2021 -- H 5402

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LC000789

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO LABOR -- ORGANIZATION OF STATE EMPLOYEES

     

     Introduced By: Representatives Vella-Wilkinson, Williams, Noret, Kazarian, and
Morales

     Date Introduced: February 05, 2021

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 36-11-9 of the General Laws in Chapter 36-11 entitled "Organization

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of State Employees" is hereby amended to read as follows:

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     36-11-9. Binding arbitration -- Procedure.

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     (a) All issues remaining in dispute after the procedures for voluntary resolution of issues

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provided in § 36-11-8 are exhausted shall be referred to final and binding arbitration and decision.

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An arbitrator shall be selected within fifteen (15) days from lists of certified arbitrators submitted

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by and in accordance with the rule of the American Arbitration Association, provided, however,

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that all names so submitted shall be of Rhode Island residents.

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     (b) The arbitrator shall call a hearing to be held within ten (10) days of his or her

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appointment and shall give at least seven (7) days written notice in writing to the bargaining agent

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and chief executive of the time and place of the hearing. The hearing shall be informal, and the

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rules of evidence prevailing in judicial proceedings shall not be binding; provided, however, that a

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stenographic record of the proceedings shall be kept and transcribed. Any and all documentary

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evidence and other data deemed relevant by the arbitrator may be received in evidence. The

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arbitrator shall have the power to administer oaths and to require by subpoena the attendance and

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testimony of witnesses, the production of books, records, and other evidence relative or pertinent

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to the issues presented to them for determination.

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     (c) The hearing conducted by the arbitrator shall be concluded within twenty (20) days of

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the time of commencement, and, within ten (10) days after the conclusion of the hearings, the

 

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arbitrator shall make written findings and a written opinion upon the issues presented, a copy of

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which shall be mailed or otherwise delivered to the bargaining agent or its attorney or other

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designated representative and the chief executive. The decision of the arbitrator shall be binding

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upon both the bargaining agent and the chief executive as to all issues and matters other than an

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issue which involves wages and as to that issue, the decision shall be advisory in nature.

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     (d) While the parties are engaged in negotiations and/or utilizing the dispute resolution

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process as required in §§ 36-11-7.1, 36-11-8, and subsections (a) through (c) of this section, all

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terms and conditions in the collective bargaining agreement shall remain in effect. Should either

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party reject the advisory matters in the decision of the arbitrator, the binding matters shall be

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implemented. Following the conclusion of the dispute resolution process as required in subsections

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(a) through (c) of this section, should the parties still be unable to reach agreement, all contractual

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provisions related to wages contained in the collective bargaining agreement shall continue as

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agreed to in the expired collective bargaining agreement until such time as a successor agreement

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has been reached between the parties.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR -- ORGANIZATION OF STATE EMPLOYEES

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     This act would require that if state employee unions are engaged in contract negotiations

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and/or utilizing the dispute resolution process to adopt a successor contract, all the terms and

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conditions in the existing collective bargaining agreement shall continue to remain in effect, even

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after its expiration.

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     This act would take effect upon passage.

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