2022 -- S 2409

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LC004338

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- ORGANIZATION OF STATE

EMPLOYEES

     Introduced By: Senators McCaffrey, Goodwin, Lawson, Ciccone, F Lombardi, Murray,
Burke, and Miller

     Date Introduced: February 15, 2022

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

to the issues presented to them for determination.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

has been reached between the parties.

     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 PUBLIC OFFICERS AND EMPLOYEES -- ORGANIZATION OF STATE

EMPLOYEES

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

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

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

after its expiration.

     This act would take effect upon passage.

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