Chapter 582

2004 -- H 7085 SUBSTITUTE A AS AMENDED

Enacted 07/30/04

A N A C T

RELATING TO LABOR AND LABOR RELATIONS - - CORRECTIONAL OFFICERS -- ARBITRATORS

Introduced By: Representatives Corvese, T Brien, Laroche, San Bento, and Almeida

Date Introduced: January 08, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Title 28 of the General Laws entitled "Labor and Labor Relations" is

hereby amended by adding thereto the following chapter:

CHAPTER 9.7

CORRECTIONAL OFFICERS ARBITRATION

28-9.7-1. Short title. -- This chapter may be cited as the “Correctional Officers

Arbitration Act.”

28-9.7-2. Statement of policy. -- (a) The protection of the public health, safety and

welfare demands that the full-time correctional officers of the state of Rhode Island not be

accorded the right to strike or engage in any work stoppage or slowdown. This necessary

prohibition does not, however, require the denial to such state employees of other well recognized

rights of labor, such as the right to organize, to be represented by an organization of their choice,

and the right to bargain collectively concerning wages, rates of pay, and other terms and

conditions of employment.

(b) It is hereby declared to be the public policy of this state to accord to the full-time

correctional officers of the state all of the rights of labor other than the right to strike or engage in

any work stoppage or slowdown. To provide for the exercise of these rights, a method of

arbitration of disputes is hereby established.

(c) The establishment of this method of arbitration shall not, however, in any way

whatever, be deemed to be recognized by the state of compulsory arbitration as a superior method

of settling labor disputes between employees who possess the right to strike and their employers,

but rather shall be deemed to be a recognition solely of the necessity to provide some alternative

mode of settling disputes where employees must as a matter of public policy be denied the usual

right to strike.

28-9.7-3. Definitions. -_- As used in this chapter, the following terms shall, unless the

context requires a different interpretation have the following meanings:

(1) “State authorities” shall mean the proper officials of the state whose duty or duties it

is to establish the wages, salaries, rates of pay, hours, working conditions, and other terms and

conditions of employment of correctional officers;

(2) “Correctional officers” shall mean the full-time correctional officer of the state of

Rhode Island.

28-9.7-4. Right to organize and bargain collectively. - - The correctional officers shall

have the right to bargain collectively with the state of Rhode Island and to be represented by an

organization in the collective bargaining as to wages, rates of pay, hours, working conditions, and

all other terms and conditions of employment.

28-9.7-5. Recognition of bargaining agent. - - The organization selected by the

majority of the correctional officers shall be recognized by the state as the sole and exclusive

bargaining agent for all of the correctional officers unless and until recognition of the

organization is withdrawn by vote of a majority of the correctional officers. The labor

organization or state may designate any person or persons to negotiate or bargain on its behalf;

provided, however, that the person or persons so designated shall be given authority to enter into

and conclude an effective and binding collective bargaining agreement.

28-9.7-6. Obligation to bargain. - - It shall be the obligation of the state, acting through

state authorities, to meet and confer in good faith with the designated representative or

representatives of the bargaining agent, including any legal counsel selected by the bargaining

agent, within ten (10) days after receipt of written notice from the bargaining agent of the request

for a meeting for collective bargaining purposes. This obligation shall include the duty to cause

any agreement resulting from the negotiations to be reduced to a written contract, provided that

no contract shall exceed the term of three (3) years.

28-9.7-7. Unresolved issues submitted to arbitration. - - In the event that the

bargaining agent and the state authorities are unable within thirty (30) days from and including

the date of their first meeting to reach an agreement on a contract, any and all unresolved issues

shall be submitted to arbitration.

28-9.7-8. Arbitration board - - Composition. - - Within five (5) days from the

expiration of the thirty (30) day period referred to in section 28-9.7-7, unless the parties mutually

agree to extend the time to select their arbitrator, the bargaining agent and the state authorities

shall each select and name one (1) arbitrator and shall immediately thereafter notify each other in

writing of the name and address of the person so selected. The two (2) arbitrators so selected and

named shall, within ten (10) days from and after the expiration of the five (5) day period above

agree upon and select and name a third arbitrator. If, on the expiration of the period allowed

therefor, the arbitrators are unable to agree upon the selection of a third arbitrator, the chief

justice of the Rhode Island supreme court shall select a resident of Rhode Island or a person

whose place of business or principal place of employment is in Rhode Island as the third

arbitrator upon request in writing from either the bargaining agent or the state authorities. The

third arbitrator, whether selected as a result of agreement between the two (2) arbitrators

previously selected or selected by the chief justice, shall act as chair of the arbitration board.

28-9.7-9. Hearings. - - (a) The arbitration board shall, acting through its chair, call a

hearing to be held within ten (10) days after the date of appointment of the chairperson, and shall,

acting through its chairperson, give at least seven (7) days’ notice in writing to each of the other

two (2) arbitrators, the bargaining agent, and the state authorities 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. Any and all documentary evidence and other data deemed relevant by the

arbitrators may be received in evidence. The arbitrators 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.

(b) The hearing conducted by the arbitrators shall be concluded within twenty (20) days

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

arbitrators 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 otherwise

delegated representative and to the state authorities. A majority decision of the arbitrators shall be

binding upon both the bargaining agent and the state authorities.

28-9.7-10. Factors to be considered by arbitration board. - - The arbitrators shall

conduct the hearings and render their decision upon the basis of a prompt, peaceful, and just

settlement of wage or hour disputes between the correctional officers and the state. The factors

among others to be given weight by the arbitrators in arriving at a decision shall include:

(1) Comparison of wage rates or hourly conditions of employment of the correctional

officers with prevailing wage rates or hourly conditions of employment of skilled employees of

the building trades and industry in the state;

(2) Comparison of wage rates or hourly conditions of employment of the correctional

officers with wage rates or hourly conditions of employment of correctional officers in other

states;

(3) Interest and welfare of the public;

(4) Comparison of peculiarities of employment in regard to other trades or professions,

specifically:

(i) Hazards of employment;

(ii) Physical qualifications;

(iii) Educational qualifications;

(iv) Mental qualifications;

(v) Job training and skills.

(5) Consideration of state’s ability to pay.

28-9.7-11. Fees and expenses of arbitration. - - Fees and necessary expenses of

arbitration shall be borne equally by the bargaining agent and the state. Notwithstanding any

other remedies which a court-appointed arbitrator appointed by the chief justice pursuant to

section 28-9.7-8 may have the arbitrator or a party who has paid its share of the fees and

necessary expenses of a court-appointed arbitrator may petition the superior court for sanctions

against the party failing to make timely payment of its share of such arbitrator’s fees and

expenses and the superior court is authorized to enforce the sanctions against the nonpaying

party, including, but not limited to, contempt powers pursuant to section 8-6-1.

28-9.7-12. Collective bargaining contract. - - Any agreements actually negotiated

between the bargaining agent and the state authorities either before or within thirty (30) days after

arbitration shall constitute the collective bargaining contract governing correctional officers and

the state for the period stated therein, provided that the period shall not exceed three (3) years.

Any collective bargaining agreement negotiated under the terms and provisions of this chapter

shall specifically provide that the correctional officers who are subject to its terms shall have no

right to engage in any work stoppage, slowdown or strike, the consideration for the provision

being the right to a resolution of disputed questions.

28-9.7-13. Request for collective bargaining. - - Whenever wages, rates of pay, or any

other matter requiring appropriation of money by the state are included as matter of collective

bargaining conducted under the provisions of this chapter, it is the obligation of the bargaining

agent to serve written notice of request for collective bargaining on the state authorities at least

one hundred twenty (120) days before the last day on which money can be appropriated by the

state to cover the contract period which is the subject of the collective bargaining procedure.

28-9.7-14. Writ of certiorari to the supreme court. - - The sole avenue of review of a

decision of an arbitration panel issued pursuant to this chapter shall be by petition for writ of

certiorari to the supreme court. In the event a decision of the arbitration panel is sought to be

reviewed by writ of certiorari to the supreme court, then the matter shall be given priority by the

supreme court.

28-9.7-15. Attorneys’ fees, costs, and interest. - - In the event either the bargaining

agent or the state authorities shall file a petition for writ of certiorari to the supreme court of the

state of Rhode Island for a review or modification of a majority decision of the arbitrators, which

by the provisions of section 28-9.7-9 is binding upon both the bargaining agent and the state

authorities, the party against whom the decision of the supreme court shall be adverse, if the

supreme court finds the appeal or petition to be frivolous shall pay reasonable attorneys’ fees and

costs to the successful party as determined by the supreme court and the supreme court shall in its

final decision affirms and awards the costs and reasonable attorneys’ fees; and if the final

decision affirms the award of money, the award, if retroactive, shall bear interest at the rate of

eight percent (8%) per annum from the effective retroactive date.

28-9.7-16. Severability. - - If any provision of this chapter, or application thereof to any

person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of

this chapter and the application of the provisions to other persons or circumstances, other than

those to which it is held invalid, shall not be affected thereby.

28-9.7-17. Affirmative action provisions. - - The state authorities, as defined herein,

shall include proposals for affirmative action provisions as a subject for all collective bargaining

negotiations. The proposals shall include, at a minimum, but not limited to, the following

personnel actions, recruitment, new hires, promotions, transfers, terminations, training and

education, layoffs and return from layoff.

     SECTION 2. This act shall take effect upon passage.

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LC00261/SUB A

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