| Chapter 015 |
| 2019 -- H 5437 SUBSTITUTE A Enacted 05/14/2019 |
| A N A C T |
| RELATING TO LABOR AND LABOR RELATIONS - ARBITRATION - CONTINUANCE OF CONTRACTUAL PROVISIONS |
| Introduced By: Representatives Vella-Wilkinson, O'Brien, Serpa, Morin, and Millea |
| Date Introduced: February 14, 2019 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 28-9.3-12 of the General Laws in Chapter 28-9.3 entitled "Certified |
| School Teachers' Arbitration" is hereby amended to read as follows: |
| 28-9.3-12. Appeal from decision. |
| While the parties are engaged in negotiations and/or utilizing the dispute resolution |
| process as required in § 28-9.3-9, all terms and conditions in the collective bargaining agreement |
| shall remain in effect. The decision of the arbitrators shall be made public and shall be binding on |
| the certified public school teachers and their representative and the school committee on all |
| matters not involving the expenditure of money. Should either party reject the non-binding |
| nonbinding matters in the decision of the arbitrators, the binding matters shall be implemented. |
| Following the conclusion of the dispute resolution process as required in § 28-9.3-9, should the |
| parties still be unable to reach agreement, all contractual provisions related to wages and benefits |
| contained in the collective bargaining agreement, except for any contractual provisions that limit |
| layoffs, shall continue as agreed to in the expired collective bargaining agreement until such time |
| as a successor agreement has been reached between the parties.; provided, that nothing Nothing |
| contained in this section shall prevent the representative of the certified public school teachers |
| and the school committee from mutually agreeing to submit all unresolved issues to binding |
| arbitration pursuant to the procedures set forth in §§ 28-9.3-10 -- 28-9.3-12. In that case the |
| decision of the arbitrators shall be final and binding on all matters so submitted, including those |
| involving the expenditure of money, and cannot be appealed except on the ground that the |
| decision was procured by fraud or that it violates the law, in which case appeals shall be to the |
| superior court. The school committee shall within three (3) days after it receives the decision send |
| a true copy of the decision by certified or registered mail postage prepaid to the department or |
| agency which that appropriates money for the operation of the schools in the city, town, or |
| regional school district involved, if the decision involves the expenditure of money. |
| SECTION 2. Section 28-9.4-13 of the General Laws in Chapter 28-9.4 entitled |
| "Municipal Employees' Arbitration" is hereby amended to read as follows: |
| 28-9.4-13. Appeal from decision. |
| (a) While the parties are engaged in negotiations and/or utilizing the dispute resolution |
| process as required in § 28-9.4-10, all terms and conditions in the collective bargaining agreement |
| shall remain in effect. The decision of the arbitrators shall be made public and shall be binding |
| upon the municipal employees in the appropriate bargaining unit and their representative and the |
| municipal employer on all matters not involving the expenditure of money. Should either party |
| reject the non-binding nonbinding matters in the decision of the arbitrators, the binding matters |
| shall be implemented. Following the conclusion of the dispute resolution process as required in § |
| 28-9.4-10, should the parties still be unable to reach agreement, all contractual provisions related |
| to wages and benefits contained in the collective bargaining agreement, except for any contractual |
| provisions that limit layoffs, shall continue as agreed to in the expired collective bargaining |
| agreement until such time as a successor agreement has been reached between the parties. |
| (b) The decision of the arbitrators shall be final and cannot be appealed except on the |
| ground that the decision was procured by fraud or that it violates the law, in which case appeals |
| shall be to the superior court. |
| (c) The municipal employer shall within three (3) days after it receives the decision send |
| a true copy of the decision by certified or registered mail postage prepaid to the department or |
| agency of the municipal employer responsible for the preparation of the budget and to the agency |
| of the municipal employer which that appropriates money for the operation of the particular |
| municipal function or service in the city, town, or regional school district involved, if the decision |
| involves the expenditure of money. |
| SECTION 3. This act shall take effect upon passage. |
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| LC001501/SUB A/3 |
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