Chapter 204 |
2025 -- H 5266 Enacted 06/26/2025 |
A N A C T |
RELATING TO LABOR AND LABOR RELATIONS -- CERTIFIED SCHOOL TEACHERS' ARBITRATION |
Introduced By: Representatives Corvese, Kislak, Azzinaro, Kennedy, Noret, O'Brien, Dawson, and Craven |
Date Introduced: January 31, 2025 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 28-9.3-7 of the General Laws in Chapter 28-9.3 entitled "Certified |
School Teachers’ Arbitration" is hereby amended to read as follows: |
28-9.3-7. Certification of negotiating agent. |
(a) No association or organization shall be initially certified as the representative of |
certified public school teachers except after an election. |
(b) Teachers shall be free to join or to decline to join any association or organization |
regardless of whether it has been certified as the exclusive representative of certified public school |
teachers. |
(c) If new elections are not held after an association or labor organization is certified, the |
association or organization shall continue as the exclusive representative of the certified public |
school teachers from year to year until recognition is withdrawn or changed as provided in § 28- |
9.3-5. |
(d) Elections shall not be held more often than once each twelve (12) months and must be |
held at least thirty (30) days before the expiration date of any employment contract. |
(e) Any employees in the bargaining unit, who are not members of the exclusive bargaining |
representative organization, may be required by the labor or employee organization to pay a |
reasonable charge for representation in grievances and/or arbitrations brought at the nonmember’s |
request. |
(f) The employer shall notify the exclusive bargaining unit representative organization of |
the hiring of any employee in the bargaining unit. The notice shall be given promptly after the |
hiring decision is made but in no event later than the fifth business day following the employee’s |
start date. |
(g) Bargaining unit lists: |
(1) Once every one hundred twenty (120) days, or on a more frequent basis if mutually |
agreed to by the employer and the employee organization, the employer shall provide the employee |
organization that is the exclusive representative of a bargaining unit, and any statewide employee |
organization, of which the local employee organization is an affiliate, with a list of all employees |
in that bargaining unit. |
(2) The list shall include, as appropriate, each employee's employee ID number, first name, |
last name, work location/department, job title/classification, date of hire, date of birth, demographic |
information, contact information, and whether the employee has, to the employer's records, |
authorized dues deduction. As used in this section, "demographic information", includes the |
employee's sex and race/ethnicity, to the extent the employer is in possession of such information. |
As used in this section, "contact information" includes an employee's home address, mailing |
address, work email address, personal email address, and home and personal cellular telephone |
numbers, to the extent that the employer is in possession of such information. |
(3) To the extent possible, the employee list shall be in alphabetical order by last name and |
provided as an electronic spreadsheet with one column for each of the data listed in subsection |
(g)(2) of this section. |
(4) The list shall be kept confidential by the employer and the employee organization and |
shall be exempt from copying and inspection under chapter 2 of title 38 ("access to public records"). |
SECTION 2. Section 28-9.4-8 of the General Laws in Chapter 28-9.4 entitled "Municipal |
Employees’ Arbitration" is hereby amended to read as follows: |
28-9.4-8. Certification of negotiating agent. |
(a) No employee organization shall be initially certified as the representative of municipal |
employees in an appropriate bargaining unit except after an election. |
(b) Municipal employees shall be free to join or decline to join any employee organization |
regardless of whether it has been certified as the exclusive representative of municipal employees |
in an appropriate bargaining unit. |
(c) If new elections are not held after an employee organization is certified, the employee |
organization shall continue as the exclusive representative of the municipal employees of the |
appropriate bargaining unit from year to year until recognition is withdrawn or changed as provided |
in § 28-9.4-6. |
(d) Elections shall not be held more often than once each twelve (12) months and must be |
held at least thirty (30) days before the expiration date of any employment contract. |
(e) An employee organization designated as the representative of the majority of the |
municipal employees in an appropriate bargaining unit shall be the exclusive bargaining agent for |
all municipal employees of the unit, and shall act, negotiate agreements, and bargain collectively |
for all employees in the unit and shall be responsible for representing the interest of all the |
municipal employees without discrimination and without regard to employee organization |
membership. |
(f) Any employee(s) in the bargaining unit, who are not members of the exclusive |
bargaining representative organization, may be required by the labor or employee organization to |
pay a reasonable charge for representation in grievances and/or arbitrations brought at the |
nonmember’s request. |
(g) The employer shall notify the exclusive bargaining unit representative organization of |
the hiring of any employee in the bargaining unit. The notice shall be given promptly after the |
hiring decision is made but in no event later than the fifth business day following the employee’s |
start date. |
(h) Bargaining unit lists: |
(1) Once every one hundred twenty (120) days, or on a more frequent basis if mutually |
agreed to by the employer and the employee organization, the employer shall provide the employee |
organization that is the exclusive representative of a bargaining unit, and any statewide employee |
organization, of which the local employee organization is an affiliate, with a list of all employees |
in that bargaining unit. |
(2) The list shall include, as appropriate, each employee's employee ID number, first name, |
last name, work location/department, job title/classification, date of hire, date of birth, demographic |
information, contact information, and whether the employee has, to the employer's records, |
authorized dues deduction. As used in this section, "demographic information" includes the |
employee's sex and race/ethnicity, to the extent the employer is in possession of such information. |
As used in this section, "contact information" includes an employee's home address, mailing |
address, work email address, personal email address, and home and personal cellular telephone |
numbers, to the extent that the employer is in possession of such information. |
(3) To the extent possible, the employee list shall be in alphabetical order by last name and |
provided as an electronic spreadsheet with one column for each of the data listed in subsection |
(h)(2) of this section. |
(4) The list shall be kept confidential by the employer and the employee organization and |
shall be exempt from copying and inspection under chapter 2 of title 38 ("access to public records"). |
SECTION 3. Section 36-11-2 of the General Laws in Chapter 36-11 entitled "Organization |
of State Employees" is hereby amended to read as follows: |
36-11-2. Discrimination because of membership in employee organization prohibited. |
(a) There shall be no discrimination against any state employee because the employee has |
formed, joined, or chosen to be represented by any labor or employee organization. |
(b) Supervisory employees shall not endorse any particular labor or employee organization |
or by reason of membership in any organization, show prejudice or discriminate against any |
individual employee. |
(c) Membership in any labor or employee organization may be determined by each |
individual employee and each individual member. Membership dues or fees are established in |
amounts as determined by the organization. |
(d) The state controller shall hereby be directed, upon certification of the exclusive |
bargaining organization, to deduct biweekly membership dues from the employee’s salary and |
remit the amount to the treasurer of the exclusive bargaining organization. |
(e) Any employees in the bargaining unit, who are not members of the exclusive bargaining |
representative organization, may be required by the labor or employee organization to pay a |
reasonable charge for grievances and/or arbitrations brought at the nonmember’s request. |
(f) The employer shall notify the exclusive bargaining unit representative organization of |
the hiring of any employee in the bargaining unit. The notice shall be given promptly after the |
hiring decision is made but in no event later than the fifth business day following the employee’s |
start date. |
(g) Bargaining unit lists: |
(1) Once every one hundred twenty (120) days, or on a more frequent basis if mutually |
agreed to by the employer and the employee organization, the employer shall provide the employee |
organization that is the exclusive representative of a bargaining unit, and any statewide employee |
organization, of which the local employee organization is an affiliate, with a list of all employees |
in that bargaining unit. |
(2) The list shall include, as appropriate, each employee's employee ID number, first name, |
last name, work location/department, job title/classification, date of hire, date of birth, demographic |
information, contact information, and whether the employee has, to the employer's records, |
authorized dues deduction. As used in this section, "demographic information" includes the |
employee's sex and race/ethnicity, to the extent the employer is in possession of such information. |
As used in this section, "contact information" includes an employee's home address, mailing |
address, work email address, personal email address, and home and personal cellular telephone |
numbers, to the extent that the employer is in possession of such information. |
(3) To the extent possible, the employee list shall be in alphabetical order by last name and |
provided as an electronic spreadsheet with one column for each of the data listed in subsection |
(g)(2) of this section. |
(4) The list shall be kept confidential by the employer and the employee organization and |
shall be exempt from copying and inspection under chapter 2 of title 38 ("access to public records"). |
SECTION 4. This act shall take effect upon passage. |
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LC001066 |
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