2009 -- S 0658

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LC01168

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2009

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- CERTIFIED SCHOOL TEACHERS'

ARBITRATION

     Introduced By: Senator David E. Bates

     Date Introduced: February 25, 2009

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-9.3-1 of the General Laws in Chapter 28-9.3 entitled "Certified

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School Teachers' Arbitration" is hereby amended to read as follows:

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     28-9.3-1. Declaration of policy -- Purpose. -- (a) In pursuance of the duty imposed upon

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it by the constitution to promote public schools and to adopt all means necessary and proper to

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secure to the people the advantages and opportunities of education, the general assembly declares

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that it recognizes teaching as a profession which requires special educational qualifications and

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that to achieve high quality education it is indispensable that good relations exist between

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teaching personnel and school committees.

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      (b) It is declared to be the public policy of this state to accord to certified public school

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teachers the right to organize, to be represented, to negotiate professionally, and to bargain on a

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collective basis with school committees covering hours, salary, working conditions, and other

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terms of professional employment; provided, that nothing contained in this chapter shall be

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construed to accord to certified public school teachers the right to strike limit the professional

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responsibilities of teachers to those items included in a collective bargaining agreement or to

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diminish the professional responsibility and accountability of teachers to ensure that their

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professional actions have as their guiding principle the best interests of the students committed to

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their educational care.

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     (c) Strikes by public school teachers are prohibited. The term “strike” means any strike or

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other concerted job action commonly referred to as “work to rule,” including, without limitation,

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any stoppage of work, slowdown, or curtailment of one or more customary teaching practices that

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are typically provided or performed by teachers in the absence of a strike. Individuals or labor

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organizations which violate this provision shall be subject to the penalties enumerated in section

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28-9.3-17. A certified teacher who is absent from work without permission, or who abstains

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wholly or in part from the full performance of his or her duties in his or her normal manner

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without permission, on the date or dates when a strike occurs, shall be presumed to have engaged

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in such strike on such date or dates. Nothing herein shall be construed to abolish Rhode Island’s

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common law prohibition against public employee strikes.

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     (d) Prohibition against consent to strike. No person exercising on behalf of any public

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employer any authority, supervision or direction over any public employee shall have the power

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to authorize, approve, condone or consent to a strike, or the engaging in a strike, by one or more

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public employees, and such person shall not authorize, approve, condone, or consent to such

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strike or engagement.

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     SECTION 2. Chapter 28-9.3 of the General Laws entitled "Certified School Teachers'

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Arbitration" is hereby amended by adding thereto the following sections:

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     28-9.3-17. Penalties for strikes or other concerted work actions which disrupt the

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operation of the public schools or adversely affect the education of students. – Any certified

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public school teacher who strikes shall forfeit two (2) days pay to the state’s permanent school

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fund for every day that he or she engages in any such strike. Any certified collective association

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or labor organization which orders, calls, promotes, aids, abets, or counsels a strike of its

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members shall lose its authority as a recognized bargaining agent for a period of three (3) years

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and shall not collect any dues during this period of suspension. Nothing herein shall be construed

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to prohibit the dismissal or suspension of a certified teacher who strikes or to prohibit the

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commissioner of education from taking action against the teacher’s teaching certificate for

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engaging in a strike.

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     28-9.3-18. Imposition of monetary penalties -- procedure. – (a) When a school

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committee receives affidavits from its superintendent indicating that a strike is occurring or that it

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has taken place, the school committee, on the basis of theses affidavits, or such further

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investigation as it deems necessary, shall determine the dates or dates upon which a strike took

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place and the names of those employees who participated in the strike. Notice of this

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determination shall be sent by mail or by other equally effective means of communication to

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those teachers who have been determined to have engaged in a strike. Such determination shall

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not be deemed to be final until completion of the procedures provided for in this section.

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     (b) Within fifteen (15) days after notification has been given a teacher may file an

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affidavit with the superintendent of schools setting forth facts which, if proved, would show that

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the teacher had not participated in a strike. If such affidavits raise material issues of fact, the

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superintendent shall schedule a hearing before a hearing officer who shall, after hearing, forward

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a proposed decision to the school committee and to the teacher concerned. At any such hearing

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the burden of proof shall be on the teacher to demonstrate that he or she did not participate in a

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strike. The school committee shall be bound by the record of the hearing, but it may accept or

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reject the proposed decision of the hearing officer in whole or in part and write its own decision.

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If the school committee finds that the teacher engaged in a strike it shall forthwith order its chief

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financial officer to forfeit from the teacher’s pay a sum equivalent to double the amount the

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teacher would have earned for each day the teacher engaged in the strike.

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     (c) The school committee’s decision may be appealed to the commissioner of education.

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The hearing before the commissioner shall be limited to the record compiled before the local

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school district hearing officer unless the commissioner, for good cause shown, allows additional

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testimony in the matter.

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     (d) Proceedings against an employee organization under this section shall be commenced

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by a school committee by the filing of a complaint with the Rhode Island labor board and service

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of this complaint upon the employee organization. The employee organization shall have eight (8)

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days within which to serve its written answer to such charges. The board’s hearing shall be held

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promptly thereafter and at such hearing, the parties shall be permitted to be represented by

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counsel and to summon witnesses in their behalf. Compliance with the technical rules of evidence

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shall not be required.

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     (e) In determining whether an employee organization has violated subsection 29-9.3-1(c)

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by striking, the board shall consider, in addition to other relevant evidence: (1) Whether the

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employee organization called the strike or tried to prevent it; and (2) Whether the employee

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organization made or was making good faith efforts to terminate the strike.

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     28-9.3-19. Injunctive relief. – Notwithstanding the penalties specified in section 28-9.3-

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17, and in addition thereto, the superior court shall have authority to grant injunctions against

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strikes or other concerted job actions that disrupt or threaten to disrupt the operation of a public

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school or that adversely affect or threaten to adversely affect the education of students. In any

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request for injunctive relief under this provision a prima facie showing for granting such relief

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shall be established upon proof that a strike has occurred, is occurring, or is likely to occur absent

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the issuance of the requested injunctive relief. No showing or irreparable injury need be made.

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     SECTION 3. This act shall take effect upon passage.

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LC01168

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- CERTIFIED SCHOOL TEACHERS'

ARBITRATION

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     This act would prohibit strikes by public school teachers and would provide for penalties

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for those teachers who violate this section.

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     This act would take effect upon passage.

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LC01168

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