2012 -- S 2528

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS - BOILER INSPECTION AND

PRESSURE VESSELS

     Introduced By: Senators E O`Neill, Hodgson, Bates, Kettle, and Maher

     Date Introduced: February 16, 2012

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-25-14 of the General Laws in Chapter 28-25 entitled "Boiler

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Inspection and Pressure Vessels" is hereby amended to read as follows:

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     28-25-14. Arbitration of disputed decisions. -- In case any owner of any boiler or

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pressure vessel is dissatisfied with the decision of the division in any matter, he or she may within

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two (2) days after the decision demand, in writing, an arbitration of the subject matter of the

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decision and, within five (5) days after that demand, the director of labor and training shall

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appoint one arbitrator, the owner shall appoint another arbitrator, and the two (2) so chosen shall

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appoint a third. If within five (5) days after their appointment they are unable to agree upon the

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appointment of the third arbitrator, then the arbitrator shall be appointed by any justice of the

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superior court to whom application is made by the owner after two (2) days written notice to the

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administrator of the division. If no application is made within fifteen (15) days after the decision

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of the division, the demand for arbitration shall be deemed to be withdrawn and the decision of

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the division shall become final and binding upon the parties. The arbitrators shall hear the parties,

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and the award of any two (2) shall be final and binding, which award shall be filed in the office of

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the division and notice of the award given to the owner. The arbitrators shall be entitled to receive

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compensation for each arbitration, one-half ( 1/2) of it to be paid by the owner and the other one-

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half ( 1/2) to be paid by the state. The decision of the division shall remain in force until the

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award of arbitrators is made.a hearing before the occupational safety and health review board

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pursuant to chapter 28-20.

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     SECTION 2. Section 28-25-15 of the General Laws in Chapter 28-25 entitled "Boiler

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Inspection and Pressure Vessels" is hereby repealed.

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     28-25-15. Appropriations for arbitrators. -- The general assembly shall annually

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appropriate any sum or sums that it may deem necessary for the payment of arbitrators as

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provided in section 28-25-14; and the state controller is authorized and directed to draw his or her

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orders on the general treasurer for the payment of those sums, within the amounts appropriated

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for it, as may be from time to time required, upon receipt by him or her of proper vouchers

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approved by the administrator of the division and by the director of labor and training.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS - BOILER INSPECTION AND

PRESSURE VESSELS

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     This act would amend the hearing procedure for boiler and pressure vessel violations by

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eliminating hearings before compensated arbitration panels and permitting hearings before the

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occupational safety and health review board.

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     This act would take effect upon passage.

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