2012 -- S 2532

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LC01225

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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 - CERTIFIED SCHOOL TEACHERS'

ARBITRATION

     Introduced By: Senators McCaffrey, and Lynch

     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 28-9.3-9 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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     28-9.3-9. Unresolved issues submitted to mediation or arbitration. -- (a) In the event

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that the negotiating or bargaining agent and the school committee are unable, within thirty (30)

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days from and including the date of their first meeting, to reach an agreement on a contract, either

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of them may request mediation and conciliation upon any and all unresolved issues by the

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director of labor and training or from any other source. If mediation and conciliation fail or are

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not requested, at any time after the thirty (30) days, either party may request that any and all

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unresolved issues shall be submitted to arbitration by sending the request by certified mail

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postage prepaid to the other party, setting forth the issues to be arbitrated.

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      (b) In the event that the negotiating or bargaining agent and the school committee are

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unable to reach an agreement on a contract thirty (30) days before the last day on which money

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can be appropriated by the city and town to cover the first year of the contract period, any and all

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unresolved issues shall be submitted to the director of labor and training for compulsory

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mediation until the date upon which the money is scheduled to be appropriated. The director of

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labor and training or his or her designee may waive this requirement upon the mutual agreement

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of the parties.

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      (c) In the event that the negotiating or bargaining agent and the school committee are

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unable within ten (10) days of the scheduled close of school in June of the last year of the

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contract in effect to reach an agreement on a contract, any and all unresolved issues shall be

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submitted to the director of labor and training for compulsory mediation.

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      (d) If the parties cannot mutually agree upon a mediator within twenty-four (24) hours,

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the director of labor and training shall select a mediator from a panel previously established by

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the director comprised of persons knowledgeable in the field of labor management relations to

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mediate the dispute. The department of labor and training is empowered to compel the attendance

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of all the parties to any and all meetings it deems necessary until the dispute is resolved.

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      (e) For any mediation pertaining to unresolved issues that are submitted to compulsory

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mediation between the negotiating or bargaining agent and the school committee, pursuant to the

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provisions of this section, the state shall pay up to five thousand dollars ($5,000) of the cost of the

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mediation expenses. Any costs above five thousand dollars ($5,000) shall be shared equally

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between the bargaining unit and the school committee.

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     (f) In the event that a successor collective bargaining agreement has not been agreed to

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by the parties, then the existing contract shall continue in effect until such time as an agreement

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has been reached between the parties.

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     SECTION 2. This act shall take effect upon passage.

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LC01225

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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 provide that if a successor collective bargaining agreement has not been

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agreed to by the parties, then the terms and conditions of the old teachers’ contract would remain

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in full force and effect until a new agreement is reached.

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     This act would take effect upon passage.

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LC01225

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