2013 -- H 5389

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LC01131

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

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

JUDICIAL RESOLUTION PROCESS

     Introduced By: Representative Spencer E. Dickinson

     Date Introduced: February 12, 2013

     Referred To: House Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Preamble:

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     WHEREAS, Every decision made concerning public education must be in the best

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interest of our students;

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     WHEREAS, The general assembly has the authority to establish education policy and to

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ensure that the education of our children is free from the unintended learning impediments

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associated with ongoing labor actions, including strikes and work-to-rule situations;

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     WHEREAS, This will provide an avenue for a school district to avoid teachers' strikes

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through a judicial resolution process thereby minimizing family worries as the school year

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begins, providing stability in our public education system;

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     WHEREAS, This process provides prompt settlement to often lengthy, expensive and

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disruptive negotiations, saving communities' legal fees;

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     WHEREAS, This process saves taxpayer money by producing well-balanced negotiation

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outcomes that must focus on what is best for our children's education and the local taxpayer's

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ability to pay.

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     The general assembly does hereby introduce the 2013 "Teachers' Judicial Resolution

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Process."

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     SECTION 2. Sections 16-13-2, 16-13-3, 16-13-6 and 16-13-8 of the General Laws in

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Chapter 16-13 entitled "Teachers' Tenure" are hereby amended to read as follows:

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     16-13-2. Annual contract basis -- Automatic continuation. -- (a) Teaching service

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shall be on the basis of an annual contract, except as hereinafter provided, and the contract shall

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be deemed to be continuous unless the governing body of the schools shall notify the teacher in

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writing on or before March 1 April 1 that the contract for the ensuing year will not be renewed;

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provided, however, that a teacher, upon request, shall be furnished a statement of cause for

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dismissal or nonrenewal of his or her contract by the school committee; provided further, that

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whenever any contract is not renewed or the teacher is dismissed, the teacher shall be entitled to a

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hearing and appeal pursuant to the procedure set forth in section 16-13-4.

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      (b) Nothing contained in this section shall be construed to prohibit or at any time to have

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prohibited a school committee from agreeing, in a collective bargaining agreement, to the

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arbitration of disputes arising out of a dismissal or nonrenewal of a nontenured teacher pursuant

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to subsection (a) of this section.

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     16-13-3. Probationary period -- Tenure after probation. -- (a) Three (3) annual

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contracts within five (5) successive school years shall be considered evidence of satisfactory

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teaching and shall constitute a probationary period. Teachers who complete the probationary

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period shall be considered in continuous service and shall not be subject to annual renewal or

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nonrenewal of their contracts. No tenured teacher in continuous service shall be dismissed except

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for good and just cause. Whenever a tenured teacher in continuous service is to be dismissed, the

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notice of the dismissal shall be given to the teacher, in writing, on or before March 1st April 1 of

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the school year immediately preceding the school year in which the dismissal is to become

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effective. The teacher shall be furnished with a complete statement of the cause(s) for the

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dismissal by the governing body of the school and shall be entitled to a hearing and appeal

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pursuant to the procedure set forth in section 16-13-4.

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      (b) Nothing contained in this section shall be construed to prohibit or at any time to have

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prohibited a school committee from agreeing, in a collective bargaining agreement, to the

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arbitration of disputes arising out of the dismissal of a tenured teacher pursuant to subsection (a)

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of this section.

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      (c) Any teacher appointed to a position of principal, assistant principal, or vice principal

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within the school system in which the teacher has attained tenure shall, upon termination or

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resignation of the administrative position, be allowed to return to his or her former status as a

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tenured teacher within the system.

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     16-13-6. Suspension because of decrease in school population -- Seniority –

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Reinstatement. -- (a) A school board may, by reason of a substantial decrease of pupil

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population within its school system, suspend teachers in numbers necessitated by the decrease in

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pupil population; provided, however, that suspension of teachers shall be in the inverse order of

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their employment unless it is necessary to retain certain teachers of technical subjects whose

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places cannot be filled by teachers of earlier appointment; and, provided, further, that teachers

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that are suspended shall be reinstated in the inverse order of their suspension. No new

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appointments shall be made while there are available teachers so suspended.

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      (b) Notice of suspension under this section and section 16-13-5 shall be given, in

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writing, by the governing body of schools on or before March 1 April 1 notifying the teacher that

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his or her employment for the ensuing year shall be suspended, provided however, notice by that

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date need not be provided in the instance of an emergency performance related cause.

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     16-13-8. Continuity of tenure upon transfer. -- Any teacher in continuing service who

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voluntarily resigns and transfers to another community in Rhode Island without interrupting his

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or her professional career, shall be considered to remain under tenure unless the teacher is

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notified to the contrary, in writing, prior to March 1 April 1 of the second school year in which

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the teacher transfers.

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     SECTION 3. Sections 28-9.3-9, 28-9.3-10, 28-9.3-11 and 28-9.3-12 of the General Laws

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in Chapter 28-9.3 entitled "Certified School Teachers' Arbitration" are hereby amended to read as

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follows:

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     28-9.3-9. Unresolved issues submitted to mediation or arbitration. -- Unresolved

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issues submitted to mediation or judicial resolution. -- (a) In the event that the negotiating or

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bargaining agent and the school committee are unable, within thirty (30) days from and including

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the date of their first meeting, to reach an agreement on a contract, either of them may request

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mediation and conciliation upon any and all unresolved issues, including, but not limited to, the

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expenditure of money by the director of labor and training or from any other source. If mediation

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and conciliation fail or are not requested, at any time after the thirty (30) days, either party may

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request that any and all unresolved issues shall be submitted to arbitration by sending the request

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by certified mail 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, including, but not limited to, the expenditure of money shall be submitted to

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the director of labor and training for compulsory mediation until the date upon which the money

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is scheduled to be appropriated. The director of labor and training or his or her designee may

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waive this requirement upon the mutual agreement 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) If no agreement is reached by midnight of the expiration of the existing contract, or by

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mutual agreement of the parties at an earlier point in the mediation process, the parties shall

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submit a list of their respective unresolved issues to the mediator. If an agreement is not reached

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prior to the opening of school, the school committee may select the judicial resolution process by

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so notifying the representative of the teachers, in which case, the teachers shall continue to work

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under the terms of the existing contract.

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     (g) The parties shall then proceed to judicial resolution with the composition of the

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resolution board made in accordance with section 28-9.3-10.

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     (h) Ten (10) days prior to the first scheduled resolution hearing, the parties shall meet

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with the mediator and submit to the mediator their respective positions on each individual issue in

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dispute between them in the form of a last best offer total package.

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     (i) In the event an agreement is not reached by the date of the first scheduled resolution

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hearing, the parties shall proceed with resolution. The resolution board shall consider the last best

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final offer total package tendered by the parties. After consideration of said offers, the resolution

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board will select one of the offers in its entirety which shall become binding on all parties. The

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decision shall be rendered within thirty (30) days of the conclusion of the resolution hearings and

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shall be retroactive to the expiration date of the prior contract.

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     28-9.3-10. Arbitration board -- Composition. -- Resolution board -- Composition. --

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(a) Within seven (7) days after arbitration resolution has been requested as provided in section

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28-9.3-9, the negotiating or bargaining agent and the school committee shall each select and name

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one arbitrator resolution specialist and shall immediately notify each other in writing of the name

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and address of the person so selected. The qualification and selection of the first two (2)

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resolution specialists shall be at the sole discretion of the naming authority. The two (2)

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arbitrators resolution specialists selected and named shall, within ten (10) days from and after

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their selection, agree upon and select and name a third arbitrator resolution specialist, who shall

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be selected from a list of retired court judges and/or justices who have previously served as

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judges and/or justices in a Rhode Island state court. If within the ten (10) days the arbitrators

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resolution specialists are unable to agree upon the selection of a third arbitrator resolution

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specialist, the third arbitrator resolution specialist shall be selected in accordance with the rules

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and procedure of the American Arbitration Association by the presiding justice of the Rhode

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Island superior court, from a list of retired court judges and/or justices who have previously

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served as judges and/or justices in a Rhode Island state court.

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      (b) If the negotiating or bargaining agent agrees with the school committee to a different

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method of selecting arbitrators, or to a lesser or greater number of arbitrators, or to any particular

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arbitrator, or if they agree to have the board of regents for elementary and secondary education

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designate the arbitrator or arbitrators to conduct the arbitration, the agreement shall govern the

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selection of arbitrators. However, if the board of regents for elementary and secondary education

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is unwilling or fails to designate the arbitrator or arbitrators, an alternative method of selection

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shall be used.

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      (c)(b) The third arbitrator resolution specialist, whether selected as a result of agreement

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between the two (2) previously selected arbitrators resolution specialists, or selected under the

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rules of the American Arbitration Association by the presiding justice of the Rhode Island

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superior court, or by the board of regents for elementary and secondary education, or by any other

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method, shall act as chairperson.

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     28-9.3-11. Hearings. -- (a) The arbitrators resolution board shall call a hearing to be held

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within ten (10) thirty (30) days after their appointment and shall give at least seven (7) days

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notice in writing to the negotiating or bargaining agent and the school committee of the time and

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place of the hearing. The hearing shall be informal, and the rules of evidence prevailing in

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judicial proceedings shall not be binding. Any documentary evidence and other data deemed

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relevant by the arbitrators resolution board may be received in evidence.

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      (b) The arbitrators resolution board shall have the power to administer oaths and to

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require by subpoena the attendance and testimony of witnesses, and the production of books,

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records, and other evidence relative or pertinent to the issues presented to them for determination.

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The provisions of this subsection shall not prohibit the respective parties from engaging in

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continued negotiations and/or from reaching a compromise agreement on their own accord,

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separate and apart from the judicial resolution process, prior to conclusion of the judicial

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resolution process.

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      (c) Both the negotiating or bargaining agent and the school committee shall have the

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right to be represented at any hearing before the arbitrators resolution board by counsel of their

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own choosing.

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      (d) The hearing conducted by the arbitrators resolution board shall be concluded within

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twenty (20) days of the time of commencement, and within ten (10) days after the conclusion of

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the hearings, the arbitrators resolution board shall make written findings and a written opinion

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upon the issues presented, a copy of which shall be mailed or otherwise delivered to the

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negotiating or bargaining agent or its attorney or other designated representative and the school

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committee.

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     28-9.3-12. Appeal from decision. -- Appeal from judicial resolution. --The decision of

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the arbitrators resolution board shall be made public and shall be binding on the certified public

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school teachers and their representative and the school committee on all matters not involving the

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expenditure of money; provided, that nothing contained in this section shall prevent the

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representative of the certified public school teachers and the school committee from mutually

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agreeing to submit all unresolved issues to binding arbitration pursuant to the procedures set forth

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in sections 28-9.3-10 -- 28-9.3-12. In that case the decision of the arbitrators shall be final and

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binding on all matters so submitted, including those involving the expenditure of money, and

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cannot be appealed except on the ground that the decision was procured by fraud or that it

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violates the law, in which case appeals shall be to the superior court. The school committee shall

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within three (3) days after it receives the decision send a true copy of the decision by certified or

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registered mail postage prepaid to the department or agency which appropriates money for the

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operation of the schools in the city, town, or regional school district involved, if the decision

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involves the expenditure of money.

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     SECTION 4. 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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     28-9.3-9.1 School committee judicial resolution process. -- If the school committee

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does not elect to participate in the judicial resolution process, then the negotiating/mediation

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process may continue as before. In the event that the school committee elects not to proceed with

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the judicial resolution process, the right of the teachers to strike shall not be impeded or impinged

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by law or by court process.

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     28-9.3-17 Conduct of teachers during arbitration -- Proceedings. – Conduct of

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teachers during the judicial resolution process -- Proceedings. -- (a) During the conduct of the

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judicial resolution process, if said process option is selected by the school committee, no certified

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public school teacher shall participate in a strike.

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     28-9.3-18 Factors to be considered by the resolution board. -- The resolution board

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shall conduct the hearing and render their decision upon the basis of a prompt, peaceful and just

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settlement of wage or hour disputes or working conditions and terms and conditions of

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professional employment between the teachers and the school committee by which they are

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employed. The factors to be considered by the resolution board shall include, but are not limited

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to, the following:

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     (1) The interest and welfare of the students, teachers, and taxpayers;

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     (2) The city or town’s ability to pay;

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     (3) Comparison of compensation, benefits and conditions of employment of the school

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district in question with compensation, benefits and conditions of employment maintained for

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other Rhode Island public school teachers;

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     (4) Comparison of compensation, benefits and conditions of employment of the school

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district in question with compensation, benefits and conditions of employment maintained for the

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same or similar skills under the same or similar working conditions in the local operating area

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involved; and

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     (5) Comparison of education qualification and professional development requirements

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with other professions.

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     SECTION 5. This act shall take effect upon passage.

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LC01131

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

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

JUDICIAL RESOLUTION PROCESS

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     This act would extend the notification requirements for the dismissal, suspension or lay-

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off of teachers from March 1 to April 1. This act would also create a judicial resolution process to

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address all teacher contract formation issues as well as assuring teachers the right to strike in

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limited circumstances.

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     This act would take effect upon passage.

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LC01131

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