2025 -- H 5266

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LC001066

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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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

     Referred To: House Labor

     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school teachers from year to year until recognition is withdrawn or changed as provided in § 28-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

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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.

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     (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.

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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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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

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

ARBITRATION

***

     This act would require the employers of unionized public school teachers, municipal

employees and state employees, to provide the union, at least once every one hundred twenty (120)

days, a list of all their employees in their union, as well as their personal and demographic

information, which shall be kept confidential by the employer and the employee organization.

     This act would take effect upon passage.

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LC001066

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