House Bill #7377 (2018)

AN ACT RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- MUNICIPAL POLICE AND FIREFIGHTERS' ARBITRATION

Relieves municipal police and firefighter bargaining representatives from their obligation to represent employees in grievances/arbitrations if they were not members of the bargaining unit within the 90 days prior to the events that caused the grievance.

View latest version | View original version
View status on official RI website

Subscribe to email updates


Changes since original draft

  • 2018 – H 7377
  • 2018 – H 7377 SUBSTITUTE A
  • ========
  • LC004282
  • LC004282/SUB A
  • ========
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATING TO PUBLIC OFFICERS AND EMPLOYEES – MUNICIPAL POLICE
  • ARBITRATION
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2018
  • ____________
  • A N A C T
  • RELATING TO PUBLIC OFFICERS AND EMPLOYEES – MUNICIPAL POLICE AND
  • FIREFIGHTERS' ARBITRATION
  • Introduced By: Representatives McEntee, Shekarchi, Canario, O'Brien, and Almeida
  • Date Introduced: January 31, 2018
  • Referred To: House Labor
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Chapter 28-9.2 of the General Laws entitled "MunicipalPolice Arbitration" is hereby amended by adding thereto the following section:
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Chapter 28-9.1 of the General Laws entitled "Firefighters' Arbitration" is hereby amended by adding thereto the following section:
  • 28-9.1-18. Exclusive bargaining representative obligations.
  • (a) The exclusive representative shall have the right to act for and negotiate agreements covering all employees in the bargaining unit. Nothing in the provision shall require the exclusive representative to provide representation at any level of the grievance process, including arbitration, in any case on behalf of an employee who has elected not to maintain membership in the employee organization for a period of at least ninety (90) days prior to the events giving rise to the grievance.
  • (b) An employee who has elected not to maintain membership in the employee organization may, at their own expense, pursue a grievance against the employer and have such grievance heard, without intervention by the exclusive representative, provided that the exclusive representative is afforded the opportunity to be present at such grievance/arbitration hearing and that any resolution of the grievance shall not be inconsistent with the terms of the collective bargaining agreement then in effect between the employer and the exclusive representative. The exclusive representative shall have no obligation to incur expenses related to a grievance initiated by an employee who has elected not to maintain membership in the employee organization for a period of at least ninety (90) days prior to the events giving rise to the grievance.
  • SECTION 2. Chapter 28-9.2 of the General Laws entitled "Municipal Police Arbitration" is hereby amended by adding thereto the following section:
  • 28-9.2-18. Exclusive bargaining representative obligations.
  • (a) The exclusive representative shall have the right to act for and negotiate agreements covering all employees in the bargaining unit. Nothing in the provision shall require the exclusive representative to provide representation at any level of the grievance process, including arbitration, in any case on behalf of an employee who has elected not to maintain membership in the employee organization for a period of at least ninety (90) days prior to the events giving rise to the grievance.
  • (b) An employee who has elected not to maintain membership in the employee organization may, at their own expense, pursue a grievance against the employer and have such grievance heard, without intervention by the exclusive representative, provided that the exclusive representative is afforded the opportunity to be present at such grievance/arbitration hearing and that any resolution of the grievance shall not be inconsistent with the terms of the collective bargaining agreement then in effect between the employer and the exclusive representative. The exclusive representative shall have no obligation to incur expenses related to a grievance initiated by an employee who has elected not to maintain membership in the employee organization for a period of at least ninety (90) days prior to the events giving rise to the grievance.
  • SECTION 2. This act shalltake effect upon passage. ======== LC004282 ========
  • LC004282 - Page 2of 3
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO PUBLIC OFFICERS AND EMPLOYEES – MUNICIPAL POLICE
  • ARBITRATION
  • SECTION 3. This act shall take effect upon passage.
  • ========
  • LC004282/SUB A
  • ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO PUBLIC OFFICERS AND EMPLOYEES – MUNICIPAL POLICE AND
  • FIREFIGHTERS' ARBITRATION
  • ***
  • This act would relieve municipal police bargaining representatives from their obligation to represent employees in grievances/arbitrations if they were not members of the bargaining unit within the ninety (90) days prior to the events that caused the grievance.
  • This act would take effect upon passage. ======== LC004282 ========
  • LC004282 - Page 3of 3
  • This act would relieve municipal police and firefighter bargaining representatives from their obligation to represent employees in grievances/arbitrations if they were not members of the bargaining unit within the ninety (90) days prior to the events that caused the grievance.
  • This act would take effect upon passage. ======== LC004282/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE

June 05, 2018 at 4:34pm
Yeas: 72 / Nays: 0 / Not voting: 2 / Recused: 1
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett NV
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha NV
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn Y
Rep. Hull R
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian Y
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price Y
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y

Floor vote for Passage In Concurrence

June 21, 2018 at 9:32pm
Yeas: 33 / Nays: 0 / Not voting: 4 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Calkin Y
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Cote NV
Sen. Coyne Y
Sen. Crowley Y
Sen. DaPonte NV
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee Y
Sen. Goldin NV
Sen. Goodwin Y
Sen. Jabour Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis NV
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y