House Bill #5437 (2019)

AN ACT RELATING TO LABOR AND LABOR RELATIONS - ARBITRATION - CONTINUANCE OF CONTRACTUAL PROVISIONS

Provides for the extension of certain contractual provisions in a school teachers' collective bargaining agreement if the parties are engaged in negotiations.

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Changes since original draft

  • 2019 – H 5437
  • 2019 – H 5437 SUBSTITUTE A
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  • LC001501
  • LC001501/SUB A/3
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  • S T A T E O F R H O D E I S L A N D
  • 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. 2019
  • ____________
  • A N A C T
  • RELATING TO LABOR AND LABOR RELATIONS - ARBITRATION - CONTINUANCE
  • RELATING TO LABOR AND LABOR RELATIONS - ARBITRATION - CONTINUANCE
  • OF CONTRACTUAL PROVISIONS
  • Introduced By: Representatives Vella-Wilkinson, O'Brien, Serpa, Morin, and Millea
  • Date Introduced: February 14, 2019
  • Referred To: House Labor
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Chapter 28-9.3 of the General Laws entitled "Certified School Teachers' Arbitration" is hereby amended by adding thereto the following section:
  • 28-9.3-17. Continuance of contractual provisions.
  • All contractual provisions contained in a collective bargaining agreement, entered into pursuant to the provisions of this chapter, shall continue until such time as a successor agreement has been reached between the parties, excluding contractual provisions that limit layoffs or layoffs pursuant to § 16-13-6.
  • SECTION 2. Chapter 28-9.4 of the General Laws entitled "Municipal Employees' Arbitration" is hereby amended by adding thereto the following section:
  • 28-9.4-20. Continuance of contractual provisions.
  • All contractual provisions contained in a collective bargaining agreement, entered into pursuant to the provisions of this chapter, shall continue until such time as a successor agreement has been reached between the parties, excluding contractual provisions that limit layoffs.
  • SECTION 1. Section 28-9.3-12 of the General Laws in Chapter 28-9.3 entitled "Certified School Teachers' Arbitration" is hereby amended to read as follows:
  • 28-9.3-12. Appeal from decision.
  • While the parties are engaged in negotiations and/or utilizing the dispute resolution process as required in § 28-9.3-9, all terms and conditions in the collective bargaining agreement shall remain in effect. The decision of the arbitrators shall be made public and shall be binding on the certified public school teachers and their representative and the school committee on all matters not involving the expenditure of money. Should either party reject the non-binding matters in the decision of the arbitrators, the binding matters shall be implemented. Following the conclusion of the dispute resolution process as required in § 28-9.3-9, should the parties still be unable to reach agreement, all contractual provisions related to wages and benefits contained in the collective bargaining agreement, except for any contractual provisions that limit layoffs, shall continue as agreed to in the expired collective bargaining agreement until such time as a successor agreement has been reached between the parties.; provided, that nothing Nothing contained in this section shall prevent the representative of the certified public school teachers and the school committee from mutually agreeing to submit all unresolved issues to binding arbitration pursuant to the procedures set forth in §§ 28-9.3-10 – 28-9.3-12. In that case the decision of the arbitrators shall be final and binding on all matters so submitted, including those involving the expenditure of money, and cannot be appealed except on the ground that the decision was procured by fraud or that it violates the law, in which case appeals shall be to the superior court. The school committee shall within three (3) days after it receives the decision send a true copy of the decision by certified or registered mail postage prepaid to the department or agency which appropriates money for the operation of the schools in the city, town, or regional school district involved, if decision involves the expenditure of money.
  • SECTION 2. Section 28-9.4-13 of the General Laws in Chapter 28-9.4 entitled "Municipal Employees' Arbitration" is hereby amended to read as follows:
  • 28-9.4-13. Appeal from decision.
  • (a) While the parties are engaged in negotiations and/or utilizing the dispute resolution process as required in § 28-9.4-10, all terms and conditions in the collective bargaining agreement shall remain in effect. The decision of the arbitrators shall be made public and shall be binding upon the municipal employees in the appropriate bargaining unit and their representative and the municipal employer on all matters not involving the expenditure of money. Should either party reject the non-binding matters in the decision of the arbitrators, the binding matters shall be implemented. Following the conclusion of the dispute resolution process as required in § 28-9.4- 10, should the parties still be unable to reach agreement, all contractual provisions related to wages and benefits contained in the collective bargaining agreement, except for any contractual provisions that limit layoffs, shall continue as agreed to in the expired collective bargaining agreement until such time as a successor agreement has been reached between the parties.
  • (b) The decision of the arbitrators shall be final and cannot be appealed except on the ground that the decision was procured by fraud or that it violates the law, in which case appeals shall be to the superior court.
  • (c) The municipal employer shall within three (3) days after it receives the decision send a true copy of the decision by certified or registered mail postage prepaid to the department or agency of the municipal employer responsible for the preparation of the budget and to the agency of the municipal employer which appropriates money for the operation of the particular municipal function or service in the city, town, or regional school district involved, if the decision involves the expenditure of money.
  • SECTION 3. This act shall take effect upon passage.
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  • LC001501
  • LC001501/SUB A/3
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO LABOR AND LABOR RELATIONS - ARBITRATION - CONTINUANCE
  • OF CONTRACTUAL PROVISIONS
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  • This act would provide that the contractual provisions contained in an otherwise expired collective bargaining agreement with certified school teachers and municipal employees would continue until a successor agreement has been reached between the parties.
  • This act would take effect upon passage. ======== LC001501 ========
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  • This act would provide that all terms and conditions in a school teachers' collective bargaining agreement as well as a municipal employees' collective bargaining agreement shall remain in effect while the parties are engaged in negotiations and/or certain dispute resolution processes and would provide that contractual provisions related to wages and benefits, excluding those that limit layoffs, would continue as agreed to, despite the lack of an agreement following mediation or arbitration until a successor agreement is reached.
  • This act would take effect upon passage. ======== LC001501/SUB A/3 ========

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