Senate Bill #712 (2019)

AN ACT RELATING TO LABOR - UNION REPRESENTATION

Clarifies the rights and options of government employees who decide not to join their employer's exclusive bargaining unit.

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Changes since original draft

  • 2019 – S 0712
  • 2019 – S 0712 SUBSTITUTE A
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  • LC002158
  • LC002158/SUB A
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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 - UNION REPRESENTATION
  • RELATING TO LABOR - UNION REPRESENTATION
  • Introduced By: Senators Ciccone, Lombardi, and McCaffrey
  • Date Introduced: March 21, 2019
  • Referred To: Senate 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 – Payment of service charge by non- members.
  • (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continue as the exclusive representative of the certified public school teachers from year to year until recognition is withdrawn or changed as provided in § 28- 9.3-5.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) Where certified public school teachers have selected an exclusive bargaining representative organization, all nonmembers of the exclusive bargaining representative organization shall pay to the exclusive bargaining organization a service charge as a contribution toward the collective bargaining procedures involved in securing a contract and the administration of any collective bargaining agreement in an amount equal to the regular dues of the organization.
  • (f) 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 fee for administrative matters, including, but not limited to, grievances and arbitrations.
  • (g) The employer shall notify the exclusive bargaining unit representative organization of the hiring of any employee in the bargaining unit within five (5) business days of the date of hire.
  • 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 – Payment of service charge by non- members.
  • (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) Where certified public school teachers have selected an exclusive bargaining representative organization, all nonmembers of the exclusive bargaining representative organization shall pay to the exclusive bargaining organization a service charge as a contribution toward the collective bargaining procedures involved in securing a contract and the administration of any collective bargaining agreement in an amount equal to the regular dues of the organization. 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. Said 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.
  • 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 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 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 fee for administrative matters, including, but not limited to, grievances and arbitrations.
  • (g) The employer shall notify the exclusive bargaining unit representative organization of the hiring of any employee in the bargaining unit within five (5) business days of the date of hire.
  • (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. Said 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.
  • SECTION 3. Section 36-6-17 of the General Laws in Chapter 36-6 entitled "Salaries and Traveling Expenses" is hereby amended to read as follows:
  • 36-6-17. Deductions for union dues.
  • (a) Upon request of any state employee who is a member of any bona fide labor union or elects to pay dues or fees to a union, the state controller shall deduct from the employee's salary his or her dues as a member or fees and shall remit, together with a list by departments of the members or fee payers whose dues payments have been deducted, the amounts so deducted, to the treasurer of the labor union, designated by the employee in the request.; provided, however, However, that where a labor union has been certified as the sole and exclusive bargaining representative for an appropriate unit, only the dues or fees for the sole and exclusive bargaining representative shall be deducted. The state controller shall make dues or fee deductions, on an on- going basis, unless the employee files a written notice requesting termination of such payments, with the exclusive bargaining representative and the employer.
  • (b) In the case of an employee employed in an area where there is no certified exclusive bargaining organization, the request for dues deductions or fees to a bona fide labor union shall be voluntary and shall take effect thirty (30) days after presentation., The deduction shall be taken out according to appropriate payroll period and termination of the deduction shall be by sixty (60) days' written notice in advance or upon termination of employment; provided, however, that if the employer and the selected sole and exclusive bargaining representative have reached an agreement requiring membership in the union as a condition of employment regarding the payment of dues or fees or the employee on a voluntary basis elects to pay dues or fees. then Then the state controller shall make dues or fee deductions on an on-going basis, in accordance with contract provisions or applicable laws with the same being irrevocable until the expiration of the agreement between the employer and the exclusive bargaining representative unless the employee files a written notice requesting termination of such payments, with the exclusive bargaining representative and the employer.
  • (a) Upon request written authorization of any state employee who is a member of any bona fide labor union or who voluntarily elects to pay dues or fees to a union, the state controller shall deduct from the employee's salary his or her dues as a member or fees and shall remit, together with a list by departments of the members or fee payers whose dues payments have been deducted, the amounts so deducted, to the treasurer of the labor union, designated by the employee in the request; provided, however, that where a labor union has been certified recognized as the sole and exclusive bargaining representative for an appropriate unit, only the dues or fees for the sole and exclusive bargaining representative shall be deducted. The state controller shall make dues or fee deductions, on an on-going basis, unless the employee files a written notice requesting termination of such payments, with the exclusive bargaining representative.
  • (b) In the case of an employee employed in an area where there is no certified exclusive bargaining organization, the request for dues deductions or fees to a bona fide labor union shall be voluntary and shall take effect thirty (30) days after presentation., The deduction shall be taken out according to appropriate payroll period and termination of the deduction shall be by sixty (60) days' written notice in advance or upon termination of employment; provided, however, that if the employer and the selected sole and exclusive bargaining representative have reached an agreement requiring membership in the union as a condition of employment regarding the payment of dues or fees or the employee on a voluntary basis elects to pay dues or fees, then the state controller shall make dues or fee deductions on an on-going basis, in accordance with contract provisions or applicable laws with the same being irrevocable until the expiration of the agreement between the employer and the exclusive bargaining representative unless the employee files a written notice requesting termination of such payments with the exclusive bargaining representative.
  • SECTION 4. 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.
  • There shall be no discrimination against any state employee because the employee has formed, joined, or chosen to be represented by any labor organization or employee organization. Membership in any employee organization may be determined by each individual employee; provided, however, that in areas where employees have selected an exclusive bargaining representative organization, all nonmembers of the exclusive bargaining representative organization shall pay to the exclusive employee organization a service charge as a contribution toward the negotiation and administration of any collective bargaining agreement in an amount equal to the regular biweekly membership dues of the organization, with the state controller being hereby directed upon certification of the exclusive bargaining organization to deduct biweekly from the employee's salary the above amount and remit the amount to the treasurer of the exclusive bargaining organization. Supervisory employees shall not endorse any particular employee organization or, by reason of membership in any organization, show prejudice or discriminate toward any individual employee.
  • (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 shall pay regular biweekly membership dues or fees an amount as determined by the organization.
  • (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 fee for administrative matters including, but not limited to, to grievances and arbitrations.
  • (f) The employer shall notify the exclusive bargaining unit representative organization of the hiring of any employee in the bargaining unit within five (5) business days of the date of hire.
  • (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. Said 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.
  • SECTION 5. This act shall take effect upon passage.
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  • LC002158
  • LC002158/SUB A
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO LABOR - UNION REPRESENTATION
  • ***
  • This act would clarify the rights and options of government employees who decide not to join their employer's exclusive bargaining unit.
  • This act would take effect upon passage. ======== LC002158 ========
  • This act would take effect upon passage. ======== LC002158/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 11, 2019 at 8:01pm
Yeas: 36 / Nays: 0 / Not voting: 1 / Recused: 1
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Bell Y
Sen. Cano Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Coyne Y
Sen. Crowley Y
Sen. Cruz Y
Sen. DiPalma Y
Sen. Euer Y
Sen. Felag Y
Sen. Gallo Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Lawson R
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. McKenney Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Murray Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard NV
Sen. Quezada Y
Sen. Raptakis Y
Sen. Rogers Y
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y
Sen. Valverde Y