reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-8 - Actions by Labor Organizations › Section 28-8-3. - Remedy cumulative.

§ 28-8-3. Remedy cumulative.
This chapter is not in substitution of any remedies that are now available to the employer or employee, but is cumulative to those remedies.
History of Section.
P.L. 1955, ch. 3513, § 3; G.L. 1956, § 28-8-3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-1. - Enforceability of agreement to arbitrate any controversy.

§ 28-9-1. Enforceability of agreement to arbitrate any controversy.
A provision in a written contract between an employer and an association of employees, a labor union, trade union, or craft union, or between an association of employers and an association of employees, labor unions, trade unions, or craft unions, to settle by arbitration any controversy shall be valid, irrevocable, and enforceable, except upon any grounds that exist in law or in equity for the revocation of the contract; provided, that the provisions of this chapter apply but are not limited to controversies respecting terms and conditions of employment. Unless the parties agree otherwise in writing that the arbitrator shall have no authority to modify the penalty imposed by the employer in the arbitration of matters relating to the disciplining of employees, including, but not limited to, termination, suspension, or reprimand, the arbitrator shall have the authority to modify the penalty imposed by the employer and/or otherwise fashion an appropriate remedy.
History of Section.
P.L. 1955, ch. 3517, § 1; G.L. 1956, § 28-9-1; P.L. 1990, ch. 378, § 1; P.L. 1996, ch 227, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-2. - Enforceability of agreement to arbitrate existing or prior controversy.

§ 28-9-2. Enforceability of agreement to arbitrate existing or prior controversy.
An agreement in writing between an employer and an association of employees, a labor union, trade union, or craft union, or between an association of employers and an association of employees, labor unions, trade unions, or craft unions, to submit to arbitration any controversy existing between them prior to and at the time of the agreement shall be valid, irrevocable, and enforceable, except upon any grounds that exist in law or in equity for the revocation of the contract.
History of Section.
P.L. 1955, ch. 3517, § 2; G.L. 1956, § 28-9-2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-3. - Enforceability of agreement to arbitrate new contract.

§ 28-9-3. Enforceability of agreement to arbitrate new contract.
A provision in a written contract between an employer and an association of employees, a labor union, trade union, or craft union, or between an association of employers and an association of employees, labor unions, trade unions, or craft unions, to submit to arbitration any and all controversies relative to the execution of a new contract upon the termination of an existing contract, as provided for in writing in the existing contract, shall be valid, irrevocable, and enforceable, except upon any grounds that exist in law or in equity for the revocation of the contract; and it is not a defense to the enforceability of the provision to submit to arbitration that the issue or issues that the arbitrator or arbitrators must decide is not one that could have formed the basis of an action at law or suit in equity.
History of Section.
P.L. 1955, ch. 3517, § 3; G.L. 1956, § 28-9-3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-4. - Stay of judicial proceedings on arbitrable issue.

§ 28-9-4. Stay of judicial proceedings on arbitrable issue.
If any suit or proceedings is brought on any issue referable to arbitration under an agreement in writing for the arbitration, the court in which the suit is pending, upon being satisfied that the issue involved in the suit or proceedings is referable to arbitration under an agreement, shall on application of one of the parties, stay the trial of the action until the arbitration has been held.
History of Section.
P.L. 1955, ch. 3517, § 4; G.L. 1956, § 28-9-4.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-5. - Superior court order of arbitration.

§ 28-9-5. Superior court order of arbitration.
(a)
The making of an agreement for arbitration shall be deemed a consent of the parties to the arbitration to the jurisdiction of the superior court of this state to enforce the agreement. A party aggrieved by the failure, neglect, or refusal of another to perform under a contract or submission providing for arbitration, may petition the superior court, or a judge of that court, for an order directing that the arbitration proceed in the manner provided for in the contract or submission.
(b)
Five (5) days’ notice in writing of the application shall be served upon the party in default. Service shall be made in the manner specified in the contract or submission, and if no manner of service is specified, then in the manner provided by law for personal service of a summons, within or without the state, or substituted service of a summons, or upon satisfactory proof that the aggrieved party has been or will be unable with due diligence to make service in any of the previously mentioned manners, then the notice shall be served in the manner that the court or judge directs.
(c)
A judge of the superior court shall hear the parties and upon being satisfied that there is no substantial issue as to the making of the contract or submission or the failure to comply with it, the court or the judge hearing the application shall make an order directing the parties to proceed to arbitration in accordance with the terms of the contract or submission.
History of Section.
P.L. 1955, ch. 3517, § 5; G.L. 1956, § 28-9-5.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-6. - Trial of issue as to existence of agreement to arbitrate or failure to comply.

§ 28-9-6. Trial of issue as to existence of agreement to arbitrate or failure to comply.
(a)
If evidentiary facts are set forth raising a substantial issue as to the making of the contract or submission or the failure to comply with it, the court or the judge shall immediately proceed to the trial of the issue.
(b)
If no jury trial is demanded by either party, the court or the judge shall hear and determine the issue.
(c)
Where this issue is raised, any party may, on or before the return day of the notice of application, demand a jury trial of the issue, and if a demand is made, the court or the judge shall make an order referring the issue or issues to a jury in the manner provided by law for referring to a jury issues in an equity action.
(d)
Whenever an immediate trial is ordered, the order shall provide that, if the court, or where a jury has been demanded, the jury, finds that a written contract providing for arbitration was made or a submission was entered into, and that there was a failure to comply with the contract, the parties shall proceed with the arbitration in accordance with the terms of the contract or submission, and the order shall provide that if the court or jury finds that there was no contract or submission or failure to comply with the contract, then the proceeding shall be dismissed.
History of Section.
P.L. 1955, ch. 3517, § 5; G.L. 1956, § 28-9-6.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-7. - Selection of arbitrators.

§ 28-9-7. Selection of arbitrators.
If in the contract for arbitration or in the submission, provision is made for a method of naming or appointing an arbitrator or arbitrators or an umpire, that method shall be followed, but if no method is provided in the contract, the parties to the contract or submission shall agree to the method of naming or appointing an arbitrator or arbitrators or an umpire. If the parties fail to agree, then the director of labor and training, upon application of either of the parties after due notice to the other party, shall appoint an arbitrator to hear the dispute.
History of Section.
P.L. 1955, ch. 3517, § 6; G.L. 1956, § 28-9-7.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-8. - Hearings by arbitrators.

§ 28-9-8. Hearings by arbitrators.
Subject to the terms of the submission or contract, if any are specified in the contract, the arbitrators selected as prescribed in this chapter must appoint a time and place for the hearing of the matters submitted to them, and must cause notice thereof to be given to each of the parties. They, or a majority of them, may adjourn the hearing from time to time on the application of either party for good cause shown or on their own motion, but not beyond the day fixed in the submission if a date has been set in the contract or submission for rendering their award, unless the time fixed is extended by the written consent of the parties to the submission or contract or their attorneys, or the parties have continued with the arbitration without objection to the adjournment.
History of Section.
P.L. 1955, ch. 3517, § 7; G.L. 1956, § 28-9-8.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-9. - Court order directing arbitrators to proceed promptly.

§ 28-9-9. Court order directing arbitrators to proceed promptly.
The court shall have the power to direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
History of Section.
P.L. 1955, ch. 3517, § 7; G.L. 1956, § 28-9-9.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-10. - Oath of arbitrators.

§ 28-9-10. Oath of arbitrators.
Before hearing any testimony, arbitrators selected as prescribed in this chapter must be sworn, by an officer authorized by law to administer an oath, faithfully and fairly to hear and examine the matters in controversy and to make a just award according to the best of their understanding, unless the oath is waived by the written consent of the parties to the submission or contract or their attorneys, or the parties have continued with the arbitration without objection to the failure of the arbitrators to take the oath.
History of Section.
P.L. 1955, ch. 3517, § 8; G.L. 1956, § 28-9-10.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-11. - Summons of witnesses — Attendance by arbitrators — Majority required for award.

§ 28-9-11. Summons of witnesses — Attendance by arbitrators — Majority required for award.
The arbitrator or arbitrators selected as prescribed in this chapter may require any person to attend before them as a witness; and he or she and they have, and each of them has, the same powers with respect to all the proceedings before them that are conferred upon a board or a member of a board authorized by law to hear testimony. All the arbitrators selected as prescribed in this chapter must meet together and hear all the allegations and proofs of the parties, but an award by a majority of them is valid unless the concurrence of all is expressly required in the submission or contract.
History of Section.
P.L. 1955, ch. 3517, § 9; G.L. 1956, § 28-9-11.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-12. - Arbitrators’ fees.

§ 28-9-12. Arbitrators’ fees.
(a)
In any proceeding under this chapter, unless the parties agree to the arbitrator’s or arbitrators’ fees, those fees shall be fixed by the director of labor and training who shall require equal payment of the arbitrators’ fees by both parties.
(b)
If a party to the arbitration is a department or division of state government, the director of labor and training shall inform the office of budget of the amount of the arbitrator’s fee attributable to the department or division. The office of budget shall charge to the account of the department or division the amount of the arbitrator’s fees attributable to it. In addition, the office of budget shall also charge to the account of the department or division any and all other costs, including, but not limited to, witness fees and attorney’s fees incurred by the department or division in connection with the arbitration proceeding.
History of Section.
P.L. 1955, ch. 3517, § 10; G.L. 1956, § 28-9-12; P.L. 1982, ch. 344, art. 12, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-13. - Validity of arbitration without judicial order — Grounds for attack.

§ 28-9-13. Validity of arbitration without judicial order — Grounds for attack.
An award shall be valid and enforceable according to its terms and under the provisions of this chapter without previous adjudication of the existence of a submission or contract to arbitrate, subject to the provisions of this section:
(1)
A party who has participated in any of the proceedings before the arbitrator or arbitrators may object to the confirmation of the award only on one or more of the grounds specified in this section, provided that he or she did not continue with the arbitration with notice of the facts or defects on which his or her objection is based, because of a failure to comply with § 28-9-8 or with § 28-9-10, or because of the improper manner of the selection of the arbitrators.
(2)
A party who has not participated in any of the proceedings before the arbitrator or arbitrators and who has not made or been served with an application to compel arbitration under § 28-9-5 may also put in issue the making of the contract or submission or the failure to comply with it, either by a motion for a stay of the arbitration or in opposition to the confirmation of the award. If a notice has been personally served on the party of an intention to conduct the arbitration pursuant to the provisions of a contract or submission specified in the notice, the issues specified in this subdivision may be raised only by a motion for a stay of the arbitration, notice of which motion must be served within ten (10) days after the service of the notice of intention to arbitrate. The notice must state in substance that unless within ten (10) days after its service the party served shall serve a notice of motion to stay the arbitration, he or she shall subsequently be barred from putting in issue the making of the contract or submission or the failure to comply with it. The arbitration hearing shall be adjourned upon service of the notice pending the determination of the motion. Where the opposing party, either on a motion for a stay or in opposition to the confirmation of an award, sets forth evidentiary facts raising a substantial issue as to the making of the contract or submission or the failure to comply with it, an immediate trial of the issue shall be had. In the event that the opposing party is unsuccessful, he or she may, nevertheless, participate in the arbitration if the arbitration is still being carried on. Any party may, on or before the return day of the notice of application, demand a jury trial of the issue.
History of Section.
P.L. 1955, ch. 3517, § 11; G.L. 1956, § 28-9-13.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-14. - Arbitration as special proceeding — Jurisdiction of superior court.

§ 28-9-14. Arbitration as special proceeding — Jurisdiction of superior court.
Arbitration of a controversy under a contract or submission described in this chapter shall be deemed a special proceeding, of which the superior court for the county in which one of the parties resides or is doing business, or in which the arbitration was held, shall have jurisdiction.
History of Section.
P.L. 1955, ch. 3517, § 12; G.L. 1956, § 28-9-14.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-15. - Application treated as motion.

§ 28-9-15. Application treated as motion.
Any application to the court or a judge of the court under this chapter shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise expressly provided in this chapter.
History of Section.
P.L. 1955, ch. 3517, § 12; G.L. 1956, § 28-9-15.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-16. - Prerequisites to enforceability of award.

§ 28-9-16. Prerequisites to enforceability of award.
To entitle the award to be enforced, as prescribed in this chapter, it must be in writing; within the time limited in the submission or contract, if any; subscribed by the arbitrator or arbitrators making it; and either filed in the office of the clerk of the court having jurisdiction as provided in § 28-9-14 or delivered to one of the parties or his or her attorney.
History of Section.
P.L. 1955, ch. 3517, § 13; G.L. 1956, § 28-9-16.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-17. - Order confirming award.

§ 28-9-17. Order confirming award.
At any time within one year after the award is made as prescribed in § 28-9-16, any party to the controversy that was arbitrated may apply to the court having jurisdiction as provided in § 28-9-14 for an order confirming the award. Upon that application, the court must grant the order unless the award is vacated, modified, or corrected as prescribed in §§ 28-9-18 and 28-9-19, or unless the award is unenforceable under the provisions of § 28-9-13. Notice of the motion must be served upon the adverse party or his or her attorneys, as prescribed by law for service of notice of a motion upon an attorney in an action in the same court.
History of Section.
P.L. 1955, ch. 3517, § 14; G.L. 1956, § 28-9-17.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-18. - Grounds for vacating award.

§ 28-9-18. Grounds for vacating award.
(a)
In any of the following cases the court must make an order vacating the award, upon the application of any party to the controversy that was arbitrated:
(1)
When the award was procured by fraud.
(2)
Where the arbitrator or arbitrators exceeded their powers, or so imperfectly executed them, that a mutual, final, and definite award upon the subject matter submitted was not made.
(3)
If there was no valid submission or contract, and the objection has been raised under the conditions set forth in § 28-9-13.
(b)
A motion to vacate, modify, or correct an arbitrator’s award shall not be entertained by the court unless the award is first implemented by the party seeking its vacation, modification, or correction; provided, the court, upon sufficient cause shown, may order the stay of the award or any part of it upon circumstances and conditions that it may prescribe.
(c)
If the motion to vacate, modify, or correct an arbitrator’s award is denied, the moving party shall pay the costs and reasonable attorneys’ fees of the prevailing party.
History of Section.
P.L. 1955, ch. 3517, § 15; G.L. 1956, § 28-9-18; P.L. 1979, ch. 126, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-19. - Rehearing after vacation of award.

§ 28-9-19. Rehearing after vacation of award.
Where an award is vacated, the court, in its discretion, may direct a rehearing either before the same arbitrator or arbitrators or before a new arbitrator or arbitrators to be chosen in the manner provided in the submission or contract for the selection of the original arbitrator or arbitrators or as provided for in § 28-9-7. Any provision limiting the time in which the arbitrator or arbitrators may make a decision shall be deemed applicable to the new arbitration and shall commence from the date of the court’s order.
History of Section.
P.L. 1955, ch. 3517, § 16; G.L. 1956, § 28-9-19.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-20. - Modification or correction of award.

§ 28-9-20. Modification or correction of award.
In any of the following cases, the court must make an order modifying or correcting the award upon the application of any party to the arbitrated controversy:
(1)
Where there was an evident miscalculation of figures or an evident mistake in the description of any persons, thing, or property referred to in the award;
(2)
Where the arbitrator or arbitrators have awarded upon a matter not submitted to them not affecting the merits of the decision upon the matters submitted; or
(3)
Where the award is imperfect in a matter of form not affecting the merits of the controversy, and, if it had been a master’s report, the defect could have been amended or disregarded by the court.
History of Section.
P.L. 1955, ch. 3517, § 17; G.L. 1956, § 28-9-20.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-21. - Time for motion to vacate, correct, or modify award — Stay of enforcement.

§ 28-9-21. Time for motion to vacate, correct, or modify award — Stay of enforcement.
Notice of a motion to vacate, modify, or correct an award must be served upon the adverse party, or his or her attorney, within three (3) months after the award is filed or delivered, as prescribed by law for service of notice of a motion upon an attorney in an action; except that in opposition to a motion to confirm an award, any of the grounds specified in § 28-9-18 may be set up. For the purpose of the motion, any judge who might make an order to stay the proceedings in an action brought in the same court may make an order, to be served with the notice of motion, staying the proceedings of the adverse party to enforce the award.
History of Section.
P.L. 1955, ch. 3517, § 18; G.L. 1956, § 28-9-21.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-22. - Judgment on confirmation, modification, or correction of award — Costs.

§ 28-9-22. Judgment on confirmation, modification, or correction of award — Costs.
Upon the granting of an order confirming, modifying, or correcting an award, judgment may be entered in conformity with the order, except as is otherwise prescribed in this chapter. Costs of the application and of the subsequent proceedings, not exceeding twenty-five dollars ($25.00) and disbursements, may be awarded by the court in its discretion. If awarded, the amount must be included in the judgment.
History of Section.
P.L. 1955, ch. 3517, § 19; G.L. 1956, § 28-9-22.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-23. - Papers filed after judgment — Docketing.

§ 28-9-23. Papers filed after judgment — Docketing.
(a)
Immediately after entering judgment, the clerk must attach together and file the following papers:
(1)
The submission or contract, and each written extension of the time, if any, within which to make the award;
(2)
The award;
(3)
Each notice, affidavit, or other paper used upon an application to confirm, modify, or correct the award, and a copy of each order of the court upon an application; and
(4)
A copy of the judgment.
(b)
The judgment may be docketed as if it was rendered in an action.
History of Section.
P.L. 1955, ch. 3517, § 20; G.L. 1956, § 28-9-23.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-24. - Force and effect of judgment.

§ 28-9-24. Force and effect of judgment.
The judgment so entered has the same force and effect in all respects as, and is subject to all the provisions of law relating to a judgment in an action; and it may be enforced as if it had been rendered in an action in the court in which it is entered.
History of Section.
P.L. 1955, ch. 3517, § 21; G.L. 1956, § 28-9-24.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-25. - Appeals.

§ 28-9-25. Appeals.
An appeal may be taken from an order made in a proceeding under this chapter, or from a judgment entered upon an award. The proceedings upon an appeal, including the judgment and the enforcement of the judgment, are governed by the provisions of statute and rule regulating appeal in actions as far as they are applicable.
History of Section.
P.L. 1955, ch. 3517, § 22; G.L. 1956, § 28-9-25.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-26. - Death or disability of party to proceedings.

§ 28-9-26. Death or disability of party to proceedings.
Where a party dies after making a submission or contract as prescribed in this chapter or otherwise, the proceedings may be begun or continued upon the application of, or upon notice to, his or her executor or administrator, or a temporary administrator of his or her estate, or, where it relates to real property, his or her distributee or devisee who has succeeded to his or her interest in the real property. Where a committee of the property or of the person of a party to a submission or contract is appointed, the proceedings may be continued upon the application of, or notice to, a committee of the property, but not otherwise. In cases specified in this section, a judge of the court may make an order extending the time within which notice of a motion to confirm, vacate, modify, or correct the award must be served. Upon confirming an award, where a party has died since it was filed or delivered, the court must enter judgment in the name of the original party, and the proceedings are the same as where a party dies after a verdict.
History of Section.
P.L. 1955, ch. 3517, § 23; G.L. 1956, § 28-9-26.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9 - Arbitration of Labor Controversies › Section 28-9-27. - Use of past practices in arbitration hearings.

§ 28-9-27. Use of past practices in arbitration hearings.
(a)
An arbitrator shall have the authority to consider the existence of a past practice that may exist between the parties to a collective bargaining agreement only under the following circumstances:
(1)
The collective bargaining agreement does not contain an express provision that is the subject of the grievance; or
(2)
The collective bargaining agreement contains a provision that is unclear and ambiguous; or
(3)
The collective bargaining agreement contains a provision which has been mutually agreed upon by the parties that preserves existing past practices for the duration of the collective bargaining agreement.
(b)
A party claiming the existence of a past practice shall be required to prove by clear and convincing evidence that the practice:
(1)
Is unequivocal;
(2)
Has been clearly enunciated and acted upon;
(3)
Is readily ascertainable;
(4)
Has been in existence for a substantial period of time; and
(5)
Has been accepted by representatives of the parties who possess the actual authority to accept the practice.
(c)
A past practice that may exist between the parties to a collective bargaining agreement may not override any contrary provision of an existing collective bargaining agreement, statute, or ordinance.
(d)
A past practice that may exist between the parties to a collective bargaining agreement may not override any contrary provision of any written rule, regulation, or policy that has been promulgated, adopted, and published pursuant to either the administrative procedures act, chapter 35 of title 42, or promulgated and published by the appropriate governing entity in a city or town.
(e)
Any party to a collective bargaining agreement may provide written notice to the other party that it no longer intends to be bound by a past practice unless the collective bargaining agreement contains a provision that has been mutually agreed upon by the parties that preserves existing past practices for the duration of the collective bargaining agreement. This notification must describe the past practice and set forth the effective date of the termination of the practice. Neither party is obligated to follow the practice thirty (30) days following this notification.
History of Section.
P.L. 2000, ch. 412, § 1; P.L. 2007, ch. 517, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9.1 - Firefighters’ Arbitration › Section 28-9.1-1. - Short title.

§ 28-9.1-1. Short title.
This chapter may be cited as the “Firefighters Arbitration Act.”
History of Section.
P.L. 1961, ch. 149, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9.1 - Firefighters’ Arbitration › Section 28-9.1-2. - Statement of policy.

§ 28-9.1-2. Statement of policy.
(a)
The protection of the public health, safety, and welfare demands that the permanent uniformed members, rescue service personnel of any city or town, emergency medical services personnel of any city or town, and all employees of any paid fire department in any city or town not be accorded the right to strike or engage in any work stoppage or slowdown. This necessary prohibition does not, however, require the denial to these municipal employees of other well recognized rights of labor such as the right to organize, to be represented by a labor organization of their choice, and the right to bargain collectively concerning wages, rates of pay, and other terms and conditions of employment.
(b)
It is declared to be the public policy of this state to accord to the permanent uniformed members, rescue service personnel of any city or town, emergency medical services personnel of any city or town, and all employees of any paid fire department in any city or town all of the rights of labor other than the right to strike or engage in any work stoppage or slowdown. To provide for the exercise of these rights, a method of arbitration of disputes is established.
(c)
The establishment of this method of arbitration shall not, in any way be deemed to be a recognition by the state of compulsory arbitration as a superior method of settling labor disputes between employees who possess the right to strike and their employers, but rather is solely a recognition of the necessity to provide some alternative mode of settling disputes where employees must, as a matter of public policy, be denied the usual right to strike.
History of Section.
P.L. 1961, ch. 149, § 1; P.L. 1976, ch. 74, § 1; P.L. 1986, ch. 69, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9.1 - Firefighters’ Arbitration › Section 28-9.1-3. - Definitions.

§ 28-9.1-3. Definitions.
As used in this chapter the following terms, unless the context requires a different interpretation, have the following meanings:
(1)
“Corporate authorities” means the proper officials within any city or town whose duty or duties it is to establish the wages, salaries, rates of pay, hours, working conditions, and other terms and conditions of employment of firefighters, whether they are the mayor, city manager, town manager, town administrator, city council, town council, director of personnel, personnel board or commission, or by whatever other name or combination of names they may be designated.
(2)
“Firefighter” means the permanent uniformed members, rescue service personnel of any city or town, emergency medical services personnel of any city or town, any fire dispatchers of any city or town, and all employees with the exception of fire chiefs of any paid fire department in any city or town within the state. No assistant chief, deputy chief, battalion chief, captain, or lieutenant shall be excluded from the collective bargaining solely by virtue of his or her title or position.
(3)
“Unresolved issues” means any and all contractual provisions that have not been agreed upon by the bargaining agent and the corporate authorities within the thirty-day (30) period referred to in § 28-9.1-7. Any contractual provision not presented by either the bargaining agent or the corporate authority within the thirty-day (30) period shall not be submitted to arbitration as an unresolved issue; provided, that if either party or both parties are unable to present their respective proposals to the other party during the thirty-day (30) period, they shall have the opportunity to submit their proposals by registered mail by midnight of the 30th day from and including the date of their first meeting.
History of Section.
P.L. 1961, ch. 149, § 1; P.L. 1976, ch. 74, § 1; P.L. 1986, ch. 46, § 1; P.L. 1986, ch. 69, § 1; P.L. 1990, ch. 383, § 1; P.L. 2001, ch. 66, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9.1 - Firefighters’ Arbitration › Section 28-9.1-4. - Right to organize and bargain collectively.

§ 28-9.1-4. Right to organize and bargain collectively.
The firefighters in any city or town have the right to bargain collectively with their respective cities or towns and be represented by a labor organization in the collective bargaining as to wages, rates of pay, hours, working conditions, and all other terms and conditions of employment.
History of Section.
P.L. 1961, ch. 149, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9.1 - Firefighters’ Arbitration › Section 28-9.1-5. - Recognition of bargaining agent.

§ 28-9.1-5. Recognition of bargaining agent.
The labor organization selected by the majority of firefighters in any city or town shall be recognized by the city or town as the sole and exclusive bargaining agent for all of the members of the city or town fire department unless and until recognition of the labor organization is withdrawn by vote of a majority of the firefighters. The labor organization or city or town may designate any person or persons to negotiate or bargain on its behalf; provided, that the person or persons so designated shall be given authority to enter into and conclude an effective and binding collective bargaining agreement.
History of Section.
P.L. 1961, ch. 149, § 1; P.L. 1970, ch. 75, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9.1 - Firefighters’ Arbitration › Section 28-9.1-5.1. - Change of bargaining agent.

§ 28-9.1-5.1. Change of bargaining agent.
In the event a majority of the firefighters in any city or town select a successor and/or a new labor organization as the sole and exclusive bargaining agent for all the members of the city or town fire department, the collective bargaining agreement, entered into and in effect pursuant to the provisions of this chapter, shall be binding on both the successor and/or new bargaining agent and the corporate authority.
History of Section.
P.L. 1989, ch. 64 § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9.1 - Firefighters’ Arbitration › Section 28-9.1-6. - Obligation to bargain.

§ 28-9.1-6. Obligation to bargain.
It shall be the obligation of the city or town, acting through its corporate authorities, to meet and confer in good faith with the representative or representatives of the bargaining agent within ten (10) days after receipt of written notice from the bargaining agent of the request for a meeting for collective bargaining purposes. This obligation shall include the duty to cause any agreement resulting from the negotiations to be reduced to a written contract, provided that no contract shall exceed the term of one year, unless a longer period is agreed upon in writing by the corporate authorities and the bargaining agents, but in no event shall the contract exceed the term of three (3) years unless a budget commission or a receiver has been appointed for a municipality or fire district pursuant to chapter 9 of title 45, or if a municipality has a locally administered pension plan in “critical status” and is required to submit a funding improvement plan pursuant to § 45-65-6(2). In either case, the contract shall not exceed the term of five (5) years. An unfair labor practice charge may be complained of by either the employer’s representative or the bargaining agent to the state labor relations board which shall deal with the complaint in the manner provided in chapter 7 of this title.
History of Section.
P.L. 1961, ch. 149, § 1; P.L. 1970, ch. 67, § 1; P.L. 1993, ch. 241, § 3; P.L. 2012, ch. 241, art. 22, § 2; P.L. 2014, ch. 10, § 1; P.L. 2014, ch. 13, § 1; P.L. 2014, ch. 31, § 6; P.L. 2014, ch. 33, § 6; P.L. 2016, ch. 512, art. 1, § 12.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9.1 - Firefighters’ Arbitration › Section 28-9.1-7. - Unresolved issues submitted to arbitration.

§ 28-9.1-7. Unresolved issues submitted to arbitration.
In the event that the bargaining agent and the corporate authorities are unable, within thirty (30) days from and including the date of their first meeting, to reach an agreement on a contract, any and all unresolved issues shall be submitted to arbitration. The parties may agree in writing to extend the thirty-day (30) period.
History of Section.
P.L. 1961, ch. 149, § 1; P.L. 2016, ch. 300, § 1; P.L. 2016, ch. 315, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9.1 - Firefighters’ Arbitration › Section 28-9.1-8. - Arbitration board — Composition.

§ 28-9.1-8. Arbitration board — Composition.
Within five (5) days from the expiration of the thirty-day (30) period referred to in § 28-9.1-7, the bargaining agent and the corporate authorities shall each select and name one arbitrator and subsequently shall immediately notify each other in writing of the name and address of the person selected. The two (2) arbitrators so selected and named shall, within ten (10) days from and after the expiration of the five-day (5) period mentioned in this section agree upon and select and name a third arbitrator. If, on the expiration of the period allowed, the arbitrators are unable to agree upon the selection of a third arbitrator, the third arbitrator shall be selected in accordance with the rules and procedures of the American Arbitration Association. The third arbitrator, whether selected as a result of agreement between the two (2) arbitrators previously selected or selected by the American Arbitration Association, shall act as chair of the arbitration board.
History of Section.
P.L. 1961, ch. 149, § 1; P.L. 1968, ch. 150, § 1; P.L. 1985, ch. 175, § 1; P.L. 1994, ch. 193, § 1; P.L. 1994, ch. 229, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9.1 - Firefighters’ Arbitration › Section 28-9.1-9. - Hearings.

§ 28-9.1-9. Hearings.
(a)
The arbitration board shall, acting through its chairperson, call a hearing to be held within ten (10) days after the date of the appointment of the chairperson, and shall, acting through its chairperson, give at least seven (7) days’ notice in writing to each of the other two (2) arbitrators, the bargaining agent, and the corporate authorities of the time and place of the hearing. The hearing shall be informal, and the rules of evidence prevailing in judicial proceedings shall not be binding. Any documentary evidence and other data deemed relevant by the arbitrators may be received in evidence.
(b)
The arbitrators shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses, and the production of books, records, and other evidence relative or pertinent to the issues presented to them for determination.
(c)
The hearing conducted by the arbitrators shall be concluded within twenty (20) days of the time of commencement, and within ten (10) days after the conclusion of the hearings, the arbitrators shall make written findings and a written opinion upon the issues presented, a copy of which shall be mailed or otherwise delivered to the bargaining agent or its attorney or otherwise designated representative and the corporate authorities.
(d)
A majority decision of the arbitrators shall be binding upon both the bargaining agent and the corporate authorities.
History of Section.
P.L. 1961, ch. 149, § 1; P.L. 1966, ch. 158, § 1; P.L. 1968, ch. 150, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9.1 - Firefighters’ Arbitration › Section 28-9.1-10. - Factors to be considered by arbitration board.

§ 28-9.1-10. Factors to be considered by arbitration board.
The arbitrators shall conduct the hearings and render their decision upon the basis of a prompt, peaceful, and just settlement of wage or hour disputes between the firefighters and the city or town by which they are employed. The factors, among others, to be given weight by the arbitrators in arriving at a decision shall include:
(1)
Comparison of wage rates or hourly conditions of employment of the fire department in question with prevailing wage rates or hourly conditions of employment of skilled employees of the building trades and industry in the local operating area involved;
(2)
Comparison of wage rates or hourly conditions of employment of the fire department in question with wage rates or hourly conditions of employment maintained for the same or similar work of employees exhibiting like or similar skills under the same or similar working conditions in the local operating area involved;
(3)
Comparison of wage rates or hourly conditions of employment of the fire department in question with wage rates or hourly conditions of employment of fire departments in cities or towns of comparable size;
(4)
Interest and welfare of the public;
(5)
Comparison of peculiarities of employment in regard to other trades or professions, specifically:
(i)
Hazards of employment;
(ii)
Physical qualifications;
(iii)
Educational qualifications;
(iv)
Mental qualifications;
(v)
Job training and skills; and
(6)
Comparison of community’s ability to pay.
History of Section.
P.L. 1961, ch. 149, § 1; P.L. 1985, ch. 182, § 10.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9.1 - Firefighters’ Arbitration › Section 28-9.1-11. - Fees and expenses of arbitration.

§ 28-9.1-11. Fees and expenses of arbitration.
Fees and necessary expenses of arbitration shall be borne equally by the bargaining agent and the corporate authorities. Notwithstanding any other remedies that a court appointed arbitrator appointed by the chief justice pursuant to § 28-9.1-8 may have, an arbitrator or a party who has paid its share of the fees and necessary expenses of a court appointed arbitrator may petition the superior court for sanctions against the party failing to make timely payment of its share of the arbitrator’s fees and expenses, and the superior court is authorized to enforce sanctions against the nonpaying party, including, but not limited to, contempt powers pursuant to § 8-6-1.
History of Section.
P.L. 1961, ch. 149, § 1; P.L. 1991, ch. 246, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9.1 - Firefighters’ Arbitration › Section 28-9.1-12. - Collective bargaining contract.

§ 28-9.1-12. Collective bargaining contract.
Any agreements actually negotiated between the bargaining agent and the corporate authorities either before or within thirty (30) days after arbitration shall constitute the collective bargaining contract governing firefighters and the city or town for the period stated in the agreement; provided, that the period shall not exceed one year. Any collective bargaining agreement negotiated under the terms and provisions of this chapter shall specifically provide that the firefighters who are subject to its terms have no right to engage in any work stoppage, slowdown, or strike, the consideration for the provision being the right to a resolution of disputed questions.
History of Section.
P.L. 1961, ch. 149, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9.1 - Firefighters’ Arbitration › Section 28-9.1-13. - Request for collective bargaining.

§ 28-9.1-13. Request for collective bargaining.
Whenever wages, rates of pay, or any other matter requiring appropriation of money by any city or town are included as a matter of collective bargaining conducted under the provisions of this chapter, it is the obligation of the bargaining agent to serve written notice of request for collective bargaining on the corporate authorities at least one hundred twenty (120) days before the last day on which money can be appropriated by the city or town to cover the contract period that is the subject of the collective bargaining procedure.
History of Section.
P.L. 1961, ch. 149, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9.1 - Firefighters’ Arbitration › Section 28-9.1-14. - Severability.

§ 28-9.1-14. Severability.
If any provision of this chapter, or its application to any person or circumstances, is held unconstitutional or otherwise invalid, the remaining provisions of this chapter and the application of the provisions to other persons or circumstances, other than those to which it is held invalid, shall not be affected by the invalidity.
History of Section.
P.L. 1961, ch. 149, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9.1 - Firefighters’ Arbitration › Section 28-9.1-15. - Writ of certiorari to the supreme court.

§ 28-9.1-15. Writ of certiorari to the supreme court.
The sole avenue of review of a decision of an arbitration panel issued pursuant to this chapter shall be by petition for writ of certiorari to the supreme court. In the event a decision of the arbitration panel is sought to be reviewed by writ of certiorari to the supreme court, the matter shall be given priority by the supreme court.
History of Section.
P.L. 1975, ch. 52, § 1; P.L. 1988, ch. 207, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-9.1 - Firefighters’ Arbitration › Section 28-9.1-16. - Attorneys’ fees — Costs — Interest.

§ 28-9.1-16. Attorneys’ fees — Costs — Interest.
In the event either the bargaining agent or the corporate authorities files a petition for writ of certiorari to the supreme court of the state of Rhode Island for a review or modification of a majority decision of the arbitrators, which by the provisions of § 28-9.1-9 is binding upon both the bargaining agent and the corporate authorities, the party against whom the decision of the supreme court is adverse, if the supreme court finds the appeal or petition to be frivolous, shall pay reasonable attorneys’ fees and costs to the successful party as determined by the supreme court, and the supreme court shall in its final decision or judgment award costs and reasonable attorneys’ fees. If the final decision affirms the award of money, the award, if retroactive, shall bear interest at the rate of eight percentum (8%) per annum from the effective retroactive date.
History of Section.
P.L. 1976, ch. 74, § 2; P.L. 1988, ch. 207, § 1.