§ 28-7-19.1. Mergers and consolidations of companies.
(a) No business combination transaction shall result in the termination or impairment of the provisions of any labor contract covering persons engaged in employment in the state negotiated by a labor organization or by a collective bargaining agent or other representative. Notwithstanding a business combination transaction, the labor contract shall continue in effect until its termination date or until otherwise agreed by the parties to the contract or their legal successors.
(b) As used in this section, the following words, unless the context clearly required otherwise, have the following meanings:
(1) “Business combination transaction” means any merger or consolidation, any sale, lease, exchange, or other disposition, in one transaction or a series of transactions, whether of all or substantially all the property and assets, including its good will, of the business operations that are the subject of the labor contract referred to in subsection (a) of this section or any transfer of a controlling interest in the business operations;
(2)(i) “Employment” means an individual’s entire service, if the service is localized in the state. Service is deemed to be localized in the state if:
(A) The service is performed entirely within the state; or
(B) The service is performed both within and without the state but the service performed without the state is incidental to the individual’s service within the state;
(ii)(A) Employment shall include an individual’s service, performed within and without the state, if the service is not localized in any state, but some of the service is performed in the state; and
(B) The individual’s base of operation is in the state; or
(C) If there is no base operations, then the place for which the service is directed or controlled is in the state; or
(D) The individual’s base of operations or place from which the service is directed or controlled is not in any state in which some part of the service is performed, but the individual’s residence is in the state.
(c) In the event that any employee is denied or fails to receive wage, benefits, or wage supplements as a result of a violation of this section, the employee shall have available civil and other remedies available at law or equity. The department of labor and training may take any and all appropriate actions to enforce the provisions of this section, including, but not limited to, injunctions, cease and desist orders, and other penalties provided by law.
(d) Recovery pursuant to a violation of this section shall be applicable to secure recovery against the merged, consolidated, or resulting corporation or other successor employer, notwithstanding anything contained in this section or elsewhere to the contrary.
(e) This section is enacted in order to protect the employment interests of all persons engaged in employment in the state under existing labor contracts and shall be liberally construed in every case in order to achieve that purpose.
History of Section.P.L. 1990, ch. 138, § 2.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-7 - Labor Relations Act
Section 28-7-1. - Short title.
Section 28-7-2. - Policy of chapter.
Section 28-7-3. - Definitions.
Section 28-7-5. - Quorum of board — Seal.
Section 28-7-6. - Annual report of board — Opinions.
Section 28-7-7. - Compensation and expenses of members — Provision of assistance.
Section 28-7-8. - Place of board meetings — Conduct of proceedings by members or agents.
Section 28-7-9. - Rules and regulations.
Section 28-7-10. - Mediation in labor disputes by board.
Section 28-7-11. - Board’s independence from department of labor and training.
Section 28-7-12. - Rights of employees.
Section 28-7-13. - Unfair labor practices.
Section 28-7-13.1. - Unfair labor practices — Public sector employee organizations.
Section 28-7-14. - Exclusive representation of employees.
Section 28-7-15. - Determination of bargaining unit.
Section 28-7-16. - Controversies as to representation.
Section 28-7-17. - Eligibility to participate in elections — Place and supervision of elections.
Section 28-7-18. - Runoff elections — Term of certification as bargaining representative.
Section 28-7-19. - Unions listed on ballot — Company unions.
Section 28-7-19.1. - Mergers and consolidations of companies.
Section 28-7-19.2. - Standards of corporate behavior.
Section 28-7-20. - Power of board to prevent unfair practices.
Section 28-7-21. - Complaints of unfair practices — Parties to proceedings — Rules of evidence.
Section 28-7-22. - Testimony at hearing — Decision and orders.
Section 28-7-23. - Modification of findings and orders.
Section 28-7-24. - Discontinuance of strike or other activity as condition of board action.
Section 28-7-25. - Expedition of proceedings.
Section 28-7-26. - Judicial enforcement of orders.
Section 28-7-27. - Proceedings in judicial hearing.
Section 28-7-28. - Jurisdiction of court — Appeal to supreme court.
Section 28-7-29. - Appeal from decision of board.
Section 28-7-30. - Board’s order not stayed by judicial proceedings.
Section 28-7-31. - Court not limited by equity jurisdiction.
Section 28-7-32. - Expedition of judicial proceedings.
Section 28-7-33. - Access of board to evidence — Subpoena power — Oaths and affirmations.
Section 28-7-34. - Taking of depositions.
Section 28-7-35. - Judicial enforcement of subpoena.
Section 28-7-36. - Privilege against self-incrimination.
Section 28-7-37. - Service of process of board — Witness fees.
Section 28-7-38. - Service of judicial process.
Section 28-7-39. - Furnishing of public records.
Section 28-7-40. - Penalty for violations.
Section 28-7-41. - Records of proceedings.
Section 28-7-42. - Budget estimates — Expenditures.
Section 28-7-43. - Appropriations and disbursements.
Section 28-7-44. - Chapter controlling.
Section 28-7-45. - Employees exempt from chapter.
Section 28-7-46. - Right to strike and concerted activities preserved.
Section 28-7-47. - Severability.
Section 28-7-48. - Prohibition against economic benefit to an unfair employer.
Section 28-7-49. - No limitation on healthcare benefit providers.