§ 36-11-9. Binding arbitration — Procedure.
(a) All issues remaining in dispute after the procedures for voluntary resolution of issues provided in § 36-11-8 are exhausted shall be referred to final and binding arbitration and decision. An arbitrator shall be selected within fifteen (15) days from lists of certified arbitrators submitted by and in accordance with the rule of the American Arbitration Association, provided, however, that all names so submitted shall be of Rhode Island residents.
(b) The arbitrator shall call a hearing to be held within ten (10) days of his or her appointment and shall give at least seven (7) days written notice in writing to the bargaining agent and chief executive 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; provided, however, that a stenographic record of the proceedings shall be kept and transcribed. Any and all documentary evidence and other data deemed relevant by the arbitrator may be received in evidence. The arbitrator shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses, 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 arbitrator shall be concluded within twenty (20) days of the time of commencement, and, within ten (10) days after the conclusion of the hearings, the arbitrator 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 other designated representative and the chief executive. The decision of the arbitrator shall be binding upon both the bargaining agent and the chief executive as to all issues and matters other than an issue which involves wages and as to that issue, the decision shall be advisory in nature.
History of Section.P.L. 1972, ch. 277, § 3.
Structure Rhode Island General Laws
Title 36 - Public Officers and Employees
Chapter 36-11 - Organization of State Employees
Section 36-11-1. - Right to organize — Bargaining representatives.
Section 36-11-1.1. - Definitions.
Section 36-11-2. - Discrimination because of membership in employee organization prohibited.
Section 36-11-3. - Action on grievances.
Section 36-11-4. - Applicability.
Section 36-11-6. - Powers of representative organizations.
Section 36-11-7. - Obligation to bargain.
Section 36-11-7.1. - Unresolved issues submitted to mediation.
Section 36-11-8. - Unresolved issues — Conciliation or fact finding.
Section 36-11-9. - Binding arbitration — Procedure.
Section 36-11-10. - Factors to be considered by the arbitrator.
Section 36-11-11. - Fees and expenses of arbitrator.
Section 36-11-12. - Retirement system matters excluded from collective bargaining.