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§36-11-9  Binding arbitration – Procedure. –

Published: 2015

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Public Officers and Employees


Organization of State Employees

SECTION 36-11-9

   § 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.)