TITLE 36
Public Officers and Employees
CHAPTER 36-11
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.)
