Bill Sponsors
Bennett, Corvese, Potter, DeSimone, Casimiro, Shanley, Noret, Dawson, Read, and Handy
Committee
House Municipal Government & Housing
Summary
Select
This bill modifies the laws governing labor negotiations between municipal employers (cities, towns, and school districts) and their employees. It expands the scope of bargaining to include all terms of employment. Most significantly, it makes the decisions of arbitrators final and binding on all issues, including those involving wages and the expenditure of money. Previously, monetary decisions were often not binding. Additionally, the bill mandates that if a collective bargaining agreement expires, the existing wage and benefit terms must continue until a new agreement is reached. It also establishes specific criteria arbitrators must use when making decisions.
Sponsor
Analysis
Pros for Progressives
- Empowers municipal workers by making arbitration binding on financial matters, ensuring they have a fair mechanism to secure wage increases even if a town administration is resistant.
- Protects workers from economic instability during prolonged negotiations by mandating that existing wages and benefits remain in effect until a successor agreement is reached ("evergreen clause").
- Requires arbitrators to consider comparable wages and working conditions in the area, which helps ensure public servants receive a living wage and helps close pay gaps.
Cons for Progressives
- Binding arbitration awards could force municipalities to divert funds from other critical social services, community programs, or safety nets to cover mandatory wage increases.
- The "evergreen" provision might disincentivize unions from negotiating for newer, more progressive workplace reforms if the status quo is comfortable, potentially stalling systemic improvements.
- May place a disproportionate financial strain on lower-income municipalities that have a smaller tax base, potentially leading to cuts in public services residents rely on.
Pros for Conservatives
- Maintains the strict prohibition on strikes by municipal employees, ensuring that government functions and services are not interrupted by labor disputes.
- Establishes clear, objective statutory factors that arbitrators must consider, such as comparable wages in similar towns, which may help prevent arbitrary or emotionally driven financial awards.
- Provides a definitive end to disputes through binding arbitration, potentially reducing the administrative time and chaos associated with endless contract negotiations.
Cons for Conservatives
- Strips elected local officials of their fiscal authority by allowing unelected arbitrators to mandate the expenditure of taxpayer money, violating the principle of local control.
- Likely leads to increased property taxes, as towns will be forced to fund binding arbitration awards regardless of their current budgetary constraints or the will of the voters.
- Entrenches union power by continuing expired contract terms indefinitely, removing the incentive for unions to compromise or accept necessary fiscal reforms during economic downturns.
Constitutional Concerns
There is a moderate constitutional risk regarding the "Non-Delegation Doctrine." By allowing an unelected arbitrator to make binding decisions involving the expenditure of public funds, the bill arguably transfers legislative taxation and spending power away from the elected town council or school committee. While Rhode Island courts have upheld similar binding arbitration for police and fire, expanding this to all municipal employees could be challenged as an unconstitutional delegation of legislative power.
Impact Overview
Groups Affected
- Municipal employees
- Municipal employers (Cities and Towns)
- Labor unions
- Taxpayers
- School districts
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/14/2026 Introduced, referred to House Labor
Bill Text
SECTION 1. Sections 28-9.4-1, 28-9.4-3, 28-9.4-4, 28-9.4-12 and 28-9.4-13 of the General Laws in Chapter 28-9.4 entitled "Municipal Employees’ Arbitration" are hereby amended to read as follows:
28-9.4-1. Declaration of policy — Purpose.
(a) It is declared to be the public policy of this state to accord to municipal employees the right to organize, to be represented, to negotiate, and to bargain on a collective basis with municipal employers,covering over hours, salary, working conditions wages, rates of pay and all other terms of employment; provided, that nothing contained in this chapter shall be construed to accord to municipal employees the right to strike.
(b) To provide for the exercise of these rights, a method of arbitration of disputes is hereby established. The establishment of this method of arbitration shall be deemed to be a recognition solely 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.
28-9.4-3. Right to organize and bargain collectively.
(a) The municipal employees of any municipal employer in any city, town, or regional school district shall have the right to negotiate and to bargain collectively with their respective municipal employers and to be represented by an employee organization in the negotiation or collective bargaining concerning hours,salary, working conditions wages, rates of pay, and all other terms and conditions of employment.
(b) Notwithstanding the provisions of subsection (a), for those municipal employees who are employed by school districts, collective bargaining agreements shall not provide for benefits for health care (“benefit plans”) for school district employees unless such benefit plans are authorized in accordance with chapter 73 of title 27. School district employees whose collective bargaining agreements expire on or after September 30, 2011, may, upon expiration of such collective bargaining agreements, receive benefit plans including, but not limited to, those recommended in accordance with chapter 73 of title 27.
28-9.4-4. Recognition of bargaining agent.
The employee organization selected by the municipal employees in an appropriate bargaining unit, as determined by the state labor relations board, shall be recognized by the municipal employer or the city, town, or district as the sole and exclusive negotiating or bargaining agent for all of the municipal employees in the appropriate bargaining unit in the city, town, or school district unless and until recognition of the employee organization is withdrawn or changed by vote of the municipal employees in the appropriate bargaining unit after a duly conducted election held pursuant to the provisions of this chapter. An employee organization or the municipal employer may designate any person or persons to negotiate or bargain in its behalf; provided, however, that the person or persons so designated shall be given the authority to enter into and conclude an effective and binding collective bargaining agreement.
28-9.4-12. Hearings.
(a) The arbitrators shall call a hearing to be held within ten (10) days after their appointment and shall give at least seven (7) days’ notice, in writing, to the negotiating or bargaining agent and the municipal employer of the time and place of the hearing.
(b) The hearing shall be informal, and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and other data deemed relevant by the arbitrators may be received in evidence.
(c) 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.
(d) Both the negotiating or bargaining agent and the municipal employer shall have the right to be represented at any hearing before the arbitrators by counsel of their own choosing.
(e) 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 LC003176 - Page 2 of 5 which shall be mailed or otherwise delivered to the negotiating or bargaining agent or its attorney or other designated representative and the municipal employer. A majority decision of the arbitrators shall be final and binding upon both the bargaining agent and the municipal employer.
28-9.4-13. Appeal from decision.
(a) While the parties are engaged in negotiations and/or utilizing the dispute resolution process as required in § 28-9.4-10, all terms and conditions in the collective bargaining agreement shall remain in effect. The decision of the arbitrators shall be made public and shall be binding upon the municipal employees in the appropriate bargaining unit and their representative and the municipal employer on all mattersnot involving the expenditure of money. Should either party reject the nonbinding matters in the decision of the arbitrators, the binding matters shall be implemented. Following the conclusion of the dispute resolution process as required in § 28-9.4- 10, should the parties still be unable to reach agreement, all contractual provisions related to wages and benefits contained in the collective bargaining agreement, except for any contractual provisions that limit layoffs, shall continue as agreed to in the expired collective bargaining agreement until such time as a successor agreement has been reached between the parties.
(b) The decision of the arbitrators shall be final and cannot be appealed except on the ground that the decision was procured by fraud or that it violates the law, in which case appeals shall be to the superior court.
(c) The municipal employer shall within three (3) days after it receives the decision send a true copy of the decision by certified or registered mail postage prepaid to the department or agency of the municipal employer responsible for the preparation of the budget and to the agency of the municipal employer that appropriates money for the operation of the particular municipal function or service in the city, town, or regional school district involved, if the decision involves the expenditure of money.
SECTION 2. Chapter 28-9.4 of the General Laws entitled "Municipal Employees’ Arbitration" is hereby amended by adding thereto the following section:
28-9.4-12.1. 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 wages, rates of pay, hours or terms and conditions of employment disputes, between the municipal employees and their municipal employer. 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 a municipal employer in question, with prevailing wage rates or hourly conditions of employment for the same or similar work of employees exhibiting like or similar skills, under the same or similar working conditions LC003176 - Page 3 of 5 in the local operating area involved;
(2) Comparison of wage rates or hourly conditions of employment of the municipal employer 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 municipal employer in question with wage rates or hourly conditions of employment of municipal employers in cities or towns of comparable size;
(4) Interest and welfare of the public; and
(5) Comparison of peculiarities of employment with other trades or professions, specifically:
(i) Hazards of employment;
(ii) Physical qualifications;
(iii) Educational qualifications;
(iv) Mental qualifications; and
(v) Job training and skills.
SECTION 3. This act shall take effect upon passage.
28-9.4-1. Declaration of policy — Purpose.
(a) It is declared to be the public policy of this state to accord to municipal employees the right to organize, to be represented, to negotiate, and to bargain on a collective basis with municipal employers,
(b) To provide for the exercise of these rights, a method of arbitration of disputes is hereby established. The establishment of this method of arbitration shall be deemed to be a recognition solely 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.
28-9.4-3. Right to organize and bargain collectively.
(a) The municipal employees of any municipal employer in any city, town, or regional school district shall have the right to negotiate and to bargain collectively with their respective municipal employers and to be represented by an employee organization in the negotiation or collective bargaining concerning hours,
(b) Notwithstanding the provisions of subsection (a), for those municipal employees who are employed by school districts, collective bargaining agreements shall not provide for benefits for health care (“benefit plans”) for school district employees unless such benefit plans are authorized in accordance with chapter 73 of title 27. School district employees whose collective bargaining agreements expire on or after September 30, 2011, may, upon expiration of such collective bargaining agreements, receive benefit plans including, but not limited to, those recommended in accordance with chapter 73 of title 27.
28-9.4-4. Recognition of bargaining agent.
The employee organization selected by the municipal employees in an appropriate bargaining unit, as determined by the state labor relations board, shall be recognized by the municipal employer or the city, town, or district as the sole and exclusive negotiating or bargaining agent for all of the municipal employees in the appropriate bargaining unit in the city, town, or school district unless and until recognition of the employee organization is withdrawn or changed by vote of the municipal employees in the appropriate bargaining unit after a duly conducted election held pursuant to the provisions of this chapter. An employee organization or the municipal employer may designate any person or persons to negotiate or bargain in its behalf; provided, however, that the person or persons so designated shall be given the authority to enter into and conclude an effective and binding collective bargaining agreement.
28-9.4-12. Hearings.
(a) The arbitrators shall call a hearing to be held within ten (10) days after their appointment and shall give at least seven (7) days’ notice, in writing, to the negotiating or bargaining agent and the municipal employer of the time and place of the hearing.
(b) The hearing shall be informal, and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and other data deemed relevant by the arbitrators may be received in evidence.
(c) 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.
(d) Both the negotiating or bargaining agent and the municipal employer shall have the right to be represented at any hearing before the arbitrators by counsel of their own choosing.
(e) 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 LC003176 - Page 2 of 5 which shall be mailed or otherwise delivered to the negotiating or bargaining agent or its attorney or other designated representative and the municipal employer. A majority decision of the arbitrators shall be final and binding upon both the bargaining agent and the municipal employer.
28-9.4-13. Appeal from decision.
(a) While the parties are engaged in negotiations and/or utilizing the dispute resolution process as required in § 28-9.4-10, all terms and conditions in the collective bargaining agreement shall remain in effect. The decision of the arbitrators shall be made public and shall be binding upon the municipal employees in the appropriate bargaining unit and their representative and the municipal employer on all matters
(b) The decision of the arbitrators shall be final and cannot be appealed except on the ground that the decision was procured by fraud or that it violates the law, in which case appeals shall be to the superior court.
(c) The municipal employer shall within three (3) days after it receives the decision send a true copy of the decision by certified or registered mail postage prepaid to the department or agency of the municipal employer responsible for the preparation of the budget and to the agency of the municipal employer that appropriates money for the operation of the particular municipal function or service in the city, town, or regional school district involved, if the decision involves the expenditure of money.
SECTION 2. Chapter 28-9.4 of the General Laws entitled "Municipal Employees’ Arbitration" is hereby amended by adding thereto the following section:
28-9.4-12.1. 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 wages, rates of pay, hours or terms and conditions of employment disputes, between the municipal employees and their municipal employer. 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 a municipal employer in question, with prevailing wage rates or hourly conditions of employment for the same or similar work of employees exhibiting like or similar skills, under the same or similar working conditions LC003176 - Page 3 of 5 in the local operating area involved;
(2) Comparison of wage rates or hourly conditions of employment of the municipal employer 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 municipal employer in question with wage rates or hourly conditions of employment of municipal employers in cities or towns of comparable size;
(4) Interest and welfare of the public; and
(5) Comparison of peculiarities of employment with other trades or professions, specifically:
(i) Hazards of employment;
(ii) Physical qualifications;
(iii) Educational qualifications;
(iv) Mental qualifications; and
(v) Job training and skills.
SECTION 3. This act shall take effect upon passage.