Rhode Island General Laws 28-7-45. Employees exempt from chapter
(a) The provisions of this chapter shall not apply: (1) To the employees of any employer who concedes to and agrees with the board that the employees are subject to and protected by the provisions of the Labor Management Relations Act, 1947, 29 U.S.C. § 141 et seq., or the Railway Labor Act, 45 U.S.C. § 151 et seq.; (2) Except as provided in Chapter 11 of title 36 as to employees of the state; (3) Except as provided in chapter 9.4 of this title as to employees of any political or civil subdivision or other agency thereof; (4) Except “firefighters” as defined in chapter 9.1 of this title and “police officers” as defined in chapter 9.2 of this title; or (5) Except “school teachers” as defined in chapter 9.3 of this title; provided, that in the case of firefighters, police officers, and healthcare provider employees, including those of hospitals, nursing homes, ambulatory care centers, and orphanages, the provisions of this chapter shall apply, but nothing contained in this chapter shall be deemed in any manner to grant to any firefighters, police officers, or healthcare provider employees, including those of hospitals, nursing homes, ambulatory care centers, and orphanages, the right to engage in any strike. Any strike by any firefighters, police officers, or healthcare provider employees, including those of hospitals, nursing homes, ambulatory care centers, and orphanages, shall be illegal.
Terms Used In Rhode Island General Laws 28-7-45
- Board: means the labor relations board created by § 28-7-4. See Rhode Island General Laws 28-7-3
- Department: means the department of labor and training. See Rhode Island General Laws 28-29-2
- Employees: includes , but is not restricted to, any individual employed by a labor organization; any individual whose employment has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment; and shall not be limited to the employees of a particular employer, unless the chapter explicitly states otherwise;
(ii) "Employees" does not include any individual employed by his or her parent or spouse or in the domestic service of any person in his or her home, or any individuals employed only for the duration of a labor dispute, or any individuals employed as farm laborers; provided that, any individual employed by an employer in an industry established or regulated pursuant to chapters 28. See Rhode Island General Laws 28-7-3
- Employer: includes any person acting on behalf of or in the interest of an employer, directly or indirectly, with or without his or her knowledge, but a labor organization or any officer or its agent shall only be considered an employer with respect to individuals employed by the organization. See Rhode Island General Laws 28-7-3
(b) When an impasse is reached by an employer and a union representing healthcare provider employees, including those of hospitals, nursing homes, ambulatory care centers, and orphanages, the mediation services of the department of labor and training shall be utilized for mediation and factfinding. If the issues remain unresolved, then the parties shall proceed to arbitration in accordance with the rules of the American Arbitration Association.
History of Section.
P.L. 1941, ch. 1066, § 16; G.L. 1956, § 28-7-45; P.L. 1965, ch. 75, § 1; P.L. 1966, ch. 60, § 1; P.L. 1966, ch. 147, § 3; P.L. 1972, ch. 196, § 1; P.L. 1972, ch. 296, § 1.