§ 39-18-17 Labor relations with employeesof acquired transit facilities. – (a) Whenever the authority acquires transit property facilities under theprovisions of this chapter, the authority shall continue the payment of allpensions and retirement allowances under and in accordance with the pensionplan in effect at the time of the acquisition.
(b) As of the date of the acquisition of the transit propertyunder the provisions of this chapter, such officers and employees as may bedetermined by the authority to be qualified and necessary for the carrying onof the transit operations shall be transferred to and become officers andemployees of the authority, it being the intention hereof that transit propertyfacilities acquired by the authority shall at all times be operated underpersonnel qualified to supervise mass transit facilities. No officer oremployee so transferred and becoming an officer or employee of the authority inaccordance with this section shall, by reason of the transfer, without his orher consent be removed, lowered in rank or compensation, or suspended exceptfor just cause and for reasons specifically given to him or her in writingwithin twenty-four (24) hours after the removal, suspension, or transfer orlowering in rank or compensation; nor shall any officer or employee by reasonof transfer, without his or her consent, be in any worse position in respect toworkers' compensation, pension, superannuation, sickness, or other benefits orother allowances granted by his or her previous employer to him or her, thewidowed person, family, or personal representatives than he or she enjoyedunder any person, firm, or corporation under whom he or she held his or heremployment immediately prior to his or her transfer to the employment of theauthority; provided, however, that the authority may abolish any office or postof any existing executive officer if in the opinion of the authority the officeor post is an unreasonable addition to the staff of the authority. Theauthority shall have the authority to bargain collectively with labororganizations representing employees of the authority and to enter intoagreements with the organizations relative to wages, salaries, hours, workingconditions, health benefits, pensions, and retirement allowances of theemployees.
(c) In case of any labor dispute where collective bargainingdoes not result in agreement, the authority shall offer to submit the disputeto arbitration by a board composed of three (3) persons, one appointed by theauthority, one appointed by the labor organization representing the employees,and a third member to be agreed upon by the labor organization and theauthority. The member selected by the labor organization and the authorityshall act as chairperson of the board. The determination of the majority of theboard of arbitration thus established shall be final and binding on all mattersin dispute. If after a period of ten (10) days from the date of the appointmentof the two (2) arbitrators representing the authority and the labororganization, the third arbitrator has not been selected then either arbitratormay request the American arbitration association to furnish a list of five (5)persons from which the third arbitrator shall be selected. The arbitratorsappointed by the authority and the labor organization promptly after thereceipt of the list, shall determine by lot the order of elimination, and,thereafter, each shall in that order alternately eliminate one name until onlyone name remains. The remaining person on the list shall be the thirdarbitrator. The term "labor dispute" shall be broadly construed and shallinclude any controversy concerning wages, salaries, hours, working conditions,or benefits including health and welfare, sick leave, insurance or pension orretirement provisions, but not limited thereto and including any controversyconcerning any differences or questions that may arise between the partiesincluding but not limited to the making or maintaining of collective bargainingagreements, the terms to be included in the agreements and the interpretationor application of the collective bargaining agreements and any grievances thatmay arise. Each party shall pay one half (1/2) of the expenses of thearbitration.
§ 39-18-17 Labor relations with employeesof acquired transit facilities. – (a) Whenever the authority acquires transit property facilities under theprovisions of this chapter, the authority shall continue the payment of allpensions and retirement allowances under and in accordance with the pensionplan in effect at the time of the acquisition.
(b) As of the date of the acquisition of the transit propertyunder the provisions of this chapter, such officers and employees as may bedetermined by the authority to be qualified and necessary for the carrying onof the transit operations shall be transferred to and become officers andemployees of the authority, it being the intention hereof that transit propertyfacilities acquired by the authority shall at all times be operated underpersonnel qualified to supervise mass transit facilities. No officer oremployee so transferred and becoming an officer or employee of the authority inaccordance with this section shall, by reason of the transfer, without his orher consent be removed, lowered in rank or compensation, or suspended exceptfor just cause and for reasons specifically given to him or her in writingwithin twenty-four (24) hours after the removal, suspension, or transfer orlowering in rank or compensation; nor shall any officer or employee by reasonof transfer, without his or her consent, be in any worse position in respect toworkers' compensation, pension, superannuation, sickness, or other benefits orother allowances granted by his or her previous employer to him or her, thewidowed person, family, or personal representatives than he or she enjoyedunder any person, firm, or corporation under whom he or she held his or heremployment immediately prior to his or her transfer to the employment of theauthority; provided, however, that the authority may abolish any office or postof any existing executive officer if in the opinion of the authority the officeor post is an unreasonable addition to the staff of the authority. Theauthority shall have the authority to bargain collectively with labororganizations representing employees of the authority and to enter intoagreements with the organizations relative to wages, salaries, hours, workingconditions, health benefits, pensions, and retirement allowances of theemployees.
(c) In case of any labor dispute where collective bargainingdoes not result in agreement, the authority shall offer to submit the disputeto arbitration by a board composed of three (3) persons, one appointed by theauthority, one appointed by the labor organization representing the employees,and a third member to be agreed upon by the labor organization and theauthority. The member selected by the labor organization and the authorityshall act as chairperson of the board. The determination of the majority of theboard of arbitration thus established shall be final and binding on all mattersin dispute. If after a period of ten (10) days from the date of the appointmentof the two (2) arbitrators representing the authority and the labororganization, the third arbitrator has not been selected then either arbitratormay request the American arbitration association to furnish a list of five (5)persons from which the third arbitrator shall be selected. The arbitratorsappointed by the authority and the labor organization promptly after thereceipt of the list, shall determine by lot the order of elimination, and,thereafter, each shall in that order alternately eliminate one name until onlyone name remains. The remaining person on the list shall be the thirdarbitrator. The term "labor dispute" shall be broadly construed and shallinclude any controversy concerning wages, salaries, hours, working conditions,or benefits including health and welfare, sick leave, insurance or pension orretirement provisions, but not limited thereto and including any controversyconcerning any differences or questions that may arise between the partiesincluding but not limited to the making or maintaining of collective bargainingagreements, the terms to be included in the agreements and the interpretationor application of the collective bargaining agreements and any grievances thatmay arise. Each party shall pay one half (1/2) of the expenses of thearbitration.
§ 39-18-17 Labor relations with employeesof acquired transit facilities. – (a) Whenever the authority acquires transit property facilities under theprovisions of this chapter, the authority shall continue the payment of allpensions and retirement allowances under and in accordance with the pensionplan in effect at the time of the acquisition.
(b) As of the date of the acquisition of the transit propertyunder the provisions of this chapter, such officers and employees as may bedetermined by the authority to be qualified and necessary for the carrying onof the transit operations shall be transferred to and become officers andemployees of the authority, it being the intention hereof that transit propertyfacilities acquired by the authority shall at all times be operated underpersonnel qualified to supervise mass transit facilities. No officer oremployee so transferred and becoming an officer or employee of the authority inaccordance with this section shall, by reason of the transfer, without his orher consent be removed, lowered in rank or compensation, or suspended exceptfor just cause and for reasons specifically given to him or her in writingwithin twenty-four (24) hours after the removal, suspension, or transfer orlowering in rank or compensation; nor shall any officer or employee by reasonof transfer, without his or her consent, be in any worse position in respect toworkers' compensation, pension, superannuation, sickness, or other benefits orother allowances granted by his or her previous employer to him or her, thewidowed person, family, or personal representatives than he or she enjoyedunder any person, firm, or corporation under whom he or she held his or heremployment immediately prior to his or her transfer to the employment of theauthority; provided, however, that the authority may abolish any office or postof any existing executive officer if in the opinion of the authority the officeor post is an unreasonable addition to the staff of the authority. Theauthority shall have the authority to bargain collectively with labororganizations representing employees of the authority and to enter intoagreements with the organizations relative to wages, salaries, hours, workingconditions, health benefits, pensions, and retirement allowances of theemployees.
(c) In case of any labor dispute where collective bargainingdoes not result in agreement, the authority shall offer to submit the disputeto arbitration by a board composed of three (3) persons, one appointed by theauthority, one appointed by the labor organization representing the employees,and a third member to be agreed upon by the labor organization and theauthority. The member selected by the labor organization and the authorityshall act as chairperson of the board. The determination of the majority of theboard of arbitration thus established shall be final and binding on all mattersin dispute. If after a period of ten (10) days from the date of the appointmentof the two (2) arbitrators representing the authority and the labororganization, the third arbitrator has not been selected then either arbitratormay request the American arbitration association to furnish a list of five (5)persons from which the third arbitrator shall be selected. The arbitratorsappointed by the authority and the labor organization promptly after thereceipt of the list, shall determine by lot the order of elimination, and,thereafter, each shall in that order alternately eliminate one name until onlyone name remains. The remaining person on the list shall be the thirdarbitrator. The term "labor dispute" shall be broadly construed and shallinclude any controversy concerning wages, salaries, hours, working conditions,or benefits including health and welfare, sick leave, insurance or pension orretirement provisions, but not limited thereto and including any controversyconcerning any differences or questions that may arise between the partiesincluding but not limited to the making or maintaining of collective bargainingagreements, the terms to be included in the agreements and the interpretationor application of the collective bargaining agreements and any grievances thatmay arise. Each party shall pay one half (1/2) of the expenses of thearbitration.
