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RIBCO
News
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2006-06-22
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Superior Court Deals A Major Blow To Corrections Director Wall and "Powers of the Director" |
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Unfair Labor Practice 5657
RIBCO filed an ULP asserting that, on or about December 27, 2002 the Department of Corrections unilaterally changed the job specifications for the following classifications represented by the Rhode Island Brotherhood of Correctional Officers: Security Specialist. Maintenance Superintendent and Medical Records Clerk. Hearings and testimony were conducted by the RI State Labor Relations Board and an order was issued:
1) The employer is directed to cease and desist from submitting changes to existing job specifications to the Department of Administration without prior bargaining with the certified bargaining representative.
2) The employer is directed to post a copy of this decision and order for a period of thirty (30) days on all bulletin boards utilized by the Department for employee notices.
3) The employer is directed to cease and desist from requiring employees to perform any job duties which were added by the revised job descriptions until these changes are negotiated in good faith with the certified bargaining representative.
The state in July 2005 appealed the decision to the RI Superior Court and was granted a ‘stay’ on the Board’s decision. A decision was rendered last week by the court. The Superior Court’s decision affirmed the Labor Board’s finding of an unfair labor practice in the unilateral changing of job specifications for Security Specialists and Maintenance Superintendents.
The ruling is important for a number of reasons including the fact that it holds that §42-56-10 must be balanced with the rights of employees to negotiate over wages, hours and conditions of employment pursuant to Title 36, Chapter 11. In the same vein, it states that the merit system and collective bargaining must be accommodated and coexist.
With regard to the specifics of the case, the ruling vacates the stay of enforcement which was granted in July 2005. The Board’s Order, therefore, directing the Department to cease and desist from submitting changes to existing specifications to DOA without first negotiating with the Brotherhood, and its further order that the Department cease and desist from requiring employees to perform jobs added by the revised job specifications until those changes are bargained, now become effective as does the Order for the Board to post a copy of the Board’s decision on all bulletin boards throughout the securities.
This was a major victory for RIBCO and its membership and it reinforces the states obligation to negotiate when they want to make changes.
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