['Unions/Labor Relations']
['Alternative Dispute Resolution (ADR)']
06/13/2024
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Summary of differences between federal and state regulations
Federal law supporting alternative dispute resolution is found in the Administrative Dispute Resolution Act of 1996, 5 USC Sec. 571 – 584, and the Federal Arbitration Act, 9 USC Sec. 1 – 16. These laws provide some detail on ADR, but also leave it to various parties (government agencies, for instance) to adopt various forms of alternative dispute resolution.
In addition to the federal law, there are numerous state laws on ADR. In fact, thirty-five states have adopted the Uniform Arbitration Act as state law. Several states have also adopted the Revised Uniform Arbitration Act.
Below is a summary of Rhode Island’s requirements regarding ADR. Consult the regulatory links for detailed information.
Arbitration
Under Rhode Island law, a provision in a written contract between an employer and an association of employees or a union to settle by arbitration any controversy shall be valid, irrevocable, and enforceable, except upon any grounds that exist in law or in equity for the revocation of the contract.
Unless the parties agree otherwise in writing that the arbitrator shall have no authority to modify the penalty imposed by the employer in the arbitration of matters relating to the disciplining of employees, including, but not limited to, termination, suspension, or reprimand, the arbitrator shall have the authority to modify the penalty imposed by the employer and/or otherwise fashion an appropriate remedy, under the state’s law.
State
Contacts
Federal Mediation and Conciliation Service
Rhode Island State Labor Relations Board
National Labor Relations Board (Region 1)
Regulations
General Laws of Rhode Island, Title 28, Chapter 9, Sections 28-9-1 through 28-9-27
www.rilin.state.ri.us/statutes/title28/28-9/index.htm
Federal
Contacts
Federal Mediation and Conciliation Service
National Labor Relations Board
Regulations
The Administrative Dispute Resolution Act of 1996, 5 USC sec. 571 – 584
The Federal Arbitration Act, 9 USC sec. 1 – 16
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