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1997 Rhode Island Attorney General Reports and Opinions 1 (1997)

handle is hein.sag/sagri0017 and id is 1 raw text is: $t:T& afhr 2h nn: 1111 nbi1r :fPln3Int DEPARTMENT OF ATTORNEY GENERAL 150 South Main Street, P'rovidence, RI 02903 (401) 274-4400 Jeffrev B. Pine-.luornev General May 6, 1997 Official Opinion No. 97-01 The Honorable Lincoln Almond Governor of the State of Rhode Island State House Providence, Rhode Island 02903 Dear Governor Almond: I am pleased to respond to your request for an advisory opinion concerning the provisions of a recently negotiated collective bargaining agreement between the State and the Rhode Island Laborers' District Council. You have indicated that the Department of Administration, acting in its capacity as the appropriate office in state government to conduct collective bargaining with unions representing state employees, recently negotiated a contract with the Rhode Island Laborers' District Council. In that agreement, which I understand has not yet been executed, the State would allow the Union an option to assign a previously negotiated wage increase to a separate fund administered by the Laborers' International Union of North America. The specific contract language reads: It is specifically acknowledged and agreed to that the Union may, on behalf of its members, accept any across the board wage increase provided for above or a portion thereof and assign the remainder of said wage increase, on behalf of its members to the Laborers' International Union of North America National (INDUSTRIAL) Pension Fund. Should the Union elect the assignment option, it shall notify the Director of Administration of this election, in writing, no later than the preceding May 1. The parties further acknowledge and agree that the cost of wages and any assignment of wages (excepting administrative costs of implementing and processing the assignment) shall not exceed the negotiated wage increase for the applicable fiscal year. TDD-453-04 10