The Rhode Island Supreme Court held that a non-lawyer union representative could represent a grievant in a public labor arbitration. In Re Town of Little Compton, R.I. Supreme Court No. 2011–101-Appeal decided February 9, 2012.
The court summarized the facts as follow:
On July 8, 2010, the Unauthorized Practice of Law Committee (committee) conducted an investigational hearing in connection with a complaint filed with it by the Town of Little Compton (the town) against the Little Compton Firefighters Local 3957 (the union). In its complaint, the town contended that the union, or its representative, had engaged in the unauthorized practice of law, in violation of G.L.1956 § 11–27–2, when the union allowed its nonlawyer business agent to represent it at a labor arbitration hearing. The committee’s report to this Court ultimately concluded that the union representative’s actions on behalf of the union constituted a “technical violation” of the statute governing the unauthorized practice of law. Mindful that this type of lay representation of unions in labor arbitrations is a common practice in Rhode Island, the committee petitioned this Court for guidance on how to proceed. After reviewing the committee record, the parties’ written submissions and oral arguments, and the many amicus briefs filed with the Court, we decline to limit this particular practice at this point in time for the reasons that follow.
The court concluded:
Accordingly, although the conduct involved in this case may be the practice of law pursuant to the language of § 11-27-2, because of the long-standing involvement of nonlawyer union employees at public grievance arbitrations, we will not limit this involvement at this time. We may in the future, however, and under the supervisory powers of the Court and with the full Court participating, decide the generic issue of nonlawyers participating in public grievance arbitrations.
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