Rhode Island General Laws 28-7-9. Rules and regulations
(a) The board shall have authority from time to time to make, amend, and rescind any rules and regulations that may be necessary to carry out the provisions of this chapter including the determination of the life of the selected representatives. The rules and regulations shall be effective upon publication in the manner that the board prescribes.
Terms Used In Rhode Island General Laws 28-7-9
- Board: means the labor relations board created by § 28-7-4. See Rhode Island General Laws 28-7-3
- Employees: includes , but is not restricted to, any individual employed by a labor organization; any individual whose employment has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment; and shall not be limited to the employees of a particular employer, unless the chapter explicitly states otherwise;
(ii) "Employees" does not include any individual employed by his or her parent or spouse or in the domestic service of any person in his or her home, or any individuals employed only for the duration of a labor dispute, or any individuals employed as farm laborers; provided that, any individual employed by an employer in an industry established or regulated pursuant to chapters 28. See Rhode Island General Laws 28-7-3
- Labor organization: means any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection and which is not a company union as defined in this section. See Rhode Island General Laws 28-7-3
- Representatives: includes a labor organization or an individual whether or not employed by the employer of those whom he or she represents. See Rhode Island General Laws 28-7-3
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Unfair labor practice: means only those unfair labor practices listed in § 28-7-13 and § 28-7-13. See Rhode Island General Laws 28-7-3
(b) The rules and regulations for state and municipal employees shall include, but not be limited to, the following:
(1) The board shall require a labor organization to submit cards of interest signed by at least thirty percent (30%) of the employees in the appropriate bargaining unit indicating a desire to be represented by the labor organization so designated. Cards of interest signed by at least twenty percent (20%) of the employees in the appropriate bargaining unit shall be required to intervene. The board shall certify the authenticity of all cards of interest submitted.
(2) The board shall not consider a petition for representation whenever it appears that a collective bargaining agreement is in existence; provided, that the board may consider a petition within a thirty-day (30) period immediately preceding sixty (60) days prior to the expiration date of the collective bargaining agreement.
(3) A petition for unit clarification may be filed at any time with the board by:
(i) An exclusive bargaining agent;
(ii) The applicable municipality; or
(iii) The state where appropriate.
(4) In addition to the provisions of § 28-7-22, the board is empowered to order complete relief upon a finding of any unfair labor practice.
(5) All charges of unfair labor practices and petitions for unit classification shall be informally heard by the board within thirty (30) days upon receipt of the charges. Within sixty (60) days of the charges or petition the board shall hold a formal hearing. A final decision shall be rendered by the board within sixty (60) days after the hearing on the charges or petition is completed and a transcript of the hearing is received by the board.
(c) Insofar as the provisions of this section are inconsistent with the provisions of chapter 11 of Title 36 and chapter 9.4 of this title, the provisions of this section are controlling.
(d) The provisions of this section shall not be construed to prevent or limit the board or its agents by direction of the board, consistent with published rules and regulations, from dismissing, after investigation and informal hearings, the unfair labor practices charge. All unit classification petitions shall receive a formal hearing if requested by either party. The board or its agents shall maintain a written record of any dismissals.
History of Section.
P.L. 1941, ch. 1066, § 3; G.L. 1956, § 28-7-9; P.L. 1985, ch. 360, § 1; P.L. 1987, ch. 495, § 1; P.L. 1989, ch. 283 § 1; P.L. 2003, ch. 440, § 1.