§ 28-7-3. Definitions.
When used in this chapter:
(1) “Board” means the labor relations board created by § 28-7-4.
(2) “Company union” means any committee employee representation plan or association of employees that exists for the purpose, in whole or in part, of dealing with employers concerning grievances or terms and conditions of employment, that the employer has initiated or created or whose initiation or creation he or she has suggested, participated in or in the formulation of whose governing rules or policies or the conducting of whose management, operations, or elections the employer participates in or supervises, or which the employer maintains, finances, controls, dominates, or assists in maintaining or financing, whether by compensating any one for services performed in its behalf or by donating free services, equipment, materials, office or meeting space or anything else of value, or by any other means.
(3)(i) “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 28.6 or 28.11 of title 21 shall be an employee within the meaning of this chapter and shall not be considered a farm laborer.
(4) “Employer” includes any person acting on behalf of or in the interest of an employer, directly or indirectly, with or without his or her knowledge, but a labor organization or any officer or its agent shall only be considered an employer with respect to individuals employed by the organization.
(5) “Labor dispute” includes, but is not restricted to, any controversy between employers and employees or their representatives as defined in this section concerning terms, tenure, or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to negotiate, fix, maintain, or change terms or conditions of employment, or concerning the violation of any of the rights granted or affirmed by this chapter, regardless of whether the disputants stand in the proximate relation of employer and employee.
(6) “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.
(7) “Person” includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.
(8) “Policies of this chapter” means the policies set forth in § 28-7-2.
(9) “Representatives” includes a labor organization or an individual whether or not employed by the employer of those whom he or she represents.
(10) “Unfair labor practice” means only those unfair labor practices listed in §§ 28-7-13 and 28-7-13.1.
History of Section.P.L. 1941, ch. 1066, § 2; G.L. 1956, § 28-7-3; P.L. 1993, ch. 241, § 1; P.L. 2022, ch. 31, § 9, effective May 25, 2022; P.L. 2022, ch. 32, § 9, effective May 25, 2022.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-7 - Labor Relations Act
Section 28-7-1. - Short title.
Section 28-7-2. - Policy of chapter.
Section 28-7-3. - Definitions.
Section 28-7-5. - Quorum of board — Seal.
Section 28-7-6. - Annual report of board — Opinions.
Section 28-7-7. - Compensation and expenses of members — Provision of assistance.
Section 28-7-8. - Place of board meetings — Conduct of proceedings by members or agents.
Section 28-7-9. - Rules and regulations.
Section 28-7-10. - Mediation in labor disputes by board.
Section 28-7-11. - Board’s independence from department of labor and training.
Section 28-7-12. - Rights of employees.
Section 28-7-13. - Unfair labor practices.
Section 28-7-13.1. - Unfair labor practices — Public sector employee organizations.
Section 28-7-14. - Exclusive representation of employees.
Section 28-7-15. - Determination of bargaining unit.
Section 28-7-16. - Controversies as to representation.
Section 28-7-17. - Eligibility to participate in elections — Place and supervision of elections.
Section 28-7-18. - Runoff elections — Term of certification as bargaining representative.
Section 28-7-19. - Unions listed on ballot — Company unions.
Section 28-7-19.1. - Mergers and consolidations of companies.
Section 28-7-19.2. - Standards of corporate behavior.
Section 28-7-20. - Power of board to prevent unfair practices.
Section 28-7-21. - Complaints of unfair practices — Parties to proceedings — Rules of evidence.
Section 28-7-22. - Testimony at hearing — Decision and orders.
Section 28-7-23. - Modification of findings and orders.
Section 28-7-24. - Discontinuance of strike or other activity as condition of board action.
Section 28-7-25. - Expedition of proceedings.
Section 28-7-26. - Judicial enforcement of orders.
Section 28-7-27. - Proceedings in judicial hearing.
Section 28-7-28. - Jurisdiction of court — Appeal to supreme court.
Section 28-7-29. - Appeal from decision of board.
Section 28-7-30. - Board’s order not stayed by judicial proceedings.
Section 28-7-31. - Court not limited by equity jurisdiction.
Section 28-7-32. - Expedition of judicial proceedings.
Section 28-7-33. - Access of board to evidence — Subpoena power — Oaths and affirmations.
Section 28-7-34. - Taking of depositions.
Section 28-7-35. - Judicial enforcement of subpoena.
Section 28-7-36. - Privilege against self-incrimination.
Section 28-7-37. - Service of process of board — Witness fees.
Section 28-7-38. - Service of judicial process.
Section 28-7-39. - Furnishing of public records.
Section 28-7-40. - Penalty for violations.
Section 28-7-41. - Records of proceedings.
Section 28-7-42. - Budget estimates — Expenditures.
Section 28-7-43. - Appropriations and disbursements.
Section 28-7-44. - Chapter controlling.
Section 28-7-45. - Employees exempt from chapter.
Section 28-7-46. - Right to strike and concerted activities preserved.
Section 28-7-47. - Severability.
Section 28-7-48. - Prohibition against economic benefit to an unfair employer.
Section 28-7-49. - No limitation on healthcare benefit providers.