§ 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.
(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.
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.