465 R.I. Code R. 465-RICR-10-00-1.13

Current through November 7, 2024

Section 465-RICR-10-00-1.13 - Petition for Investigation of Controversies as to Representation: Blanket Requirements

A. Conduct of Elections

1. All controversies as to representation submitted to the Board shall be conducted by secret ballot, at a date(s), time(s) and location(s), in such a manner and upon such terms and conditions as the Administrator of the Board may deem appropriate.

2. The Board may conduct an election process by mail ballot if it is not practical or reasonable to hold an election at which employees may vote in-person. Said determination will be at the sole discretion of the Board's Administrator.

3. The election procedures established by this section apply to all representation elections conducted by the Board. Decertification election procedures and requirements follow the same representation procedures, as applicable and appropriate, regardless of whether the bargaining representative facing challenge was certified by the Board or attained its status through voluntary recognition.

4. All controversies as to representation submitted to the Board shall be expedited unless an extenuating circumstance arises, which would result in the Board proceeding with the process as soon as practicable.

B. Prerequisites

1. Pursuant to R.I. Gen. Laws § 28-7-9(b)(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 designated labor organization. Cards of interest signed by at least twenty percent (20%) of the employees in the appropriate unit are required to intervene.

2. Cards of interest submitted in any proceeding before the Board may not be filed electronically. All cards of interest must be submitted no later than 3:00 p.m. in accordance with § 1.6(H)(4) of this Part, on the same day as the electronic submission of the Petition. The cards of interest must be in alphabetical order, by last name. Only cards of interest with original signatures shall be accepted.

3. The Board shall certify the authenticity of all cards of interest submitted. A Petition for Investigation of Controversies as to Representation may be dismissed, without prejudice, if the Petition is filed by a labor organization without a sufficient showing of interest.

4. In order to proceed with a Petition for Investigation of Controversies as to Representation, the incumbent(s) must be employed in the position, for a period of thirty (30) days, prior to the filing of the Petition.

5. In order to file a Petition for Investigation of Controversies as to Representation, the number of employees in the unit sought must be more than one (1) employee.

C. Eligibility to Vote

1. All employees agreed to by the parties at the informal conference, who are determined to be eligible to participate in the election process up to the end of the determined eligibility period, shall be eligible to vote. Disputes regarding the accuracy of the voting list shall be raised at the informal conference. The Board shall resolve any disputes regarding the accuracy of the updated list up to and including five (5) business days before the scheduled election.

D. Petition: Withdrawal or Amendment

1. At any time before the issuance of a Notice of Hearing on a Petition for Investigation of Controversies as to Representation, the Board may permit the amendment of the Petition, or its withdrawal, in whole or in part. At any time after the issuance of such Notice of Hearing, the Board, upon Motion, may permit withdrawal of the Petition, in whole or in part, and the Board may permit amendment thereof. Withdrawal of the Petition, in whole or in part, shall not be permitted once the Board's Notice of Election has been posted.

2. In the event of a withdrawal of a Petition, in whole or in part, by a labor organization, the cards of interest submitted pursuant to R.I. Gen. Laws § 28-7-9(b)(1) and § 1.13(B) of this Part, shall be returned only to the labor organization that submitted the original Petition. If the Petition is withdrawn, in part, the labor organization shall request, in writing, the specific cards of interest it seeks to have returned.

E. Voluntary Revocation of Certification by Union

1. An employee organization currently certified to represent a bargaining unit may request the Board to revoke its certification by filing a written request, accompanied by a statement that the employee organization disclaims all interest in continued representation of the bargaining unit. (A copy of the Certification of Representatives and the Unit Clarification Disposition must also be attached) The employee organization shall be required to certify a copy of said request to each party of the proceeding, with a copy (Cc) to the Board's Administrator and must certify the same therein.

2. After review and determination of the request for voluntary revocation by the Board, the Board's Administrator or its Agent, shall notify the parties in writing of the results of the Board's action. Upon granting the voluntary revocation by the Board, the Certification of Representatives and Unit Clarification Disposition shall be negated as of the date of determination by the Board.

F. Abeyance by Preemption of Unit Clarification and/or Accretion Petition

1. If a Unit Clarification and/or Accretion Petition is filed prior to a Petition for Investigation of Controversies as to Representation relative to the same positions, then the Petition for Investigation of Controversies as to Representation shall be held in abeyance, pending the outcome of the Unit Clarification and/or Accretion Petition.

G. Subsequent or Repetitive Requests by the Same Petitioner to File a Petition for Investigation of Controversies as to Representation Upon the Failure of an Election Process

1. Upon conclusion of an election process where the election has failed, the petitioning party may not re-file a Petition for Investigation of Controversies as to Representation for the same proposed bargaining unit for a twelve (12) month period starting from the date of the failed election.

H. Recognition Requirements of Newly Created Independent Labor Organization/Association

1. When a newly created independent labor organization/association seeks to file a Petition for Investigation of Controversies as to Representation with the Board, it shall, in conjunction with the filing of the Petition, in accordance §§ 1.13(B) and 1.14(A) of this Part, submit the following required documentation as confirmation of the creation of the said independent labor organization/association:

a. A certified copy of the notice of meeting reflecting the date, time, location, and manner, as well as the subject matter, to discuss and vote on the creation of the independent labor organization/ association;

b. A copy of the certified minutes reflecting:

(1) Signing of "cards of interest" to indicate intent to be represented;

(2) The discussion of the formation of the bargaining unit;

(3) The Motion to hold an election to create the independent labor organization/association;

(4) The election results (The majority of votes must be fifty-one percent (51%) of the total unit, not the total votes);

(5) The election of the Union officers, with titles and names; and

(6) The request for recognition letter to the Employer.

465 R.I. Code R. 465-RICR-10-00-1.13

Amended effective 2/1/2021