Rhode Island LRB

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Forms and Petitions


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**PLEASE NOTE: All Board Forms must be submitted on Letter Size Paper (8 1/2" X 11")

 

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Forms


In accordance with the Board's Rules and Regulations, specifically: 

ENTRY OF APPEARANCE

"Section 5.01.1 Requirements of Entry:

All person(s) representing any party or appearing pro se in any proceeding before the Board shall file an Entry of Appearance, which shall contain the representative's name, address, telephone and facsimile (fax) numbers, electronic mail (e-mail) address, and cellular phone number (if applicable). The entry shall also specify the represented party."

WITHDRAWAL OF APPEARANCE

"Section 5.01.2 (b) Persons Eligible to Enter an Appearance:

All notices, and oral or written communication from the Board, shall be directed only to the person that has entered his or her appearance. Any subsequent entry of appearance must be accompanied by a 'Withdrawal of Appearance' from the prior representative, or an affidavit as to why such a withdrawal cannot be produced."

DESIGNATION OF BARGAINING AGENT AND WAIVER OF RIGHT TO VOTE

Section 8.02.3(b)  Agreement for Consent Election by Comparison of Signatures: 

Where a Petition for Investigation of Controversies as to Representation has been filed and it is not the employer’s intention to challenge the representation of the proposed bargaining unit, the parties shall enter into an Agreement for Consent Election by Comparison of Signatures, which shall be conducted by the Board, through its Administrator or Agent. The petition must be accompanied by the 'Designation of Bargaining Agent and Waiver of Right to Vote' form, signed by at least fifty-one percent (51%) of the employees in the proposed bargaining unit.

When proceeding under an Agreement for Consent Election by Comparison of Signatures, the parties are deemed to have waived their statutory right to an informal hearing and other consent election processes.

Upon the parties’ joint submission of an 'Agreement for Consent Election by Comparison of Signatures', the Board shall certify to the parties, five (5) business days thereafter, a Certification of Representatives for the designated bargaining unit. The Certification of Representatives issued after completion of the Consent Election by Comparison of Signatures process, shall not be subject to decertification for a one (1) year period immediately following the Board’s Certification."

DECERTIFICATION CARDS OF INTEREST

Sub-Section 8.03.1 - Petition Contents; Sufficiency:

A Petition for Decertification of a Certified Bargaining Representative may be filed by an employee, an employer, or an opposing labor organization, to displace or decertify a certified or recognized labor organization.

Any petition filed must be accompanied by Decertification Cards of Interest. Only Decertification Cards of Interest with original signatures shall be accepted. The date of the signatures must be within one (1) year of the date on which the petition is filed."


FORMAL HEARING EXHIBIT FORM

Sub-Section 7.01.2 Pre-hearing Requirement to Meet and Confer - Exhibits:

a) Each party of record intending to submit more than three (3) exhibits during a formal hearing process shall be required to meet and confer with the opposing party's representative for the prupose of exchanging and marking exhibits.

b) Upon conclusion of the parties dialogue, the parties shall pre-mark and pre-identify all exhibits accordingly; (ie// petitioner 1, respondent 1, joint, objection, no objection or reserve objection to an exhibit) and record all exhibits to be entered into the record on the Formal Hearing Exhibit form.

c) The requesting party shall then submit the Formal Hearing Exhibit form to the Board's Administrator, by e-mail, no less than two (s) business days prior to the commencement of the formal hearing parocess.

d) All said copies of exhibits as enumerated in accordance with the Board’s Rules and Regulations, Sub-Section 7.03.6 herein, shall be submitted at the commencement of the formal hearing process.

e) Parties who fail to comply with the Board's directives may be sanctioned in accordance with the Board's Rules and Regulations Sub-Section 7.03.3, herein.

NOTE: The filing of the Formal Hearing Exhibit form, prior to the formal hearing, shall not constitute acceptance into evidence by the Board or any admission by the other party of relevance, accuracy or materiality. The opposing party retains the right to object to any contested exhibit(s), at which time the Chairperson will rule on the admissibility of all contested exhibits.

REQUEST TO PROMULGATE, AMEND, OR REPEAL A RULE

"Section 4.01.2 Rule Making Initiated by Petition of Interested Party:

a) Any interested person may, using a form provided by the Board, petition the Board, requesting the promulgation, amendment, or repeal of any rule. A separate form shall be required for each section of the rules and regulations that a party requests be promulgated, amended, or repealed. In the case of promulgation, the requesting party shall be required to include a proposed section number. All forms shall be submitted as an original, signed in blue ink, with eight (8) copies.

b) No petition shall be accepted by the Board's staff for consideration unless the same has been fully completed. Once the staff determines that the petition is complete, the staff shall certify the date of completeness and shall, thereafter, schedule the matter for the Board's next meeting. The Board shall either deny the petition, in writing (stating its reasons for the denial), or initiate rule making proceedings in accordance with Section 4.01.1.

c) Any request to promulgate, amend, or repeal any rule shall be submitted by July 31st of each year in order to be considered for the Board's annual review. Any request received after July 31st may be held for review until the following calendar year if there is insufficient time for the requested promulgation, amendment, or repeal to be processed within the time frame as outlined in Section 4.01.1."

 

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Petitions

**PLEASE NOTE: All Board Petitions must be submitted on Legal Size Paper (8 1/2" X 14")

***An original Petition, signed in blue ink, shall be submitted to the Board***

 

In accordance with the Board's Rules and Regulations, specifically Section 6.01.8:

"Limit on Use of Transmission by Facsimile (FAX) and Electronic Mail (E-Mail):

The Board will not accept facsimile (fax) or electronic mail (email) transmissions for the following documentation:

1) Petition for Unfair Labor Practice Charges;
2) Respondent’s Answer to an Unfair Labor Complaint;
3) Petition for Investigation of Controversies as to Representation;
4) Petition for Decertification of a Certified Bargaining Representative;
5) Petition for Unit Clarification and/or Accretion/Exclusion;
6) Petition for Affiliation/Merger;
7) Request to Promulgate, Amend, or Repeal a Rule;
8) Motions, pleadings, and briefs with appendices, where required;
9) Consent Agreement & Affidavit; and
10) Any and all attachments to the aforementioned documentation.

The Board will accept facsimile (fax) or electronic mail (email) transmissions for the following procedural documentation:

1) Entry of Appearance and Withdrawal of Appearance Forms;
2) Formal Hearing Exhibit Forms;
3) All requests for postponement of informal and formal hearings, as set forth in Sub-Section 7.01.12, herein;
4 ) All requests for abeyances of Unfair Labor Practice Charges, as set forth in Sub-Sections 9.01.10and 9.02.12, herein;
5) All submissions of written statements in lieu of an informal oral hearing, as set forth in Sub-Section 7.02.1, herein;
6) Parties’ response to Investigative Reports as set forth in Sub-Sections 8.04.2 and 8.05.2, herein; and
7) Any and all other written documentation not set forth in Sub-Section 6.01.8(a), herein.

NOTE: All documentation as set forth in Section 6.01.8(b) (3-7), must be submitted to this Board on “formal letterhead” with an original signature, signed in blue ink."

PETITION FOR THE INVESTIGATION OF
CONTROVERSIES AS TO REPRESENTATION

Used in accordance with RI General Laws 28-7-16 whenever it is alleged that there is a question or controversy concerning the representation of employees. In accordance with RI General Laws 28-7-9(b)(1) and (2):

"(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 are 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 (30) day period immediately preceding sixty (60) days prior to the expiration date of the collective bargaining agreement." The Petition must also conform to the requirements of the Board's Rules and Regulations; specifically: Section 8.01 et seq. for representation and Section 8.03 et seq. Decertification."

PETITION FOR DECERTIFICATION OF A
CERTIFIED BARGAINING REPRESENTATIVE

"A Petition for Decertification of a Certified Bargaining Representative may be filed by an employee, an employer, or an opposing labor organization, to displace or decertify a certified or recognized labor organization, in accordance with the Board's Rules and Regulations, Section 8.03, et seq.

NOTE: The filing of a petition by the employees or employer does not relieve an employer from the responsibility to bargain with the existing labor organization.

NOTE: Any petition filed must be accompanied by Decertification Cards of Interest. Only Decertification Cards of Interest with original signatures shall be accepted. The date of the signatures must be within one (1) year of the date on which the petition is filed."

PETITION FOR UNIT CLARIFICATION
AND/ORACCRETION/EXCLUSION

In accordance with RI General Laws 28-7-9(b)(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."

The petition will be processed in accordance with the Board's Rules and Regulations; specifically,
Section 8.04 to request the accretion of position(s) into the bargaining unit(s); and Section 8.05 to request the exclusion of position(s) from the bargaining unit(s).

UNFAIR LABOR PRACTICE CHARGE PETITION

"The petition will be processed in accordance with the Board's Rules and Regulations; specifically Section 9.01 et seq.; and pursuant to RI General Laws Sub-Section 28-7-13 (Used by an individual or employee organization when alleging that an employer has violated the Act) and RI General Laws Sub-Section 28-7-13.1 (Used by an Employer when alleging that an employee organization has violated the Act)"


PETITION FOR AFFILIATION/MERGER OF
BARGAINING REPRESENTATIVES

Employees represented by an independent labor organization or association may seek to merge with a national organization, whether or not a contract is in existence by filing a Petition for Affiliation/Merger of Bargaining Representatives in accordance with the Board's Rules and Regulations; specifically, Section 8.07 et seq.