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**PLEASE NOTE: All Board Forms must be submitted on Letter
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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 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.
In
accordance with the Board's Rules and Regulations, specifically:
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amended, or repealed.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."
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 numbers, and
electronic mail address (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 or entity that has entered his/her or its 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."
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**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***
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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) 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 Unit Clarification and/or Accretion/Exclusion;
5) Petition for Affiliation/Merger;
6) Request to Promulgate, Amend, or Repeal a Rule; and
7) Motions, pleadings, and briefs with appendices, where required.
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) All requests for postponement of informal and formal hearings, as set forth in Section 7.01.12, herein;
3) All requests for abeyance of Unfair Labor Practice Charges, as set forth in Section 9.02.12, herein;
4) All submissions of written statements in lieu of an informal oral hearing, as set forth in Section 7.02.1, herein;
5) Parties’ response to Investigative Reports as set forth in Section 8.04.2; and
6) All other written documentation not set forth in Section 6.01.7(a).
NOTE: All documentation as set forth in Section 6.01.8(b) (2-6), must be submitted to this Board on “formal letterhead” with an original signature, signed in blue ink.
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 for representation and
Section 8.06 for decertification.
PETITION
FOR UNIT CLARIFICATION
AND/ORACCRETION/EXCLUSION
In accordance with
RI General Laws 28-7-9(b)(3):
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"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
Used by an individual or employee organization
when alleging that an employer has violated RI
General Laws 28-7-13; or is used by an Employer
when alleging that an employee organization has
violated RI
General Laws 28-7-13.1.
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.
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