State Seal Rhode Island State Labor Relations Board RISLRB

 

 

 

 

 

 



Forms and Petitions

Forms

You must have Adobe Reader 6.0 or greater to fill out and save all PDF Forms.
Forms must be submitted on 8 1/2 x 11 inch paper
.

In accordance with the Board's Rules and Regulations, specifically:
Form Name Corresponding Rule

Entry of Appearance

"465-RICR-10-00-1-1.4(A)(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. The entry shall also specify the represented party."

Withdrawal of Appearance "465-RICR-10-00-1-1.4(B)(3) 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
"465-RICR-10-00-1-1.14(C)(1)(b)(1-7) 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 'Designation of Bargaining Agent and Waiver of Right to Vote' forms, signed by at least fifty-one percent (51%) of the employees in the proposed bargaining unit, submitted in any proceeding before the Board, may not be filed electronically. All said Designation of Bargaining Agent and Waiver of Right to Vote forms 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.

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
"465-RICR-10-00-1-1.15(C) Certification of Authenticity of Cards of Interest
Upon receipt of a Petition for Decertification of a Certified Bargaining Representative, the Board shall certify the authenticity of all Decertification Cards of Interest submitted as outlined in R.I. Gen. Laws § 28-7-9(b)(1). 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. The Decertification of Cards of Interest submitted in any proceeding before the Board, may not be filed electronically."

Formal Hearing
Exhibit Form
"465-RICR-10-00-1-1.8(B)(1-6) Pre-hearing Requirement to Meet and Confer - Exhibits
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 purpose of exchanging and marking exhibits.

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

The requesting party shall then submit the Formal Hearing Exhibit form to the Board's Administrator, via the electronic document management system, no less than two (2) business days prior to the commencement of the formal hearing process.

All said copies of exhibits as enumerated in accordance with § 1.10(F) of this Part, shall be submitted at the commencement of the formal hearing process.

Parties who fail to comply with the Board's directives may be sanctioned in accordance with § 1.10(C) of this Part.

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
"465-RICR-10-00-4-4.4(B)(1-3) Rule Making Initiated by Petition of Interested Party
Any interested person may 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(s) request(s) 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, in accordance with § 1.5 of this Subchapter.

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 regularly scheduled monthly Board meeting. The Board shall either deny the petition, in writing (stating its reasons for the denial), or initiate rule-making proceedings in accordance with § 4.4(A)(1) of this Part.

Any request from the general public 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 timeframe as outlined in § 4.4(B)(3) of this Part."



Petitions

You must have Adobe Reader 6.0 or greater to fill out and save all PDF Petitions.
Forms must be submitted on 8 1/2 x 14 inch (Legal) paper.


***An original Petition, signed in blue ink, shall be submitted to the Board in accordance
with the Board's Rules and Regulations 465-RICR-10-00-1-1.5.***


Petition Name Corresponding Rule

Petition for Investigation of Controversies as to Representation

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

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 respresented by the designated labor organization. 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.

The Board shall not consider a petition for represntation 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 465-RICR-10-00-1-1.13 and 465-RICR-10-00-1-1.14 for 'representation' and 465-RICR-10-00-1-1.15 for 'decertification'. "

Petition for Decertification of a Certified Bargaining Representative "465-RICR-10-00-1-1.15(A)(1-2) 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.

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.

Petition for Unit Clarification and/or Accretion/Exclusion In accordance with R.I. Gen. 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, 465-RICR-10-00-1-1.16, to request the accretion of position(s) into the bargaining unit(s); and 465-RICR-10-00-1-1.17 to request the exclusion of position(s) from the bargaining unit(s).

Unfair Labor Practice Charge The petition will be processed in accordance with the Board's Rules and Regulations; specifically, 465-RICR-10-00-1-1.22; and pursuant to R.I. Gen. Laws § 28-7-13 (Used by an individual or employee organization when alleging that an employer has violated the Act) and R.I. Gen. Laws § 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 affiliate/merge with a national organization, while 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, 465-RICR-10-00-1-1.18.




The Rhode Island State Labor Relations Board is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. TTY via RI Relay: 711 1/2/19