Chapter 440

2003 -- H 5080 SUBSTITUTE A

Enacted 08/06/03

A N A C T

RELATING TO LABOR RELATIONS BOARD -- FORMAL HEARING

Introduced By: Representatives Corvese, and Schadone

Date Introduced: January 15, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-7-9 of the General Laws in Chapter 28-7 entitled "Labor

Relations Act" is hereby amended to read as follows:

28-7-9. Rules and regulations -- (a) The board has 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 the board prescribes.

      (b) The rules and regulations for state and municipal employees include, but are not

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 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.

      (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.

      (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 section 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 holds a formal hearing. A final decision shall be

rendered by the board within sixty (60) days after a 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 chapter 11 of title 36

and chapter 9.4 of this title, the provisions of this section are controlling.

      (d) 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, either the unfair labor practices charge or the unit

classification petition. 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.

     SECTION 2. This act shall take effect upon passage.

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LC00031/SUB A

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