reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.9 - Notice of Hearing Before Referee or Board

Current through June 14, 2024
A. At
				 least seven (7) calendar days before the date of a hearing scheduled before a
				 Referee or the Board of Review, a written notice shall be mailed to all parties
				 at their last known addresses. The notice of hearing shall include the
				 following:
1. The date and time of the
				 scheduled hearing;
2. The location
				 of the hearing including the city, street address and room number;
3. The purpose of the hearing, the issue or
				 issues involved and the applicable statute, regulation or rule;
4. Advice as to the importance of attending
				 the hearing;
5. Information
				 concerning appropriate procedural rights, e.g., the right to be represented and
				 to present evidence;
6. Information
				 concerning postponements and withdrawals;
7. A description of the responsibility and
				 authority of the Referee; and
8.
				 Advice as to where and how further assistance or information may be
				 obtained.
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.10 - Postponement of Hearings

Current through June 14, 2024
Upon motion of the Referee or the Board of Review or at the
					 request of an interested party for good cause, the Referee or Board may
					 postpone a hearing, provided that the hearing shall promptly be rescheduled to
					 prevent unreasonable delay.
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.11 - Public Hearings

Current through June 14, 2024
Hearings before a Referee or the Board of Review shall be
					 open to the public except when the Referee or Board determines that good cause
					 requires otherwise. The Referee or Board may, when appropriate, order witnesses
					 to be sequestered. A Referee or the Board may exclude from any hearing a person
					 whose conduct is disruptive to the interest of justice.
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.12 - Evidence at Referee Hearings

Current through June 14, 2024
At a hearing before a Referee each interested party may
					 present such sworn testimony and other evidence as may be relevant to the
					 issues pending in the matter. Each interested party shall have the right to
					 cross examine witnesses testifying at the hearing. The Referee shall inquire
					 into and develop all facts bearing on the issues and shall receive and consider
					 evidence without regard to statutory and common law rules.
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.13 - Transcripts

Current through June 14, 2024
A record shall be kept of all testimony and proceedings in
					 any appeal pending before a Referee or the Board of Review. Such record may be
					 made by stenographic service or by recording device. Testimony and proceedings
					 shall not be transcribed unless and until an appeal is properly filed from the
					 decision of said Referee or Board. Confidentiality of records shall be in
					 accordance with R.I. Gen. Laws §
										28-42-38.
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.14 - Representation at Hearings

Current through June 14, 2024
Any interested party may be represented at a hearing before
					 a Referee or the Board of Review by a person knowledgeable of, as appropriate,
					 the Unemployment Insurance or Temporary Disability Insurance programs of the
					 State of Rhode Island. A party's representative need not be an
					 attorney.
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.15 - Telephone Hearings

Current through June 14, 2024
At the discretion of the Referee or the Board of Review,
					 one or more interested parties may participate in a hearing by telephone and
					 not in person. All other rules shall apply to such hearings.
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.16 - Reopening by Referee

Current through June 14, 2024
After decision, the Referee may reopen any matter for
					 reason of fraud, mistake, collusion or substantial new evidence or when the
					 interests of justice so require.
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.17 - Appeal from the Referee

Current through June 14, 2024
An interested party aggrieved by a decision of a Referee
					 may appeal said decision by filing a notice of appeal in writing with the Board
					 of Review within fifteen (15) calendar days of the Referee's
					 decision.
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.18 - Hearing Before Board of Review

Current through June 14, 2024
A. In any matter
				 which has not been heard before a Referee a full hearing shall be held before
				 the Board of Review at which hearing each interested party may present such
				 sworn testimony and other evidence as may be relevant to the issues pending in
				 the matter. Each interested party shall have the right to cross examine
				 witnesses testifying at the hearing. The Board of Review shall inquire into and
				 develop all facts bearing on the issues and shall receive and consider evidence
				 without regard to statutory and common law rules.
B. At all other hearings before the Board of
				 Review, the Board may elicit and receive such evidence and argument as it deems
				 appropriate, consistent with the notice of said hearing.
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.19 - Remand by Board of Review

Current through June 14, 2024
A. Any matter
				 pending before the Board of Review may be remanded by the Board to a Referee
				 for hearing, fact finding, decision and/or reconsideration.
B. Any matter pending before a Referee or the
				 Board of Review may be remanded by the Board to the Director for investigation,
				 fact finding, decision and/or reconsideration.
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.20 - Reopening by Board of Review

Current through June 14, 2024
After decision, the Board of Review may reopen any matter
					 for reason of fraud, mistake, collusion or substantial new evidence or when the
					 interests of justice so require.
Rhode Island Code of Regulations › Title 460 - LABOR AND TRAINING BOARD OF REVIEW › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Rules of the Board of Review › Section 460-RICR-00-00-1.21 - Appeal from Board of Review

Current through June 14, 2024
Any interested party aggrieved by a decision of the Board
					 of Review may appeal therefrom by filing a notice of appeal with the District
					 Court, Sixth Division, within thirty (30) days of the Boards decision in
					 accordance with the provisions of R.I. Gen. Laws §
										42-35-15.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.1 - Authority

Current through June 14, 2024
A. This Regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws Chapter 28-7.
1. The public policy of the State of Rhode Island, as it relates to labor relations, is to encourage the practice and procedure of collective bargaining, and to protect employees in the exercise of full freedom of association, self-organization and designation of representatives of their own choosing for the purpose of collective bargaining, or other mutual aid and protection, free from the interference, restraint or coercion of their Employers.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.3 - Meetings of the Board

Current through June 14, 2024
A. Notice of Board Meetings and Proceedings
1. The Board shall give written notice of its regularly scheduled monthly meetings at the beginning of each calendar year. The notice shall include the dates, times, locations, and manner of the meetings.
2. The Board shall give supplemental written public notice of any meeting within a minimum of forty-eight (48) hours excluding weekends and State holidays in the count of hours before the date of the scheduled meeting. The notice shall be filed electronically with the Secretary of State's Office, published on the Board's website at
www.rislrb.ri.gov
, posted at the principal office of the Board, and at least in one (1) other prominent location in the agency. The notice shall include, in addition to the date, time, location, and manner, a statement specifying the nature of the business to be discussed. Pursuant to R.I. Gen. Laws §
											42-46-6(b), nothing contained therein shall prevent the Board from adding additional items to the agenda, by majority vote of the members.
3. That nothing contained herein shall prevent the Board from holding an emergency meeting, upon an affirmative vote of the majority of the members of the Board, when the meeting is deemed necessary. If such an emergency meeting is called, a meeting notice and agenda shall be posted as soon as practicable. The notice shall be filed electronically with the Secretary of State's Office, published on the Board's website at
www.rislrb.ri.gov
, posted at the principal office of the Board, and at least in one (1) other prominent location in the agency.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.4 - Rules of Practice: Appearances of Representatives

Current through June 14, 2024
A. Requirements of Entry
1. All person(s) representing any party or appearing pro se in any proceeding before the Board shall file an Entry of Appearance, five (5) business days prior to any proceeding, 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. Entry of Appearance forms may be obtained on the Board's website at
www.rislrb.ri.gov
.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.5 - Electronic Document Management System (E-Filing)

Current through June 14, 2024
A. Effective Date and Scope
1. This section governs the mandatory electronic filing of all correspondence and documents submitted to the Rhode Island State Labor Relations Board (RISLRB) that are filed on or after January 1, 2016. To the extent the Rules and Regulations in this section are inconsistent with any other administrative rule of the Board, the Rules and Regulations in this section shall govern.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.6 - Required Contents of Pleadings and Other Documents

Current through June 14, 2024
A. Pleadings; Construction
1. All Pleadings shall be liberally construed.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.7 - Miscellaneous Administrative Procedures

Current through June 14, 2024
A. Certification of Documents by Administrator or an Authorized Agent Designated by the Board
1. The Board's Administrator or its Agent, is hereby authorized and empowered to certify copies of all papers or documents, which are a part of any of the files or records of the Board.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.8 - Hearings: General Requirements

Current through June 14, 2024
A. Requirements for Hearings
1. The Board may conduct informal and formal hearings. An informal hearing shall be conducted in accordance with the procedure set forth in §
											1.9     of this Part.
2. A formal hearing, for the purpose of taking testimony upon a Complaint, or upon a Complaint and Answer, or upon a Petition for investigation and certification, shall be conducted by the Board in accordance with §
											1.10     of this Part, if the Complaint or Petition has not been dismissed after investigation and/or informal hearing(s).
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.9 - Informal Hearings

Current through June 14, 2024
A. Notification of Hearings; Written Statements
1. Upon the filing of an Unfair Labor Practice Charge, the parties shall be notified in writing, by the Board's Administrator or its Agent, as to the designated informal hearing process and the associated procedural requirements, in accordance with §
											1.22(F)     of this Part.
2. Upon the filing of a Petition for Investigation of Controversies as to Representation, Petition for Decertification of a Certified Bargaining Representative, or Petition for Unit Clarification and/or Accretion/Exclusion, the Board's Administrator or its Agent will notify the parties in writing, of the date, time, location, and manner of the designated informal conference or hearing, which will be conducted by the Board's Administrator or its Agent.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.10 - Formal Hearings

Current through June 14, 2024
A. Notification of Hearing
1. Upon the issuance of an Unfair Labor Practice Complaint, the matter will be scheduled for formal hearing. The Board's Administrator or its Agent will notify the parties of the date, time, location, and manner of the formal hearing; which is identified within the said Complaint.
2. Parties seeking a postponement, continuance, rescheduling, or cancellation of the formal hearing date, must follow the procedures set forth in §
											1.8(L)(2)     of this Part.
3. Parties requesting a postponement, continuance, rescheduling, or cancellation of the formal hearing date, may be required to pay for the administrative costs associated therewith.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.11 - Procedures at Informal/Formal Hearings

Current through June 14, 2024
A. Order of Presentation of Case
1. In each case, the petitioning party shall present its case first and shall have the burden of establishing its Petition, by a fair preponderance of the credible evidence.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.12 - Parties to Proceedings

Current through June 14, 2024
A. Non-Joinder and Misjoinder of Parties
1. No proceeding under this Act will be dismissed by virtue of non-joinder or misjoinder of parties. Upon Motion of any party, or upon Motion by the Board, or its Administrator or Agent, new parties may be added or substituted, and the parties' misjoinder may be dropped, at any stage of the proceedings, upon such terms as may be deemed just and proper. Such Motions must be made at, or prior to, the first hearing in any such proceeding, unless good and sufficient cause is shown why it could not have been made at such time. Failure so to move shall be deemed a waiver of all objections to a non-joinder or misjoinder.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.13 - Petition for Investigation of Controversies as to Representation: Blanket Requirements

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.14 - Petition for Investigation of Controversies as to Representation: Procedural

Current through June 14, 2024
A. Petition Contents
1. A Petition for Investigation of Controversies as to Representation may be filed by an employee, or his or her representative, or by an Employer. Petition forms may be obtained on the Board's website at
www.rislrb.ri.gov
. The Petition shall include:
a. An indication of whether the Petition is being filed by or on behalf of employees or by an Employer;
b. The name, address, representative, telephone number, and email of both the Employer and the employee organization;
c. Composition of unit to organize;
d. The number of employees in the unit sought; and
e. A list of any other employee organizations known to have an interest in the employees previously described.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.15 - Petition for Decertification of a Certified Bargaining Representative

Current through June 14, 2024
A. Blanket Requirements
1. A Petition for Decertification of a Certified Bargaining Representative may be filed by or on behalf of employees seeking decertification from an employee organization, a Petition by an intervener seeking certification of representatives through the decertification process, or a Petition by an Employer seeking decertification of an existing employee organization.
a. The Petition for Decertification of a Certified Bargaining Representative may be obtained on the Board's website at
www.rislrb.ri.gov
.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.16 - Petition for Unit Clarification: Accretion

Current through June 14, 2024
A. Petition Contents; Sufficiency
1. Either a Union or an Employer may, at any time, file a request to add or "accrete" a position(s) to an existing bargaining unit. Petition forms may be obtained on the Board's website at
www.rislrb.ri.gov
. The request should include:
a. An indication as to whether the Petition is being filed by a labor organization or an Employer;
b. Type of Petition filed, to wit: clarification, accretion or exclusion;
c. The name, address, representative, telephone number, and e-mail of the Employer;
d. The name and address of the certified bargaining agent, Board's certification number, disposition and date of Board certification;
Attached to the Petition for Unit Clarification and/or Accretion/ Exclusion shall be a copy of the appropriate Certification of Representatives, as well as a copy of the Board's Unit Clarification Disposition Record, which may be obtained on the Board's website at
www.rislrb.ri.gov
.
e. Number of employees in the existing unit, number of employees to be accreted into/excluded from existing unit, and number of employees in the proposed unit. If the petitioner is seeking to accrete positions totaling more than twenty percent (20%) of the existing bargaining unit, then cards of interest of at least fifty-one percent (51%) of the employees holding the positions that the petitioner seeks to accrete must accompany the Petition; and the accretion Petition may require that an election (for accretion purposes) be held;
f. The title of each disputed position, name(s) of individual(s) holding the said title(s), and the length of time the incumbent(s) held the position(s) and the date(s) each position was created; and
g. A list of any other employee organization(s) that may claim to represent any of the employees affected by the Petition.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.17 - Petition for Unit Clarification: Exclusion

Current through June 14, 2024
A. Petition Contents; Sufficiency
1. Either a Union or an Employer may, at any time, file a request to exclude positions from an existing bargaining unit. Petition forms may be obtained on the Board's website at
www.rislrb.ri.gov.
The request should include:
a. An indication as to whether the Petition is being filed by a labor organization or an Employer;
b. Type of Petition filed, to wit: clarification, accretion or exclusion;
c. The name, address, representative, telephone number, and e-mail of the Employer;
d. The name and address of the certified bargaining agent, Board's certification number, disposition and date of Board certification; Attached to the Petition for Unit Clarification and/or Accretion/ Exclusion shall be a copy of the appropriate Certification of Representatives, as well as a copy of the Board's Unit Clarification Disposition Record, which may be obtained on the Board's website at
www.rislrb.ri.gov
.
e. Number of employees in the existing unit, number of employees to be accreted into/excluded from existing unit, and number of employees in the proposed unit. If the petitioner is seeking to exclude positions totaling more than twenty percent (20%) of the existing bargaining unit, then cards of interest of at least fifty-one percent (51%) of the employees holding the positions that the petitioner seeks to exclude must accompany the Petition; and the exclusion Petition may require that an election for exclusion purposes be held;
f. The title of each disputed position, name(s) of individual(s) holding the said title(s), and the length of time the incumbent(s) held the position(s) and the date(s) each position was created; and
g. A list of any other employee organization(s) that may claim to represent any of the employees affected by the Petition.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.18 - Affiliation/Merger

Current through June 14, 2024
A. Requirements of Request to Board
1. 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 with the Board:
a. A Petition for Affiliation/Merger of Bargaining Representatives; (Petition forms may be obtained on the Board's website at
www.rislrb.ri.gov
);
b. Cards of interest shall be submitted pursuant to R.I. Gen. Laws §
												28-7-9(b)(1);
c. A copy of the notice of meeting of employees that will take place to discuss and vote on affiliating/merging with the national organization;
d. An Affidavit, signed by a representative of the independent association or organization, which indicates that a majority of the members of the bargaining unit have voted to affiliate/merge. The Affidavit shall set forth the total number of employees in the bargaining unit, and the total number of employees voting for the merger;
(1) The majority of votes must be fifty-one percent (51%) of the total unit, not the total votes;
e. A certified copy of the minutes of the meeting at which the vote to affiliate/merge took place. The minutes of the meeting should reflect the taking of the vote, as well as the results of the vote; and
f. A letter from the national organization requesting the Board to affiliate/merge the two (2) organizations by certification.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.19 - Merger of Two or More Bargaining Units into One Bargaining Unit Within the Same Affiliation

Current through June 14, 2024
A. Required Documentation
1. In order to effectuate a merger of two (2) or more bargaining units within the same affiliation, the requesting party must submit the following documentation:
a. A letter from the affiliation requesting the Board to merge the bargaining units involved, as well as listing all appropriate documentation in support of the request;
(1) The Certification of Representatives, which will be affected by this merger, must be attached to the letter.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.20 - Transfer of Bargaining Units and/or Portions Thereof Within the Same Labor Organization

Current through June 14, 2024
A. Required Documentation
1. In order to effectuate a transfer of an entire bargaining unit, and/or a portion thereof, the requesting party must submit the following documentation:
a. An Affidavit signed by the duly authorized representative, indicating why the parties feel it is appropriate to transfer the bargaining unit, or portion thereof, as well as the titles of positions to be transferred and the number of positions within each title;
b. A Consent Agreement executed between the Union(s) and the Employer indicating the agreement and authorization of the members to transfer, as well as a proposed effective date for the transferred position(s) agreed upon; and
c. The Signature Affirmation Document containing the names, title of positions to be transferred, original signatures and dates, signed in blue ink, of at least fifty-one percent (51%) of the bargaining unit, and/or portion thereof, being transferred. Upon receipt of the Signature Affirmation Document, the Board shall certify the authenticity of the said signatures.
(1) The Signature Affirmation Document shall be submitted along with the Consent Agreement & Affidavit, in accordance with R.I. Gen. Laws §
													28-7-9(b)(1). The Signature Affirmation Document must be in alphabetical order, by last name, with original signatures, signed in blue ink.
(2) The Signature Affirmation Document may not be filed electronically and 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 Consent Agreement & Affidavit.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.21 - Transfer of Bargaining Unit(s) Between National Organizations: Change of Jurisdiction

Current through June 14, 2024
A. Required Documentation
1. In order to effectuate a transfer of an entire bargaining unit based on a change in jurisdiction between national organizations, the requesting party must submit:
a. A letter of intent from the filing national organization;
b. An Affidavit, signed by the duly authorized representative of the national organization, affirming that a Union meeting was held by the existing national organization's bargaining unit members for the purpose of voting to transfer national organizations, that a majority of the members of the bargaining unit have voted for the transfer, and that the existing national organization is granting the transfer;
c. A Consent Agreement executed between the Union(s) and the Employer indicating the authorization and desire of the members to transfer, as well as a proposed effective date for the transferred position(s) agreed upon;
d. The Signature Affirmation Document, containing the names, title of positions to be transferred, original signatures and dates, signed in blue ink, of at least fifty-one percent (51%) of the bargaining unit, and/or portion thereof, being transferred. Upon receipt of the Signature Affirmation Document, the Board shall certify the authenticity of the said signatures.
e. A letter from the current certified national organization approving the transfer of organizations.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.22 - Procedures for the Prevention of Unfair Labor Practices

Current through June 14, 2024
A. Charge; Persons Eligible to File
1. Any person, Employer, or labor organization may make a charge that an individual has engaged in or is engaging in an unfair labor practice. Any person who is a member of a labor organization must first seek to have the labor organization file the Unfair Labor Practice Charge(s) on his or her behalf. Any person who demonstrates that his or her exclusive bargaining agent has refused to file the Charge(s) on the bargaining unit member's behalf shall be permitted to file his or her own Charge, which shall be subject to all the Rules, Regulations, and requirements of this section. Any person filing a Charge directly shall attach to the Charge an Affidavit, which attests to the labor organization's refusal to file.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.23 - Issuance of Unfair Labor Practice Complaint by Board

Current through June 14, 2024
A. Investigative Report Not Part of Complaint
1. The report of the Board's Administrator or its Agent shall not be deemed or considered as part of the Complaint, or a part of the public record as defined in §
											3.4     of this Subchapter.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.24 - Agents and Legal Counsel of the Board

Current through June 14, 2024
A. Powers and Duties of the Administrator
1. The Administrator of the Board, in addition to all powers, hereinabove, conferred upon him or her, is hereby designated by the Board as its Agent:
a. To conduct and be in full charge and control of any and all informal/formal hearing processes and the records thereof;
b. To accept service of Subpoenas Duces Tecum for Board records;
c. In the absence of the Board's Agent, to serve Subpoena(s) or
Subpoena Duces Tecum
issued by the Board, by certified mail, in accordance with §§
												1.10(D) and (E)     of this Part;
d. In the event the Board is without legal counsel for any period of time, to accept service on court summons, Subpoenas, or Complaints, on appeals of Board cases;
e. To oversee the daily operations and responsibilities of the Rhode Island State Labor Relations Board's administrative office, as well as the planning, directing, and management of the staff engaged in the investigations and clerical activities; and to work for and under the direction of the Rhode Island State Labor Relations Board and its Chairperson as required;
f. To do any and all things necessary and proper to effectuate the policies of the Act and these general Rules and Regulations.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 1 - Rhode Island State Labor Relations Board Policies and Procedures › Section 465-RICR-10-00-1.25 - Construction; Amendments; Application of General Rules and Regulations

Current through June 14, 2024
A. Construction of Rules
1. These general Rules and Regulations shall be liberally construed and shall not be deemed to limit the powers conferred upon the Board by the Act.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 2 - Board Members: Code of Ethics (465-RICR-10-00-2) › Section 465-RICR-10-00-2.1 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws Chapter 36-14
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 2 - Board Members: Code of Ethics (465-RICR-10-00-2) › Section 465-RICR-10-00-2.2 - Standard of Conduct

Current through June 14, 2024
Pursuant to R.I. Gen. Laws §
										36-14-5 the Rhode Island State Code of Ethics in Government, Board members shall adhere to the highest standard of ethical conduct, respect the public trust and the rights of all persons, be open, accountable, responsive, avoid the appearance of impropriety, and shall not use their positions for private gain or advantage.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 2 - Board Members: Code of Ethics (465-RICR-10-00-2) › Section 465-RICR-10-00-2.3 - Statement of Conflict

Current through June 14, 2024
Board members shall be required to comply with the mandates of R.I. Gen. Laws §§
										36-14-6 and  36-14-7.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 2 - Board Members: Code of Ethics (465-RICR-10-00-2) › Section 465-RICR-10-00-2.4 - Recusal from Participation

Current through June 14, 2024
When a Board member recuses himself or herself from participating in any case presented to the Board, the member shall file a written recusal with the Board's Administrator, which shall become part of the official record of the proceeding. A copy of the recusal shall also be provided to all parties' representatives of record and the Ethics Commission, and the recusal shall be referenced in the Board's decision in some manner.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 3 - Public Records (465-RICR-10-00-3) › Section 465-RICR-10-00-3.1 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws Chapter 38-2.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 3 - Public Records (465-RICR-10-00-3) › Section 465-RICR-10-00-3.2 - Record of Proceedings Before the Board - Representation Cases

Current through June 14, 2024
The record of the proceedings before the Board in representation cases shall consist of the petition or amended petition, notices of hearing, notices of argument, motions, orders, stipulations, stenographic report, exhibits, decision and direction of election, report upon secret ballot, certificate of fairness, objections thereto, certification of representatives, dismissal, or decision and order.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 3 - Public Records (465-RICR-10-00-3) › Section 465-RICR-10-00-3.3 - Record of Proceedings Before the Board - Unit Clarification Cases

Current through June 14, 2024
The record of the proceedings before the Board in unit clarification cases shall consist of the petition or amended petition and attachments, notices of hearing, investigator's report, responses of parties to investigator's report, notices of argument, motions, orders, stipulations, stenographic report, exhibits, dismissal, or decision and order.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 3 - Public Records (465-RICR-10-00-3) › Section 465-RICR-10-00-3.4 - Record of Proceedings Before the Board - Unfair Labor Practice Cases

Current through June 14, 2024
A. The record of the proceedings before the Board in unfair labor practice cases shall commence with the issuance of the complaint by the Board. The record may consist of the Board's complaint, the pleadings, notices of hearing, notices of argument, motions, orders, stenographic report, exhibits, depositions, findings of fact, conclusions of law, and the decision and order.
B. Upon review of the investigatory process involved in an unfair labor practice charge, for which a determination has been made by said Board that the charge should be administratively dismissed and that no complaint shall issue, the unfair labor practice charge shall not be deemed a public record.
C. If an unfair labor practice proceeding is predicated, in whole or in part, upon a prior representation proceeding, the record of such prior representation proceeding shall be deemed a part of the record in the unfair labor practice proceeding for all purposes.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 3 - Public Records (465-RICR-10-00-3) › Section 465-RICR-10-00-3.6 - Records Retention Schedule; Disposition Schedule

Current through June 14, 2024
A. R.I. Gen. Laws Chapter 38-3 - Public Records Administration Act.
1. The Board's Records Retention/Disposition Schedule was initially approved in January 2001. The Records Retention/Disposition Schedule is indexed within the Department of Labor and Training and is indexed as DLT 1.4.1 through DLT 1.4.4 within the Secretary of State's website at
www.sos.ri.gov
. The Board shall periodically review its records control schedule for any necessary changes.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 3 - Public Records (465-RICR-10-00-3) › Section 465-RICR-10-00-3.7 - Record of Votes

Current through June 14, 2024
A. The approved minutes with a record of all votes taken at all meetings of the Board, listing how each member voted on each issue, shall be a public record and shall be available to the public at the principal office of the Board and on the Board's website at
www.rislrb.ri.gov
, as well as published on the Secretary of State's website, within two (2) weeks of the date of the vote. The drafted minutes shall be available to the public, at the principal office of the Board and on the Board's website at
www.rislrb.ri.gov
, as well as published on the Secretary of State's website, within thirty-five (35) days of the meeting or at the next regularly scheduled monthly Board meeting, whichever is earlier; except where disclosure would be inconsistent with law or where the Board, by majority vote, extends the time for filing of the minutes, and publicly states the reason.
B. The minutes of a closed session shall be made available at the next regularly scheduled meeting; unless a majority of the body votes to keep the minutes closed pursuant to R.I. Gen. Laws §§
										42-46-4 and  42-46-5.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 4 - Procedures for Conduct of Public Hearings (465-RICR-10-00-4) › Section 465-RICR-10-00-4.1 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority granted in R.I. Gen. Laws §
										42-35-2(a)(4).
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 4 - Procedures for Conduct of Public Hearings (465-RICR-10-00-4) › Section 465-RICR-10-00-4.2 - Definitions

Current through June 14, 2024
A. As used in this regulation, the following terms shall be defined as hereinafter set forth:
1. "Member of the Public" means any individual, firm, business, corporation, association, partnership or other group.
2. "Presiding Board Official" means the RI State Labor Relations Board employee conducting the public hearing.
3. "Proposed Rulemaking" means a proposed new rule, proposed amendment to a rule, or proposed repeal of a rule as noticed pursuant to R.I. Gen. Laws §
											42-35-2.7.
4. "Public Hearing" means the convening of members of the public and agency personnel for the purpose of obtaining public comment on a proposed rulemaking.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 4 - Procedures for Conduct of Public Hearings (465-RICR-10-00-4) › Section 465-RICR-10-00-4.3 - Public Participation

Current through June 14, 2024
A. Convening of Public Hearing
1. Public hearings may be held at the election of the Board or as required pursuant to R.I. Gen. Laws §
											42-35-2.8(c).
2. Notice of public hearings shall be issued in accordance with the provisions of R.I. Gen. Laws §§
											42-35-2.8 and  42-46-6.
Rhode Island Code of Regulations › Title 465 - Rhode Island State Labor Relations Board › Chapter 10 - General Rules and Regulations › Subchapter 00 - N/A › Part 4 - Procedures for Conduct of Public Hearings (465-RICR-10-00-4) › Section 465-RICR-10-00-4.4 - Rule Making Initiated by the Board

Current through June 14, 2024
A. The Board shall adopt, amend, or repeal rules pursuant to R.I. Gen. Laws Chapter 42-35.
1. The Board may review its Rules and Regulations, as necessary, or on an annual basis, with any changes to take effect on January 1st of each year.
Rhode Island Code of Regulations › Title 470 - Motor Vehicle Arbitration Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Regulations Governing the Rhode Island Motor Vehicle Arbitration Board › Section 470-RICR-00-00-1.1 - Purpose and Scope

Current through June 14, 2024
A. These regulations are promulgated pursuant to R.I. Gen. Laws §
										31-5.2-7.1 for the enforcement of R.I. Gen. Laws Chapter 31-5.2. These regulations set forth procedures for the implementation of motor vehicle dispute settlement panel(s) within the Rhode Island Motor Vehicle Arbitration Board. The arbitration regulations are designed to promote the speedy, efficient, and fair disposition of disputes arising out of defective, new motor vehicles.
B. These regulations are applicable to:
1. All manufacturers of passenger motor vehicles and motorcycles registered in the State of Rhode Island;
2. All purchases and leases of passenger motor vehicles and motorcycles registered in the State of Rhode Island; and
3. All dealers servicing such vehicles whether their service facilities are located within or outside the State of Rhode Island.