§ 28-7-9. Rules and regulations.
(a) The board shall have 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 that the board prescribes.
(b) The rules and regulations for state and municipal employees shall include, but not
be 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 labor organization so designated. Cards
of interest signed by at least twenty percent (20%) of the employees in the appropriate
bargaining unit shall be 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-day (30) 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 the provisions of § 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
or petitions. Within sixty (60) days of the charges or petition the board shall hold
a formal hearing. A final decision shall be rendered by the board within sixty (60)
days after the hearing on the charges or petition is completed and a transcript of
the hearing is received by the board.
(6) The board shall establish standards for deferring a pending unfair labor practice
charge to allow for the grievance and arbitration process to move forward pursuant
to the charging parties' collective bargaining agreement.
(c) Insofar as the provisions of this section are inconsistent with the provisions of
chapter 11 of title 36 and chapter 9.4 of this title, the provisions of this section are controlling.
(d) The provisions of 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, the unfair labor practices
charge. 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.
(e) The board shall promulgate the appropriate rules and regulations allowing for the
electronic filing of cards of interest, decertification signature cards, signature
affirmation documents, and designation of bargaining agent and waiver of right-to-vote
forms.