§ 28-9.3-7. Certification of negotiating agent.
(a) No association or organization shall be initially certified as the representative
of certified public school teachers except after an election.
(b) Teachers shall be free to join or to decline to join any association or organization
regardless of whether it has been certified as the exclusive representative of certified
public school teachers.
(c) If new elections are not held after an association or labor organization is certified,
the association or organization shall continue as the exclusive representative of
the certified public school teachers from year to year until recognition is withdrawn
or changed as provided in § 28-9.3-5.
(d) Elections shall not be held more often than once each twelve (12) months and must
be held at least thirty (30) days before the expiration date of any employment contract.
(e) Any employees in the bargaining unit, who are not members of the exclusive bargaining
representative organization, may be required by the labor or employee organization
to pay a reasonable charge for representation in grievances and/or arbitrations brought
at the nonmember's request.
(f) The employer shall notify the exclusive bargaining unit representative organization
of the hiring of any employee in the bargaining unit. The notice shall be given promptly
after the hiring decision is made but in no event later than the fifth business day
following the employee's start date.
(g) Bargaining unit lists.
(1) Once every one hundred twenty (120) days, or on a more frequent basis if mutually
agreed to by the employer and the employee organization, the employer shall provide
the employee organization that is the exclusive representative of a bargaining unit,
and any statewide employee organization, of which the local employee organization
is an affiliate, with a list of all employees in that bargaining unit.
(2) The list shall include, as appropriate, each employee's employee ID number, first
name, last name, work location/department, job title/classification, date of hire,
date of birth, demographic information, contact information, and whether the employee
has, to the employer's records, authorized dues deduction. As used in this section,
"demographic information�, includes the employee's sex and race/ethnicity, to the
extent the employer is in possession of such information. As used in this section,
"contact information� includes an employee's home address, mailing address, work email
address, personal email address, and home and personal cellular telephone numbers,
to the extent that the employer is in possession of such information.
(3) To the extent possible, the employee list shall be in alphabetical order by last name
and provided as an electronic spreadsheet with one column for each of the data listed
in subsection (g)(2) of this section.
(4) The list shall be kept confidential by the employer and the employee organization
and shall be exempt from copying and inspection under chapter 2 of title 38 ("access to public records�).