§ 28-7-9 - Rules and regulations.
SECTION 28-7-9
§ 28-7-9 Rules and regulations. – (a) The board shall have authority from time to time to make, amend, andrescind any rules and regulations that may be necessary to carry out theprovisions of this chapter including the determination of the life of theselected representatives. The rules and regulations shall be effective uponpublication in the manner which the board prescribes.
(b) The rules and regulations for state and municipalemployees shall include, but not be limited to, the following:
(1) The board shall require a labor organization to submitcards of interest signed by at least thirty percent (30%) of the employees inthe appropriate bargaining unit indicating a desire to be represented by thelabor organization so designated. Cards of interest signed by at least twentypercent (20%) of the employees in the appropriate bargaining unit shall berequired to intervene. The board shall certify the authenticity of all cards ofinterest submitted.
(2) The board shall not consider a petition forrepresentation whenever it appears that a collective bargaining agreement is inexistence; provided, that the board may consider a petition within a thirty(30) day period immediately preceding sixty (60) days prior to the expirationdate of the collective bargaining agreement.
(3) A petition for unit clarification may be filed at anytime 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, theboard is empowered to order complete relief upon a finding of any unfair laborpractice.
(5) All charges of unfair labor practices and petitions forunit classification shall be informally heard by the board within thirty (30)days upon receipt of the charges. Within sixty (60) days of the charges orpetition the board shall hold a formal hearing. A final decision shall berendered by the board within sixty (60) days after the hearing on the chargesor petition is completed and a transcript of the hearing is received by theboard.
(c) Insofar as the provisions of this section areinconsistent with the provisions of chapter 11 of title 36 and chapter 9.4 ofthis title, the provisions of this section are controlling.
(d) The provisions of this section shall not be construed toprevent or limit the board or its agents by direction of the board, consistentwith published rules and regulations, from dismissing, after investigation andinformal hearings, the unfair labor practices charge. All unit classificationpetitions shall receive a formal hearing if requested by either party. Theboard or its agents shall maintain a written record of any dismissals.