465 R.I. Code R. 465-RICR-10-00-1.14

Current through December 3, 2024

Section 465-RICR-10-00-1.14 - Petition for Investigation of Controversies as to Representation: Procedural

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.

2. Cards of interest shall be submitted along with the Petition pursuant to R.I. Gen. Laws § 28-7-9(b)(1); the cards of interest must be in alphabetical order, by last name. Only cards of interest with original signatures shall be accepted.

3. Cards of interest submitted in any proceeding before the Board may not be filed electronically. All cards of interest 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 Petition.

B. Certification of Authenticity of Cards of Interest

1. Upon receipt of a Petition for Investigation of Controversies as to Representation, the Board shall certify the authenticity of all cards of interest submitted as outlined in R.I. Gen. Laws § 28-7-9(b)(1). Only cards of interest with original signatures shall be accepted. A copy of the Petition and any attachments will be provided to the Employer prior to the scheduling of the card confirmation. The process of certifying the authenticity of the cards of interest is that of a confidential nature and the disclosure of the names of the interested parties will not be revealed.

2. All cards of interest signed and submitted with the Petition for Investigation of Controversies as to Representation must be signed within a one (1) year period prior to the filing of the Petition.

C. Determination of Representatives; No Contest; Process

1. Subject to the approval of the Board, the parties to a representation proceeding may waive an informal hearing and agree on a method by which the Board shall determine the question of representation, to wit: Agreement for Consent Election or Agreement for Consent Election by Comparison of Signatures.

a. Agreement for Consent Election

(1) Where a Petition for Investigation of Controversies as to Representation has been filed, the Employer, employee organization, or person(s) representing a substantial number of employees involved, and any intervener(s), which have submitted the required showing of interest may, subject to the approval of the Board, enter into a stipulation for the waiving of the informal hearing and commence the consent election process. Such stipulation shall be in the form of an Agreement for Consent Election, which must be executed by the appropriate representatives of the Employer and the employee organization(s).

(2) No Agreement for Consent Election shall be executed for the filing of a Petition for Investigation of Controversies as to Representation, if the parties of interest cannot agree on the inclusion of said positions constituting in number more than ten percent (10%) of the proposed bargaining unit. If more than ten percent (10%) of the positions shall be contested, an informal hearing shall commence.

(3) The matter shall then be scheduled before the Board, as soon as practicable, for determination on how to proceed with the contested position(s). If the Board establishes that further investigation of the contested position(s) in question is to proceed, the matter shall be expedited. The Board, subsequent to the formal hearing(s), shall resolve the determination of eligibility of the position(s) in dispute.

b. Agreement for Consent Election by Comparison of Signatures

(1) Where a Petition for Investigation of Controversies as to Representation has been filed and it is not the Employer's intention to challenge the representation of the proposed bargaining unit, the parties shall enter into an Agreement for Consent Election by Comparison of Signatures, which shall be conducted by the Board, through its Administrator or Agent.

(2) The Designation of Bargaining Agent and Waiver of Right to Vote forms, signed by at least fifty-one percent (51%) of the employees in the proposed bargaining unit, submitted in any proceeding before the Board, may not be filed electronically.

(3) All said Designation of Bargaining Agent and Waiver of Right to Vote forms 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 Petition.

(4) All said Designation of Bargaining Agent and Waiver of Right to Vote forms must be in alphabetical order, by last name. Only said forms with original signatures shall be accepted.

(5) Designation of Bargaining Agent and Waiver of Right to Vote forms may be obtained on the Board's website at www.rislrb.ri.gov.

(6) When proceeding under an Agreement for Consent Election by Comparison of Signatures, the parties are deemed to have waived their statutory right to an informal hearing and other consent election processes.

(7) Upon the parties' joint submission of an Agreement for Consent Election by Comparison of Signatures, the Board shall certify to the parties, five (5) business days thereafter, a Certification of Representatives for the designated bargaining unit. The Certification of Representatives issued after completion of the Consent Election by Comparison of Signatures process, shall not be subject to decertification for a one (1) year period immediately following the Board's certification.

D. Contested Elections; Investigation; Ascertainment of Desires of Employees; Hearing; Notice

1. Where a Petition for Investigation of Controversies as to Representation has been filed and the Employer, employee organization, or person(s) representing a substantial number of employees involved, or any intervener(s), which have submitted the required showing of interest, challenges more than ten percent (10%) of the positions sought, an informal hearing shall commence. The matter shall then be scheduled before the Board, as soon as practicable, for determination on how to proceed with the contested position(s).

2. In the course of its investigation of a question or controversy concerning representation, the Board may instruct its Agent to conduct an investigation of the challenged position(s), proceed to formal hearing upon due notice, or may direct an election, or use other suitable methods to ascertain the wishes of employees, either in conjunction with a proceeding instituted under the Act, or otherwise.

3. Upon completion of the investigation process, the Agent shall provide a written investigative report to the parties.

a. Upon receipt of the Agent's report, each party shall have a period of thirty (30) days from the date of mailing to file any written responses or statement it deems appropriate, under the circumstances.

b. The Board's Administrator shall have the discretion, upon good cause shown, to grant one (1) extension of the date for filing a response. All requests for filing extensions must be made no later than five (5) business days prior to the filing date, in writing, and should be by agreement of the parties.

c. Any party filing a response to the Agent's report must submit an original, signed in blue ink, to the Board's office, and must submit a copy to the opposing party(s), with a copy (Cc) to the Board's Administrator and must certify the same therein.

d. At the end of this thirty (30) day response period, the record of proceedings shall be closed, and the case shall be referred to the Board for its consideration. The Agent's report and the responses of the parties shall be considered as, and included within, the public record on the matter.

4. If upon review of the submission of the investigative report, as well as the responses to the report from either or both parties, the Board determines that there were no objections stated by either or both parties, the Board's Agent may proceed with an administrative Direction of Election; an election by secret ballot, under the supervision of the Board or its Agent, at a date, time, location, and in such a manner to be determined by the Board's Administrator or its Agent. An informal conference shall commence to determine all aspects of said election process.

5. However, if upon review of the investigative report, there remains a challenge to the election, the Board may order additional investigation, direct an election, proceed to formal hearing or grant or deny the requested action.

6. When a formal hearing has been directed, the Board, its Administrator or Agent, shall prepare, and cause to be served upon the parties, a notice of hearing before the Board, at a date, time, location, and in such a manner fixed therein. A copy of the Petition shall be served with the notice of hearing.

E. Elections: Terms and Conditions

1. If the Board determines, as a part of its investigation of a question or controversy concerning representation, that an election by secret ballot shall be held, it shall provide that such election be conducted by an Agent of the Board at a date, time, location, and in such a manner, and upon terms or conditions, as the Board may deem appropriate.

2. Every effort shall be made to schedule the election to reasonably accommodate all work shifts. All individuals eligible to vote must be present to vote; there shall be no submission of an absentee ballot for individuals unable to be present for the election. The contents of this provision will have no application to elections conducted by mail balloting.

F. Observer Notification; Who may observe; Role of Observers

1. Each party to the election process may elect to be represented during the conduct of the election. Upon determination by the parties to have an observer(s) present, the parties must submit written notification of the name(s) of the observer(s), to the Board's office no later than five (5) business days prior to the date of the election, in accordance with § 1.5 of this Part. Copies must be sent to all other parties, with a copy (Cc) to the Board's Administrator and must certify the same therein. Failure to provide the appropriate written notification, as outlined above, may result in a party being denied the opportunity to have an observer(s) present at the election.

2. Observers shall be employees of the Employer. An Employer's observer shall not be a supervisor or manager of the employees. A Union official may serve as an observer if he or she is also an employee of the Employer.

3. The observer's role is to represent their parties during the election process by carrying out the fundamental functions of challenging voters and monitoring the election process. The observer shall also assist the Board's Agent in the conduct of the election.

G. Prohibited Election Conduct

1. No electioneering (campaigning) will be permitted on the day of the election in the building or other facility where the balloting is taking place, or within two hundred feet (200') of said building or other facility. In the event that any party shall engage in prohibited conduct, as ascertained by the Board or its staff, the Board shall reschedule said election; and the party, which has engaged in the prohibited conduct, shall be responsible for all costs associated with the rescheduling.

2. Failure by the Employer to allow the posting of the Notice of Election by the Board's Agent at least five (5) business days prior to the election pursuant to R.I. Gen. Laws § 28-7-40.

3. A promise of or an award by the Employer upon any employee, of any benefit not required by contract or law which would tend to influence the outcome of an election.

4. Unlawful polling.

5. Any other conduct that would tend to interfere with, restrain, or coerce employees from exercising their rights to participate in elections, pursuant to R.I. Gen. Laws § 28-7-46.

H. Challenged Ballots

1. During an election, the Board's Agent, or an observer, has the right to challenge the eligibility of any person to vote in the election.

2. A Board's Agent is required to challenge votes where the voter's name does not appear on the eligibility list, or when the Agent has reason to believe that the voter is ineligible to vote, even if the observer(s) do not challenge the same.

3. The reason for each challenge must be stated before the actual casting of the ballots and, wherever practicable, should be stated before the voter(s) receive(s) a ballot.

4. During an election, whether ordered by the Board or held by the consent of the parties, if the right of an employee to vote is challenged, the employee shall be permitted to vote, but his or her ballot shall be sealed, by him or her, in a separate envelope provided for such purpose, and the employee shall deliver the envelope to the Agent, or person duly designated by the Board to conduct the election. The Agent shall then deliver the challenged ballot to the Board for determination; however, if the challenged ballots are insufficient in number to affect the result of the election, no determination with respect to them shall be made.

I. Determination of the Scope of the Bargaining Unit

1. In a contested case, the Board's task is to determine "an" appropriate unit, not the "most" appropriate unit.

2. The petitioning party has the burden of defining an appropriate unit.

3. The burden to show that the unit is inappropriate falls to the objecting party.

4. Bargaining units will be decided on the basis of whether or not the particular employees share a "community of interest", as well as determining a unit that has a direct relevancy to the circumstances in which collective bargaining is to take place. In applying the "community of interest" standard, the Board may consider a number of criteria including, but not limited to those factors set forth in the definition of "community of interest" in § 1.2(A)(11) of this Part.

5. The Board has significant discretion in determining the scope of a bargaining unit and can decide, in each instance, what weight shall be applied to the various criteria. There is no set formula for determining the proper scope of a bargaining unit.

J. Board Determination of Exclusion of Ineligible Employees

1. The Board shall, whenever requested or required to do so, in each instance, determine who are managerial, supervisory, administrative, confidential, casual, and seasonal employees, as these terms are defined in § 1.2 of this Part.

K. Tie Vote; No Union Representation Elections

1. Where the ballot provides for a choice among one (1) employee organization and a "no Union" representation, and the election process results in a tie vote or the "no Union" representation receives a majority of the votes, a Dismissal Order shall be issued indicating that the employee organization did not receive a majority of the votes cast; thus, resulting in a dismissal of the election Petition.

L. Re-Run and Run-Off Elections

1. The Board may declare an election invalid and may order another election providing for a selection from the choices afforded in the previous ballot, or may order a run-off election, in the following situations:

a. The ballot provided for a choice among two (2) or more employee organizations and "no representation"; and the votes cast are equally divided among the several choices;

b. The number of ballots cast for one (1) choice in an election is equal to the number cast for another choice, but less than the number cast for the third (3^rd) choice (which did not receive a majority of valid votes cast);

c. The ballot provided for a choice among two (2) or more employee organizations and "no representation"; and no one (1) choice receives a majority of the votes cast, a run-off election will be held among the top two (2) vote-getters, pursuant to R.I. Gen. Laws § 28-7-18; and

d. A run-off ballot provided for a choice between two (2) employee organizations, and the votes are equally divided.

2. If the Board concludes that the results of the prior election are invalid due to objectionable conduct of the election, or objectionable conduct affecting the results of the election, the Board may exercise this option, sua sponte.

M. Procedure Following Elections; Objection to Election Process and/or Report Thereon

1. Upon the conclusion of any election, the Board or its Agent, duly designated by the Board to conduct the election, shall prepare a report as to the result of the election; and in cases where the right of an employee to vote has been challenged, and the challenged ballots are sufficient in number to affect the result of the election, the report shall contain a plain statement of the grounds for the challenge. The Board shall cause this report to be served upon the parties.

2. Within five (5) business days thereafter, any party may serve upon all other parties, and file with the Board (with proof of service) an original, signed in blue ink, of the objection(s) to the election or to the report thereon. The objection(s) shall contain a concise statement of the facts constituting the grounds of the objection(s). The Board may direct oral argument to be heard before it, or, with or without a hearing, make a determination with respect to the objection(s) before it.

N. Certification of Representatives; Life of; Exceptions

1. The Board, upon the completion of the election process, shall certify to the parties, five (5) business days thereafter, either a Certification of Representatives for the designated bargaining unit or a Dismissal Order, based upon the outcome of the election process.

2. When a representative has been certified by the Board as having been designated or selected, such certification shall remain in effect for one (1) year from the date thereof, and thereafter, or until such time as the Board is made aware that the certified representative does not represent a majority of the employees within an appropriate unit.

3. In any case where unusual or extraordinary circumstances require such action, or where probable cause is shown that such action may be necessary to prevent the occurrence or continuation of an unfair labor practice, the Board, in its discretion, may shorten or extend the life of the original certification. If the Board finds that, during the life of a certification, the Employer has refused to bargain collectively with the certified representative, the time of the continuance of such refusal to bargain shall not be a part of the time limited in computing the life of the certification.

O. Challenged Position(s) During the Election Process; Procedure after Election Process

1. Upon receipt of the Certification of Representatives, either party shall have a period of thirty (30) days from the date of electronic transmission (email) of the Certification of Representatives, to file a written letter of request for formal hearing of any or all challenged position(s) in question. Said request shall be served upon all other parties and filed with the Board (with proof of service). The letter of request shall state the correct title(s) of the position(s) for which said formal hearing is being requested.

P. Blocking Charge Bar to Elections - General Rule

1. While there is an Unfair Labor Practice Charge pending before the Board, or before the Court, the Board generally will not entertain a Petition for Investigation of Controversies as to Representation by any labor organization, or any individual, until the Unfair Labor Practice Charge has been finally resolved. However, where an Unfair Labor Practice Charge is filed too late to permit a proper investigation before a scheduled election, the Board or its Administrator may:

a. Postpone the election;

b. Conduct the election and impound the ballots; or

c. Conduct the election, and then proceed to investigate.

Q. Exceptions to the Blocking Charge Bar to Elections

1. The Board will normally proceed with the election, if the party who filed the Charge so requests. However, the Board may refuse to conduct the election if, in the Board's view, the conduct complained of could have an impact on the employees' exercise of their free choice in the election. The Board will consider the following factors when deciding whether to proceed with a representation case once an Unfair Labor Practice Charge has been filed:

a. The length of time the representation proceeding has been pending;

b. The employees in the unit have been without an election;

c. Whether any previous Charges based upon the same unlawful conduct have been dismissed;

d. The timing of the filing of the Charge in relation to the date for election;

e. The presence of a strike; and

f. Any past practice to the effect that the charging party has used an unfair labor practice as a tactic to delay a representation proceeding.

2. The Board may also decide to proceed, even in the absence of a request, if it determines that a fair election can be held.

3. If the Unfair Labor Practice Charge is found to have merit, the Board will make a determination as to whether the alleged unlawful conduct would affect the election; if so, the Petition will generally be held in abeyance until the Unfair Labor Practice Charge has been resolved.

4. If the Unfair Labor Practice Charge is dismissed, after investigation, the "block" is removed, and the election may proceed.

R. Mail Balloting Elections - Blanket Requirements

1. Conduct of Election

a. The voting procedures used in a mail balloting election must preserve the integrity and confidentiality of the ballots to the utmost extent possible. The procedures established as defined in § 1.14(R) of this Part, must be followed unless the parties obtain the written consent of the Administrator or its Agent of the Board.

b. Upon receipt of the election mail ballots from the United States Postal Service (USPS), the Administrator or its Agent of the Board will retain all mail ballots in a secured and locked location until the day of the ballot count.

c. The procedures for the mail ballot election process shall be regulated by the same Board Rules and Regulations as applicable and appropriate to those contained under §§ 1.13 and 1.14 of this Part.

2. Content

a. Contents - Each voter mailing will contain:

(1) Notice of Election;

(2) Voter List;

(3) Letter of Instructions to the Voter;

(4) Mail Ballot; and

(5) Three (3) Mail Ballot Submission Envelopes.

b. Notice of Election: The Notice of Election shall contain the date and purpose of election, eligibility and lists of voters, the date the ballots were required to be mailed by, information regarding authorized observers, the date, time, location, and the manner of the counting of ballots, Regulations regarding interference, coercion, and electioneering, a sample of the official ballot, and R.I. Gen. Laws § 28-7-40, which regulates the said election process. The purpose of the notice is to inform the voters of all necessary information regarding the voting process.

c. Voter List: The Voter List will contain all the names of the eligible voters, in alphabetical order, by last name, for viewing by the voters prior to the election process.

d. Letter of Instructions to the Voter: The instructions will delineate how to use the ballot for voting and the procedures for returning said ballot with a secure outcome.

e. Mail Ballot: The mail ballot will list the appropriate bargaining representative(s) involved in said election process, as well as the ability to vote for "no Union". Instructions as to filling out the ballot are also listed on said ballot.

f. Three (3) Mail Ballot Submission Envelopes:

(1) Envelope #1 labeled "Secret Ballot Envelope"; Envelope #2 labeled "Print Signature/Signature/Address"; and Envelope #3, a pre-paid postage envelope labeled with the "Rhode Island State Labor Relations Board's" name, address, and return address.

(2) Mail Ballot Submission Envelopes - Instructions Envelope #1 labeled "Secret Ballot Envelope" will be used for the voter to place their ballot into after voting and then seal the envelope. Envelope #2 labeled "Print Signature/Signature/Address" will be used for the voter to place the "Secret Ballot Envelope" into after sealing the small envelope. Once the ballot envelope is placed inside, the voter will then seal that envelope, print their name, sign the envelope on the appropriate lines and write the voter's address in the designated location. Once Envelope #2 is completed, the voter will then place that envelope into the final pre-paid postage Envelope #3 labeled with the "Rhode Island State Labor Relations Board's" name and address, and then seal the envelope and mail.

3. Compliance

a. Should one (1) of the following items pertaining to the submission of mail ballots occur, the mail ballot shall be disqualified and not be counted:

(1) The "Secret Ballot Envelope", containing the mail ballot is submitted to the Board unsealed;

(2) Identity requirements on the "Print Signature/ Signature/ Address Envelope" not satisfied; or destruction of any identifying mark on said envelope, causing the signature area to become illegible;

(3) Mail ballots not received at the office of the Board, on or before the stated date of return, date stamped by 3:00 p.m., shall constitute said ballot ineligible;

(4) Mail ballots that have been marked with more than one (1) choice, which do not clearly reveal the intent of the voter, or which has any other writings on said ballot; and

(5) Any other occurrence that may come into question, which could cause the mail ballot to become a "voided" ballot.

b. Ballot harvesting as defined in § 1.2(A)(5) of this Part is strictly prohibited; and if discovered or learned will result in the disqualification of all harvested ballots.

4. Challenges

a. All challenges to the mail ballot election process, which are based on or concern the identity of the voter or voter eligibility, may be disputed by any party, as applicable. Said challenges shall be declared prior to the removal of the "Secret Ballot Envelope" from the "Print Signature/Signature/Address" Envelope #2. Once the "Secret Ballot Envelope" is removed from Envelope #2, no challenge to the mail ballot will be allowed or accepted by the Board.

b. Should an employee contact the Board informing them that his or her name does not appear on the Voters List and he or she believes that he or she should be allowed to vote, the Administrator or its Agent of the Board will contact the representatives of each party requesting clarification. If it is asserted by either of the party's representatives that he or she believes said employee should be allowed to vote, the employee will be notified by the Board, sent a packet, and allowed to vote; however, the ballot shall be challenged, as in accordance with the Board's Rules and Regulations, § 1.14(H) of this Part.

c. Should an employee contact the Board indicating that he or she never received a packet and his or her name is listed on the Voting List, the Board will send out a duplicate packet; however, in the event both the original and duplicate ballots are received separately by the Board, only the first (1^st) ballot received will be counted. If both ballots are returned in one (1) envelope, both ballots will be challenged.

d. All ballot challenges shall be regulated by the same Rules and Regulations as applicable and appropriate as those contained under § 1.14(H) of this Part.

S. Mail Ballot Elections - Procedural

1. Petition Content; Cards of Interest; Informal Conference

a. All Petition contents, as well as the certification of the cards of interest shall be regulated by the Board's Rules and Regulations § 1.14(A) of this Part.

b. Upon the certification of the cards of interest, in accordance with § 1.14(B) of this Part, the Board shall convene an informal conference to set the ground rules for the mail ballot election process through an Agreement for Consent Election.

2. Requirements of the Employer - Informal Conference

a. At least five (5) business days prior to the convening of the informal conference, it shall be the responsibility of the Employer's representative to submit the Excelsior List to all parties of record;

(1) Said document shall be electronically filed (e-filed) in accordance with § 1.5 of this Part, as well as electronically transmitted (e-mailed) to the opposing party by means of a secure transmission, with a copy (Cc) to the Board's Administrator and must certify the same therein, upon conclusion of the electronic filing to the Board.

b. Upon conclusion of the informal conference, the Employer shall submit to the Board a complete listing of the voter's names and addresses, in label layout form. (Label size (2x4)).

(1) Said document shall be electronically filed (e-filed) in accordance with § 1.5 of this Part.

3. Overview of Election Material and Procedures

a. The Administrator or its Agent of the Board shall mail to each eligible voter an election packet with the noted contents listed in § 1.14(R)(2)(a) of this Part:

(1) Said mailing as referenced in § 1.14(S)(3)(a) of this Part shall be at least fifteen (15) business days prior to the mail ballot election process due date. This timeframe shall permit the voter adequate time to receive and return the ballot by said noted filing deadline.

(2) Should an employee report that he or she has not received the voter packet, or said ballot was invalidated, said employee should contact the Board as soon as possible for determination on how to proceed.

b. Concurrently, the Administrator or its Agent of the Board shall electronically transmit (email) a copy of the Notice of Election and Voters List to the Employer's representative for their records, as well as:

(1) Posting of said Notice of Election and Voters List in a visible location on the homepage of the Employer's website and in a conspicuous location visible to all voting employees within the facility. (i.e. Union bulletin board; employee breakroom). Upon posting of said notice, the Employer's representative shall complete the Employer's Certificate of Posting (enclosed with said documents) and electronically file (e-file) said document in accordance with § 1.5 of this Part.

c. Subsequently, the Administrator or its Agent of the Board shall electronically transmit (email) a copy of the Notice of Election and Voters List to the petitioner's representative for their records.

d. The Notice of Election and the Voters List shall also be posted on the Board's website at www.rislrb.ri.gov.

4. Voter Return

a. Mail ballots shall be submitted in accordance with § 1.14(R)(2)(f) ((2)) of this Part, by the stated date of return, as noted in the Letter of Instructions to the Voter.

b. Should the Board receive returned mail ballots, marked undeliverable, unknown addressee, or for any other reason, the parties shall be contacted by the Administrator or its Agent of the Board as to the return. It will then be the party's responsibility to acquire a correct name and address, if applicable, as soon as possible. Upon receipt, by the Administrator or its Agent of the Board, of the returned ballot, said ballot will be held and marked returned.

5. Ballot Receipt; Verification; Ballot Tabulation

a. Upon receipt of each mail ballot, the Administrator or its Agent of the Board will timestamp each envelope at time of receipt in the Board's office, and then place said mail ballot in a secure and locked location, in order to preserve the integrity and confidentiality of the ballots, until the tabulation of the vote occurs.

b. On the previously determined date and time of election, the Administrator and/or its Agent will collect said secured ballots for tabulation. The Administrator and/or its Agent, along with the party's observers, if any, will then authenticate and validate said voter's submission by:

(1) The timestamp of the Rhode Island State Labor Relations Board on Envelope #3;

(AA) Upon authentication and validation of Envelope #3, Envelope #2 will be removed from Envelope #3 and Envelope #3 will then be discarded;

(2) Comparing the name and the address listed on Envelope #2 with the Excelsior List;

(AA) Upon authentication and validation of Envelope #2, Envelope #1 will be removed from Envelope #2 and Envelope #2 will then be discarded. Envelope #1 will then be placed into a secure location until all envelopes are authenticated and validated;

(BB) Once the "Secret Ballot Envelope" is removed from Envelope #2, no challenge to the mail ballot will be allowed or accepted by the Board; and

(3) All "Secret Ballot Envelopes" shall then be opened, the ballots removed and counted at random, and the results recorded as regulated in accordance with the Board's Rules and Regulations, as applicable and appropriate, as those contained under §§ 1.13 and 1.14 of this Part.

465 R.I. Code R. 465-RICR-10-00-1.14

Amended effective 2/1/2021