465 R.I. Code R. 465-RICR-10-00-1.15

Current through November 7, 2024

Section 465-RICR-10-00-1.15 - Petition for Decertification of a Certified Bargaining Representative

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.

2. A Petition for Decertification of a Certified Bargaining Representative filed by an Employer must be accompanied by evidence that the Employer has a good faith objective basis for doubting that the labor organization continues to represent a majority of the bargaining unit employees.

3. No election for decertification may be conducted and no Petition for Decertification of a Certified Bargaining Representative will be accepted under this section in a bargaining unit within which, in the preceding twelve (12) months, a valid election has been held.

4. No election for decertification may be conducted and no Petition for Decertification of a Certified Bargaining Representative will be accepted when there exists a Collective Bargaining Agreement; provided that the Board may consider such Petition within a thirty (30) day period immediately preceding sixty (60) days prior to the expiration of such Collective Bargaining Agreement.

5. To serve as a "bar" to decertification, the contract must:

a. Be in writing and be signed by the Employer and the labor organization;

b. Address substantial terms and conditions of employment; and

c. Exist for a definite duration.

6. No election for decertification shall be conducted for "partial" bargaining units, even in situations where changed circumstances may indicate that the originally certified unit is no longer appropriate.

7. The Board shall require the petitioning party to submit Decertification Signature Cards with original signatures, by at least thirty percent (30%) of the employees in the said bargaining unit, indicating a desire to decertify from the designated labor organization.

a. Employees signing the Decertification Signature Cards shall only complete the top half of said card of interest pertaining to decertification.

8. The filing of a Petition for Decertification of a Certified Bargaining Representative, by an employee, Employer, or an intervening employee organization does not relieve an Employer from the responsibility to bargain with the existing labor organization during the said process.

B. Intervening Employee Organization Requirements

1. An intervening labor organization petitioning to succeed the incumbent employee organization as an intervener seeking certification of representatives through the decertification process on behalf of the said employees involved, shall submit a Petition for Decertification of a Certified Bargaining Representative.

2. The intervening labor organization shall submit Decertification Signature Cards with original signatures, by at least thirty percent (30%) of the employees in the said bargaining unit, indicating a desire to:

a. Decertify from the incumbent labor organization; and

b. Certify with the intervening labor organization.

(1) Decertification Signature Cards must be completed in their entirety.

C. Petition Contents

1. The Petition shall include:

a. An indication of whether the Petition is being filed by or on behalf of employees, intervener, or by an Employer;

b. The name, address, representative, telephone number, and email of the Employer;

c. The name, address, representative, telephone number, and email of the employee organization;

d. The name, address, representative, telephone number, and email of other employee organization(s) known to have interest in the said employees;

e. Composition of current certified unit for decertification; and

f. The number of total employees in the current unit to be decertified, certification number, date certified, copy of current certification of representatives, expiration date of most recent Collective Bargaining Agreement.

D. Certification of Decertification Signature Cards

1. Upon receipt of a Petition for Decertification of a Certified Bargaining Representative, the Board shall certify the authenticity of all Decertification Signature Cards submitted as outlined in R.I. Gen. Laws § 28-7-9(b)(1). 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 Decertification Signature Cards is of a confidential nature and the disclosure of the names of the interested parties will not be revealed.

a. The Decertification Signature Cards must be in alphabetical order, by last name. Only Decertification Signature Cards with original signatures, shall be accepted. The date of the signatures must be within one (1) year of the date on which the Petition is filed. Decertification Signature Cards may be obtained on the Board's website at www.rislrb.ri.gov.

b. The Decertification Signature Cards submitted in any proceeding before the Board, may not be filed electronically. All said Decertification Signature Cards 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.

E. Decertification Election Process

1. The procedures for the decertification election process, alleging that the members of a bargaining unit no longer wish to be represented by the labor organization presently representing them, shall be regulated by the same Rules and Regulations, as applicable and appropriate, as those contained under §§ 1.13 and 1.14 of this Part.

F. Outcomes of the Decertification Election Process

1. Upon conclusion of the decertification election process, should the election vote result in a tie vote or a failure to decertify the incumbent, the incumbent shall remain the certified representative of the bargaining unit.

2. Upon conclusion of the decertification election process, should the election vote result in a majority vote of no Union by the voters participating, the current Certification of Representatives shall no longer be in effect and the bargaining unit shall be deemed decertified.

3. Upon conclusion of the decertification election process, should the intervening labor organization obtain a majority vote of the participating voters, the intervening labor organization shall automatically become the certified representative of the bargaining unit immediately upon the effective date of decertification of the incumbent. There shall be no break in the representation status of the bargaining unit during the transition from the incumbent to the newly certified intervening labor organization.

G. Notification of Board's Actions

1. The Board, upon the completion of the election, shall certify to the parties, five (5) business days thereafter, either a:

a. Notice and Dismissal Order - as a result of a tie vote, or failure to decertify the bargaining unit; or

b. Notice and Decertification of Representatives - as a result of the incumbent labor organization losing majority support; or

c. Notice and Decertification of Representatives/Certification of Representatives - as a result of the intervening organization winning the majority support of the participating voters.

465 R.I. Code R. 465-RICR-10-00-1.15

Amended effective 2/1/2021