Section 465-RICR-10-00-1.18 - Affiliation/MergerA. Requirements of Request to Board 1. Employees represented by an independent labor organization or association may seek to affiliate/merge with a national organization while a contract is in existence by filing with the Board: a. A Petition for Affiliation/Merger of Bargaining Representatives; (Petition forms may be obtained on the Board's website at www.rislrb.ri.gov);b. Cards of interest shall be submitted pursuant to R.I. Gen. Laws § 28-7-9(b)(1);c. A copy of the notice of meeting of employees that will take place to discuss and vote on affiliating/merging with the national organization;d. An Affidavit, signed by a representative of the independent association or organization, which indicates that a majority of the members of the bargaining unit have voted to affiliate/merge. The Affidavit shall set forth the total number of employees in the bargaining unit, and the total number of employees voting for the merger;(1) The majority of votes must be fifty-one percent (51%) of the total unit, not the total votes;e. A certified copy of the minutes of the meeting at which the vote to affiliate/merge took place. The minutes of the meeting should reflect the taking of the vote, as well as the results of the vote; andf. A letter from the national organization requesting the Board to affiliate/merge the two (2) organizations by certification.2. 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. The cards of interest must be in alphabetical order, by last name. Only cards of interest with original signatures shall be accepted.B. Action by Board 1. Upon receipt of a Petition for Affiliation/Merger of Bargaining Representatives, the Board's Administrator or its Agent shall notify the Employer of the request to affiliate/merge. The Board shall certify the authenticity of the cards of interest, as well as verifying the number of employees in the current bargaining unit. A copy of the Petition and any attachments will be provided to the Employer prior to the scheduling of the card confirmation. The Employer shall be directed to submit its objection, if any, within five (5) business days of receipt of the said notification by the Board, together with a clear and concise statement of its reasons for its objections.2. The Board shall undertake review of the request, and any objections filed, and may either grant the request to affiliate/merge and amend the certification, refer the matter to its Agent for further investigation, or may deny the request.C. Notification of Board's Action1. The Board's Administrator or its Agent shall notify the petitioner, in writing, of the results of the Board's action. Upon acceptance of the affiliation/merger by the Board, the Board shall amend the Certification of Representatives to reflect the change in organizations. Each party shall receive a copy of the amended certification. (Upon the denial of the affiliation/merger by the Board, the petitioner may adhere to the procedures as set forth by § 1.18(D) of this Part).D. Requests for Hearing and/or Reconsideration1. Requests, which have been denied, may be set down for a hearing only upon written request to the Board; said request must be filed within five (5) business days after receipt of the denial. Any aggrieved petitioner also has the right to request a reconsideration of its request. In submitting such a request, the petitioner shall state with specificity the reasons why it believes the Board's prior determination was erroneous and submit any available or existing evidence to support stated reasons.465 R.I. Code R. 465-RICR-10-00-1.18
Amended effective 2/1/2021