Section 465-RICR-10-00-1.20 - Transfer of Bargaining Units and/or Portions Thereof Within the Same Labor OrganizationA. Required Documentation1. In order to effectuate a transfer of an entire bargaining unit, and/or a portion thereof, the requesting party must submit the following documentation: a. An Affidavit signed by the duly authorized representative, indicating why the parties feel it is appropriate to transfer the bargaining unit, or portion thereof, as well as the titles of positions to be transferred and the number of positions within each title;b. A Consent Agreement executed between the Union(s) and the Employer indicating the agreement and authorization of the members to transfer, as well as a proposed effective date for the transferred position(s) agreed upon; and c. The Signature Affirmation Document containing the names, title of positions to be transferred, original signatures and dates, signed in blue ink, of at least fifty-one percent (51%) of the bargaining unit, and/or portion thereof, being transferred. Upon receipt of the Signature Affirmation Document, the Board shall certify the authenticity of the said signatures. (1) The Signature Affirmation Document shall be submitted along with the Consent Agreement & Affidavit, in accordance with R.I. Gen. Laws § 28-7-9(b)(1). The Signature Affirmation Document must be in alphabetical order, by last name, with original signatures, signed in blue ink.(2) The Signature Affirmation Document may not be filed electronically and 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 Consent Agreement & Affidavit.2. When filing the transfer documentation with the Board, the labor organization is required to submit an original, signed in blue ink, in accordance with § 1.5 of this Part.3. When transferring a "portion" of a bargaining unit from one (1) bargaining unit to another bargaining unit within the same labor organization, the petitioner must transfer the entire portion of the specific title, not just one (1) of the positions within that specific title.B. Contested Transfers 1. Upon receipt of the request for a Transfer Of Bargaining Unit(s) and/or Portions Thereof, Within the Same Labor Organization, the requesting party advises the Board that a party(s) objects to the transfer, as well as its refusal to sign the Consent Agreement, the Board's Administrator will notify the objecting party(s), in writing, of the pending request for transfer. The party(s) shall be directed to submit its objection(s), together with a clear and concise statement of its reasons for its objection(s) within five (5) business days of receipt of the notification by the Board. The matter shall then be scheduled before the Board, as soon as practicable, for disposition.C. Notification of Board's Action 1. The Board's Administrator or its Agent shall notify the parties, in writing, of the results of the Board's action. Upon acceptance of the Consent Agreement and Affidavit for a Transfer of Bargaining Unit(s) and/or Portions Thereof, Within the Same Labor Organization, the Board shall publish its determination in the Unit Clarification Disposition section of the Board's website at www.rislrb.ri.gov. Upon the denial of the transfer by the Board, the petitioner may adhere to the procedures as set forth by § 1.20(D) of this Part.D. Requests for Hearing and/or Reconsideration - Transfer of Bargaining Units and/or Portions Thereof Within the Same Labor Organization1. Requests, which have been denied, may be set down for a formal hearing only upon written request, which is to be filed within five (5) business days after 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.465 R.I. Code R. 465-RICR-10-00-1.20
Amended effective 2/1/2021