Section 465-RICR-10-00-1.21 - Transfer of Bargaining Unit(s) Between National Organizations: Change of JurisdictionA. Required Documentation1. In order to effectuate a transfer of an entire bargaining unit based on a change in jurisdiction between national organizations, the requesting party must submit: a. A letter of intent from the filing national organization;b. An Affidavit, signed by the duly authorized representative of the national organization, affirming that a Union meeting was held by the existing national organization's bargaining unit members for the purpose of voting to transfer national organizations, that a majority of the members of the bargaining unit have voted for the transfer, and that the existing national organization is granting the transfer;c. A Consent Agreement executed between the Union(s) and the Employer indicating the authorization and desire of the members to transfer, as well as a proposed effective date for the transferred position(s) agreed upon;d. 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.e. A letter from the current certified national organization approving the transfer of organizations.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.3. 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.B. Action by Board; No Contest1. Upon receipt of the request and the required documentation, the Board shall certify the authenticity of the signatures listed on the Signature Affirmation Document. The Board shall then review the request and may either grant the request to transfer jurisdiction of organizations and amend the certification or deny the request.C. Contested Transfers1. Upon receipt of the Request for a Transfer of Bargaining Unit(s) Between National Organizations: Change of Jurisdiction, should the requesting party advise the Board that a party(s) objects to the transfer of jurisdictional representation, 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.D. Notification of Board's Action1. 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 change in jurisdiction of a national organization by the Board, the Board shall amend the Certification of Representatives to reflect the change in the organizations. Each party shall receive a copy of the amended certification. Upon the denial of the transfer by the Board, the petitioner may adhere to the procedures as set forth by § 1.21(E) of this Part.E. Requests for Hearing and/or Reconsideration - Transfer of Bargaining Unit(s) Between National Organizations: Change of Jurisdiction1. 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-10-00-1.21
Amended effective 2/1/2021