2008 -- S 2759

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LC01544

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2008

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- LABOR RELATIONS ACT

     Introduced By: Senator Maryellen Goodwin

     Date Introduced: February 26, 2008

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-7-14 and 28-7-16 of the General Laws in Chapter 28-7 entitled

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"Labor Relations Act" are hereby amended to read as follows:

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     28-7-14. Exclusive representation of employees. -- Representatives designated or

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selected for the purposes of collective bargaining by the majority of the employees in a unit

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appropriate for those purposes, this purpose, as evidenced by signed authorization cards or

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otherwise, or by the majority of the employees voting in an election conducted pursuant to

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sections 28-7-15 -- 28-7-19, shall be the exclusive representatives of all the employees in the

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appropriate unit for the purposes of collective bargaining in respect to rates of pay, wages, hours

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of employment, or other conditions of employment; provided, that employees, directly or through

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representatives, shall have the right at any time to present grievances to their employer.

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     28-7-16. Controversies as to representation. -- (a) Whenever it is alleged by an

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employee or his or her representative that there is a question or controversy concerning the

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representation of employees, the board shall investigate the question or controversy and certify in

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writing to all persons concerned the name or names of the representatives who have been

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designated or selected.

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      (b) Whenever it is alleged by an employer or his or her representative that there is a

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question or controversy concerning the representation of employees, the board shall investigate

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the question or controversy after a public hearing held upon due notice.

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      (c) In any investigation the board shall provide for an appropriate hearing upon due

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notice, either in conjunction with a proceeding under sections 28-7-21 -- 28-7-25 or otherwise,

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and may conduct an election by secret ballot of employees, or use any other suitable method to

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ascertain the representatives either before or after the hearing;. When an appropriate bargaining

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unit has been determined by agreement of the parties or by the board after hearing, the board shall

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certify an exclusive representative for the purposes of collective bargaining upon evidence in

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writing by authorization cards or otherwise demonstrating interest in union representation by

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sixty percent (60%) of the employees in that bargaining unit. In the absence of such evidence the

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board shall conduct a secret ballot election upon such terms as it shall determine; provided, that

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the board does not have authority to investigate any question or controversy between individuals

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or groups within the same labor organization or between labor organizations affiliated with the

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same parent labor organization.

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     SECTION 2. This act shall take effect upon passage.

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LC01544

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- LABOR RELATIONS ACT

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     This act would require that there be an exclusive representative certified for collective

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bargaining, if in writing there is demonstrated interest in union representation by 60% of the

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employees in that bargaining unit, or in the absence of such evidence, there would be a secret

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ballot election.

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     This act would take effect upon passage.

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LC01544

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