Title 28
Labor and Labor Relations

Chapter 9.4
Municipal Employees’ Arbitration

§ 28-9.4-8. Certification of negotiating agent.

(a) No employee organization shall be initially certified as the representative of municipal employees in an appropriate bargaining unit except after an election.

(b) Municipal employees shall be free to join or decline to join any employee organization regardless of whether it has been certified as the exclusive representative of municipal employees in an appropriate bargaining unit.

(c) If new elections are not held after an employee organization is certified, the employee organization shall continue as the exclusive representative of the municipal employees of the appropriate bargaining unit from year to year until recognition is withdrawn or changed as provided in § 28-9.4-6.

(d) Elections shall not be held more often than once each twelve (12) months and must be held at least thirty (30) days before the expiration date of any employment contract.

(e) An employee organization designated as the representative of the majority of the municipal employees in an appropriate bargaining unit shall be the exclusive bargaining agent for all municipal employees of the unit, and shall act, negotiate agreements, and bargain collectively for all employees in the unit and shall be responsible for representing the interest of all the municipal employees without discrimination and without regard to employee organization membership.

(f) Any employee(s) in the bargaining unit, who are not members of the exclusive bargaining representative organization, may be required by the labor or employee organization to pay a reasonable charge for representation in grievances and/or arbitrations brought at the nonmember’s request.

(g) The employer shall notify the exclusive bargaining unit representative organization of the hiring of any employee in the bargaining unit. The notice shall be given promptly after the hiring decision is made but in no event later than the fifth business day following the employee’s start date.

(h) Bargaining unit lists.

(1) Once every one hundred twenty (120) days, or on a more frequent basis if mutually agreed to by the employer and the employee organization, the employer shall provide the employee organization that is the exclusive representative of a bargaining unit, and any statewide employee organization, of which the local employee organization is an affiliate, with a list of all employees in that bargaining unit.

(2) The list shall include, as appropriate, each employee’s employee ID number, first name, last name, work location/department, job title/classification, date of hire, date of birth, demographic information, contact information, and whether the employee has, to the employer’s records, authorized dues deduction. As used in this section, “demographic information” includes the employee’s sex and race/ethnicity, to the extent the employer is in possession of such information. As used in this section, “contact information” includes an employee’s home address, mailing address, work email address, personal email address, and home and personal cellular telephone numbers, to the extent that the employer is in possession of such information.

(3) To the extent possible, the employee list shall be in alphabetical order by last name and provided as an electronic spreadsheet with one column for each of the data listed in subsection (h)(2) of this section.

(4) The list shall be kept confidential by the employer and the employee organization and shall be exempt from copying and inspection under chapter 2 of title 38 (“access to public records”).