Title 28, Title 28 and Labor Relations

It shall be an unfair labor practice for an employer to: (1) Spy on or keep under surveillance, whether directly or through agents or any other person, any activities of employees or their representatives in the exercise of the rights guaranteed by § 28-7-12; (2) Prepare, maintai…

It shall be an unfair labor practice for public sector employee organizations, their agents, or representatives to: (1) Refuse to meet and bargain collectively with a public employer if the labor organization is the exclusive agent for the public employees in the certified bargai…

Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for those purposes, or by the majority of the employees voting in an election conducted pursuant to §§ 28-7-15 — 28-7-19, shall be the exclusive…

The board shall decide in each case whether, in order to ensure to employees the full benefit of their right to self organization, to collective bargaining, and otherwise to effectuate the policies of this chapter, the unit appropriate for the purposes of collective bargaining sh…

(a) Whenever it is alleged by an employee or his or her representative that there is a question or controversy concerning the representation of employees, the board shall investigate the question or controversy and certify in writing to all persons concerned the name or names of …

The board shall have the power to determine who may participate in the election and to establish the rules governing the election; provided, that no election shall be directed by the board solely because of the request of an employer or of employees prompted to do so by their emp…

If at an election conducted pursuant to §§ 28-7-14 — 28-7-19, three (3) or more nominees for exclusive collective bargaining representatives appear on the ballot and no one of them receives a majority of the votes cast at the election, the two (2) nominees who received the highes…

A labor organization nominated as the representative of employees shall be listed by name on the ballots authorized by § 28-7-16. In any investigation conducted by the board pursuant to §§ 28-7-14 — 28-7-19, the board may make a finding as to whether any committee, employee repre…

(a) No business combination transaction shall result in the termination or impairment of the provisions of any labor contract covering persons engaged in employment in the state negotiated by a labor organization or by a collective bargaining agent or other representative. Notwit…

(a) As used in this section, the following words, unless the context clearly requires otherwise, have the following meanings: (1) “Control” means the beneficial ownership of fifty percent (50%) or more of the outstanding voting securities of a control transferor; provided, that f…

(a) The economic necessity for employees to possess full freedom of association, actual liberty of contract, and bargaining power equal to that of their employers, who are frequently organized in corporate or other forms of association, has long been sanctioned by public opinion,…

The board is empowered and directed, as provided in this chapter, to prevent any employer, or public sector employee organization as provided in § 28-7-13.1, from engaging in any unfair labor practice. This power shall not be affected or impaired by any means of adjustment, media…

(a) Whenever a charge has been made that any employer or public sector employee organization, as provided in § 28-7-13.1, has engaged in or is engaging in any unfair labor practice, the board shall have the power to issue and cause to be served upon the party a complaint stating …

(a) The testimony shall be taken at the hearing and the board in its discretion may upon notice take further testimony or hear argument. The testimony so taken or heard shall not be reduced to writing unless an appeal is taken as provided in this chapter by an aggrieved party or …

Until a transcript of the record in a case has been filed in a court, as provided in this chapter, the board may at any time, upon reasonable notice and in any manner that it deems proper, modify or set aside, in whole or in part, any finding or order made or issued by it.

The board shall not require as a condition of taking action or issuing any order under this chapter that employees on strike or engaged in any other lawful, concerted activity shall discontinue that strike or that activity.

The board shall consider all complaints or petitions filed with it and conduct all proceedings under this chapter with all possible expedition.

(a) The board shall have the power to petition the superior court of the state within the county where the unfair labor practice in question occurred or where any person charged with the unfair labor practice resides or transacts business. If that court is on vacation or in reces…

No objection that has not been urged before the board, its member, agent, or agency shall be considered by the court, unless the failure or neglect to urge the objection is excused because of extraordinary circumstances. The findings of the board as to the facts, if supported by …

The jurisdiction of the superior court shall be exclusive and its judgment shall be final, except that the judgment shall be subject to review by the supreme court on appeal by either party, irrespective of the nature of the judgment or the amount involved. The appeal shall be ta…

(a) Any person aggrieved by a final decision of the board, or a final order of the board, granting or denying in whole or in part the relief sought may obtain a review of the final decision or final order in the superior court of the county where the unfair labor practice in ques…

When used in this chapter: (1) “Board” means the labor relations board created by § 28-7-4. (2) “Company union” means any committee employee representation plan or association of employees that exists for the purpose, in whole or in part, of dealing with employers concerning grie…

The commencement of proceedings under §§ 28-7-26 and 28-7-29 shall not, unless specifically ordered by the court, operate as a stay of the board’s order.

When granting appropriate temporary relief or a restraining order, or making and entering a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part an order of the board, as provided in §§ 28-7-26 — 28-7-30, the jurisdiction of courts sitti…

Petitions filed under this chapter shall be heard expeditiously and shall be considered and determined upon the transcript filed, without requirement of printing. Upon the filing of a record in the superior court, the case shall be heard with greatest possible expedition, and sha…

For the purpose of all hearings and investigations that, in the opinion of the board, are necessary and proper for the exercise of the powers vested in it by §§ 28-7-14 — 28-7-25, the board, or its duly authorized agents or agencies, shall at all reasonable times have access to, …

If any witness resides outside of the state, or through illness or other cause is unable to testify before the board or its member, agent, or agency conducting the hearing or investigation, his or her testimony or deposition may be taken within or without this state, in any manne…

In case of contumacy or refusal to obey a subpoena issued to any person, the superior court of any county within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transa…

No person shall be excused from attending and testifying or from producing books, records, correspondence, documents, or other evidence in obedience to the subpoena of the board on the ground that the testimony or evidence required of him or her may tend to incriminate him or her…

Complaints, orders, and other process and papers of the board, its member, agent, or agency may be served either personally or by registered or certified mail or by telegraph or by leaving a copy thereof at the principal office or place of business of the person required to be se…

All process of any court to which application may be made under this chapter may be served in the county where the person or persons required to be served reside or may be found.

The several departments, commissions, divisions, authorities, boards, bureaus, agencies, and officers of the state or any political subdivision or agency of the state shall furnish the board, upon its request, all records, papers, and information in their possession relating to a…

(a) There is created in the department of labor and training a board to be known as the Rhode Island state labor relations board that shall be composed of seven (7) members who shall be appointed by the governor, by and with the advice and consent of the senate. Each member of th…

Any person who willfully resists, prevents, impedes, or interferes with any member of the board or any of its agents or agencies in the performance of duties pursuant to this chapter, or who in any manner interferes with the free exercise by employees of their right to select rep…

Subject to rules and regulations to be made by the board, the complaints, orders, and testimony relating to a proceeding instituted by the board under §§ 28-7-20 — 28-7-25 may be made public records and be made available for inspection and copying. All proceedings pursuant to §§ …

Prior to the fifteenth (15th) day of November of each year, the director of labor and training shall submit to the director of administration for his or her approval an estimated budget of the administrative expenses of the state labor relations board for the ensuing fiscal year.…

The general assembly shall annually appropriate any sum that it may deem necessary to carry out the purposes of this chapter. The controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum, or so much of it as may be requ…

Insofar as the provisions of this chapter are inconsistent with the provisions of any other general, special, or local law, the provisions of this chapter shall be controlling.

(a) The provisions of this chapter shall not apply: (1) To the employees of any employer who concedes to and agrees with the board that the employees are subject to and protected by the provisions of the Labor Management Relations Act, 1947, 29 U.S.C. § 141 et seq., or the Railwa…

Nothing in this chapter shall be construed so as to interfere with, impede, or diminish in any way the right of employees to strike or engage in other lawful, concerted activities.

If any clause, sentence, paragraph, or part of this chapter or its application to any person or circumstances is, for any reason, adjudged by a court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder of this chapter and t…

Except for state payments to healthcare providers pursuant to the medical assistance program in chapter 8 of title 40 and the RIte Start program in chapter 12.3 of title 42, the state of Rhode Island or any subsidiary or agency of the state shall not enter into any new contracts …

No collective bargaining agreement covering any group or groups of state employees, public school teachers, or employees of any city or town, ratified after August 1, 2008, shall specify that an employer must procure a healthcare benefit plan from a specific provider of such plan…

A vacancy in the board does not impair the right of the remaining members to exercise all the powers of the board, and two (2) members of the board, at all times, constitutes a quorum. The board may adopt an official seal and prescribe the purposes for which it is used.

(a) As used in this section: (1) “Political matters” means topics that are unrelated to the employer’s business or business activities, such as subjects relating to elections for political office, political parties, proposals to change legislation or regulations which are not dir…

The board shall at the end of every year make a report in writing to the director of labor and training, stating in detail the work it has done in hearing and deciding cases and otherwise. It shall sign and report in full an opinion in every case decided by it. The director shall…