Rhode Island General Laws

R.I. Gen. Laws § 28-7-16 (2026)

Controversies as to representation

✓ current as of July 2026

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(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 representatives who have been designated or selected.

(b) Whenever it is alleged by an employer 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 after a public hearing held upon due notice.

(c) In any investigation the board shall provide for an appropriate hearing upon due notice, either in conjunction with a proceeding under §§ 28-7-21 — 28-7-25 or otherwise, and may conduct an election by secret ballot of employees, or use any other suitable method to ascertain the representatives either before or after the hearing; provided, that the board does not have authority to investigate any question or controversy between individuals or groups within the same labor organization or between labor organizations affiliated with the same parent labor organization.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1959–2023 · leading case: Barrington Sch. Comm. v. Rhode Island State Labor Relations Bd., 608 A.2d 1126 (R.I. 1992).

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Barrington Sch. Comm. v. Rhode Island State Labor Relations Bd., 608 A.2d 1126 (R.I. 1992). “1956 (1986 Reenactment) § 28-7-16 and § 42-35-9. Unfair labor practice charges are also resolved by the board after an appropriate hearing is held.”

Progressive Cas. Ins. Co. v. James S. Dias, 151 A.3d 308 (R.I. 2017). · cites it 2× “”); G.L. 1956 § 28-7-16(c)' ("same labor organization or between labor organizations affiliated with the same parent labor organization”).”

Local 494 Mutuel Race Track Employees of Rhode Island of Int'l Hod Carriers' Bldg. & Common Laborers' Union v. Kelley, 151 A.2d 374 (R.I. 1959). · cites it 5× “This is a petition under the state labor relations act, general laws 1956, §28-7-16, wherein provision is made for the certification of bargaining agents for employee groups.”

DiOrio v. Nat'l Educ. Ass'n (D.R.I. 2023). “Laws § 28-7-16. Here, there is no conflict between members.”

— R.I. Gen. Laws § 28-7-16(c) — 1 case

Progressive Cas. Ins. Co. v. James S. Dias, 151 A.3d 308 (R.I. 2017). “”); G.L. 1956 § 28-7-16(c)' ("same labor organization or between labor organizations affiliated with the same parent labor organization”).”

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