reglab/housing_qa huggingface dataset:
RI Gen L § 28-9-6 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-6 - Trial of issue as to existence of agreement to arbitrate or failure to comply.

§ 28-9-6. Trial of issue as to existence of agreement to arbitrate or failure to comply.(a) If evidentiary facts are set forth raising a substantial issue as to the making of the contract or submission or the failure to comply with it, the court, or the judge, shall immediately proceed to the trial of the issue.(b) If no jury trial is demanded by either party, the court, or the judge, shall hear and determine the issue.(c) Where this issue is raised, any party may, on or before the return day of the notice of application, demand a jury trial of the issue, and if a demand is made, the court, or the judge, shall make an order referring the issue or issues to a jury in the manner provided by law for referring to a jury issues in an equity action.(d) Whenever an immediate trial is ordered, the order shall provide that, if the court, or where a jury has been demanded, the jury, finds that a written contract providing for arbitration was made or a submission was entered into, and that there was a failure to comply with the contract, the parties shall proceed with the arbitration in accordance with the terms of the contract or submission, and the order shall provide that if the court or jury, finds that there was no contract or submission or failure to comply with the contract, then the proceeding shall be dismissed.History of Section.P.L. 1955, ch. 3517, § 5; G.L. 1956, § 28-9-6.
RI Gen L § 28-9-7 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-7 - Selection of arbitrators.

§ 28-9-7. Selection of arbitrators.If in the contract for arbitration or in the submission, provision is made for a method of naming or appointing an arbitrator or arbitrators or an umpire, that method shall be followed, but if no method is provided in the contract, the parties to the contract or submission shall agree to the method of naming or appointing an arbitrator or arbitrators or an umpire. If the parties fail to agree, then the director of labor and training, upon application of either of the parties after due notice to the other party, shall appoint an arbitrator to hear the dispute.History of Section.P.L. 1955, ch. 3517, § 6; G.L. 1956, § 28-9-7.
RI Gen L § 28-9-8 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-8 - Hearings by arbitrators.

§ 28-9-8. Hearings by arbitrators.Subject to the terms of the submission or contract, if any are specified in the contract, the arbitrators selected as prescribed in this chapter must appoint a time and place for the hearing of the matters submitted to them, and must cause notice thereof to be given to each of the parties. They, or a majority of them, may adjourn the hearing from time to time on the application of either party for good cause shown or on their own motion, but not beyond the day fixed in the submission if a date has been set in the contract or submission for rendering their award, unless the time fixed is extended by the written consent of the parties to the submission or contract or their attorneys, or the parties have continued with the arbitration without objection to the adjournment.History of Section.P.L. 1955, ch. 3517, § 7; G.L. 1956, § 28-9-8.
RI Gen L § 28-9-9 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-9 - Court order directing arbitrators to proceed promptly.

§ 28-9-9. Court order directing arbitrators to proceed promptly.The court shall have the power to direct the arbitrators to proceed promptly with the hearing and determination of the controversy.History of Section.P.L. 1955, ch. 3517, § 7; G.L. 1956, § 28-9-9.
RI Gen L § 28-9-10 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-10 - Oath of arbitrators.

§ 28-9-10. Oath of arbitrators.Before hearing any testimony, arbitrators selected as prescribed in this chapter must be sworn, by an officer authorized by law to administer an oath, faithfully and fairly to hear and examine the matters in controversy and to make a just award according to the best of their understanding, unless the oath is waived by the written consent of the parties to the submission or contract or their attorneys, or the parties have continued with the arbitration without objection to the failure of the arbitrators to take the oath.History of Section.P.L. 1955, ch. 3517, § 8; G.L. 1956, § 28-9-10.
RI Gen L § 28-9-11 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-11 - Summons of witnesses - Attendance by arbitrators - Majority required for award.

§ 28-9-11. Summons of witnesses — Attendance by arbitrators — Majority required for award.The arbitrator or arbitrators selected as prescribed in this chapter may require any person to attend before them as a witness; and he or she and they have, and each of them has, the same powers with respect to all the proceedings before them which are conferred upon a board or a member of a board authorized by law to hear testimony. All the arbitrators selected as prescribed in this chapter must meet together and hear all the allegations and proofs of the parties, but an award by a majority of them is valid unless the concurrence of all is expressly required in the submission or contract.History of Section.P.L. 1955, ch. 3517, § 9; G.L. 1956, § 28-9-11.
RI Gen L § 28-9-12 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-12 - Arbitrators' fees.

§ 28-9-12. Arbitrators' fees.(a) In any proceeding under this chapter, unless the parties agree to the arbitrator's or arbitrators' fees, those fees shall be fixed by the director of labor and training who shall require equal payment of the arbitrators' fees by both parties.(b) If a party to the arbitration is a department or division of state government, the director of labor and training shall inform the office of budget of the amount of the arbitrator's fee attributable to the department or division. The office of budget shall charge to the account of the department or division the amount of the arbitrator's fees attributable to it. In addition, the office of budget shall also charge to the account of the department or division any and all other costs, including, but not limited to, witness fees and attorney's fees, incurred by the department or division in connection with the arbitration proceeding.History of Section.P.L. 1955, ch. 3517, § 10; G.L. 1956, § 28-9-12; P.L. 1982, ch. 344, art. 12, § 1.
RI Gen L § 28-9-13 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-13 - Validity of arbitration without judicial order - Grounds for attack.

§ 28-9-13. Validity of arbitration without judicial order — Grounds for attack.An award shall be valid and enforceable according to its terms and under the provisions of this chapter without previous adjudication of the existence of a submission or contract to arbitrate, subject to the provisions of this section:(1) A party who has participated in any of the proceedings before the arbitrator or arbitrators may object to the confirmation of the award only on one or more of the grounds specified in this section, provided that he or she did not continue with the arbitration with notice of the facts or defects on which his or her objection is based, because of a failure to comply with § 28-9-8 or with § 28-9-10, or because of the improper manner of the selection of the arbitrators.(2) A party who has not participated in any of the proceedings before the arbitrator or arbitrators and who has not made or been served with an application to compel arbitration under § 28-9-5 may also put in issue the making of the contract or submission or the failure to comply with it, either by a motion for a stay of the arbitration or in opposition to the confirmation of the award. If a notice has been personally served on the party of an intention to conduct the arbitration pursuant to the provisions of a contract or submission specified in the notice, the issues specified in this subdivision may be raised only by a motion for a stay of the arbitration, notice of which motion must be served within ten (10) days after the service of the notice of intention to arbitrate. The notice must state in substance that unless within ten (10) days after its service the party served shall serve a notice of motion to stay the arbitration, he or she shall subsequently be barred from putting in issue the making of the contract or submission or the failure to comply with it. The arbitration hearing shall be adjourned upon service of the notice pending the determination of the motion. Where the opposing party, either on a motion for a stay or in opposition to the confirmation of an award, sets forth evidentiary facts raising a substantial issue as to the making of the contract or submission or the failure to comply with it, an immediate trial of the issue shall be had. In the event that the opposing party is unsuccessful he or she may, nevertheless, participate in the arbitration if the arbitration is still being carried on. Any party may, on or before the return day of the notice of application, demand a jury trial of the issue.History of Section.P.L. 1955, ch. 3517, § 11; G.L. 1956, § 28-9-13.
RI Gen L § 28-9-14 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-14 - Arbitration as special proceeding - Jurisdiction of superior court.

§ 28-9-14. Arbitration as special proceeding — Jurisdiction of superior court.Arbitration of a controversy under a contract or submission described in this chapter shall be deemed a special proceeding, of which the superior court for the county in which one of the parties resides or is doing business, or in which the arbitration was held, shall have jurisdiction.History of Section.P.L. 1955, ch. 3517, § 12; G.L. 1956, § 28-9-14.
RI Gen L § 28-9-15 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-15 - Application treated as motion.

§ 28-9-15. Application treated as motion.Any application to the court or a judge of the court under this chapter shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise expressly provided in this chapter.History of Section.P.L. 1955, ch. 3517, § 12; G.L. 1956, § 28-9-15.
RI Gen L § 28-9-16 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-16 - Prerequisites to enforceability of award.

§ 28-9-16. Prerequisites to enforceability of award.To entitle the award to be enforced, as prescribed in this chapter, it must be in writing, within the time limited in the submission or contract, if any, subscribed by the arbitrator or arbitrators making it, and either filed in the office of the clerk of the court having jurisdiction as provided in § 28-9-14 or delivered to one of the parties or his or her attorney.History of Section.P.L. 1955, ch. 3517, § 13; G.L. 1956, § 28-9-16.
RI Gen L § 28-9-17 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-17 - Order confirming award.

§ 28-9-17. Order confirming award.At any time within one year after the award is made as prescribed in § 28-9-16, any party to the controversy which was arbitrated may apply to the court having jurisdiction as provided in § 28-9-14 for an order confirming the award. Upon that application, the court must grant the order unless the award is vacated, modified, or corrected as prescribed in §§ 28-9-18 and 28-9-19, or unless the award is unenforceable under the provisions of § 28-9-13. Notice of the motion must be served upon the adverse party or his or her attorneys, as prescribed by law for service of notice of a motion upon an attorney in an action in the same court.History of Section.P.L. 1955, ch. 3517, § 14; G.L. 1956, § 28-9-17.
RI Gen L § 28-9-18 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-18 - Grounds for vacating award.

§ 28-9-18. Grounds for vacating award.(a) In any of the following cases the court must make an order vacating the award, upon the application of any party to the controversy which was arbitrated:(1) When the award was procured by fraud.(2) Where the arbitrator or arbitrators exceeded their powers, or so imperfectly executed them, that a mutual, final, and definite award upon the subject matter submitted was not made.(3) If there was no valid submission or contract, and the objection has been raised under the conditions set forth in § 28-9-13.(b) A motion to vacate, modify, or correct an arbitrator's award shall not be entertained by the court unless the award is first implemented by the party seeking its vacation, modification, or correction; provided, the court, upon sufficient cause shown, may order the stay of the award or any part of it upon circumstances and conditions which it may prescribe.(c) If the motion to vacate, modify, or correct an arbitrator's award is denied, the moving party shall pay the costs and reasonable attorneys' fees of the prevailing party.History of Section.P.L. 1955, ch. 3517, § 15; G.L. 1956, § 28-9-18; P.L. 1979, ch. 126, § 2.
RI Gen L § 28-9-19 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-19 - Rehearing after vacation of award.

§ 28-9-19. Rehearing after vacation of award.Where an award is vacated, the court, in its discretion, may direct a rehearing either before the same arbitrator or arbitrators or before a new arbitrator or arbitrators to be chosen in the manner provided in the submission or contract for the selection of the original arbitrator or arbitrators or as provided for in § 28-9-7. Any provision limiting the time in which the arbitrator or arbitrators may make a decision shall be deemed applicable to the new arbitration and shall commence from the date of the court's order.History of Section.P.L. 1955, ch. 3517, § 16; G.L. 1956, § 28-9-19.
RI Gen L § 28-9-20 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-20 - Modification or correction of award.

§ 28-9-20. Modification or correction of award.In any of the following cases, the court must make an order modifying or correcting the award upon the application of any party to the arbitrated controversy:(1) Where there was an evident miscalculation of figures or an evident mistake in the description of any persons, thing, or property referred to in the award.(2) Where the arbitrator or arbitrators have awarded upon a matter not submitted to them not affecting the merits of the decision upon the matters submitted.(3) Where the award is imperfect in a matter of form not affecting the merits of the controversy, and, if it had been a master's report, the defect could have been amended or disregarded by the court.History of Section.P.L. 1955, ch. 3517, § 17; G.L. 1956, § 28-9-20.
RI Gen L § 28-9-21 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-21 - Time for motion to vacate, correct, or modify award - Stay of enforcement.

§ 28-9-21. Time for motion to vacate, correct, or modify award — Stay of enforcement.Notice of a motion to vacate, modify, or correct an award must be served upon the adverse party, or his or her attorney, within three (3) months after the award is filed or delivered, as prescribed by law for service of notice of a motion upon an attorney in an action; except that in opposition to a motion to confirm an award, any of the grounds specified in § 28-9-18 may be set up. For the purpose of the motion, any judge who might make an order to stay the proceedings in an action brought in the same court may make an order, to be served with the notice of motion, staying the proceedings of the adverse party to enforce the award.History of Section.P.L. 1955, ch. 3517, § 18; G.L. 1956, § 28-9-21.
RI Gen L § 28-9-22 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-22 - Judgment on confirmation, modification, or correction of award - Costs.

§ 28-9-22. Judgment on confirmation, modification, or correction of award — Costs.Upon the granting of an order confirming, modifying, or correcting an award, judgment may be entered in conformity with the order, except as is otherwise prescribed in this chapter. Costs of the application and of the subsequent proceedings, not exceeding twenty-five dollars ($25.00) and disbursements, may be awarded by the court in its discretion. If awarded, the amount must be included in the judgment.History of Section.P.L. 1955, ch. 3517, § 19; G.L. 1956, § 28-9-22.
RI Gen L § 28-9-23 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-23 - Papers filed after judgment - Docketing.

§ 28-9-23. Papers filed after judgment — Docketing.(a) Immediately after entering judgment, the clerk must attach together and file the following papers:(1) The submission or contract, and each written extension of the time, if any, within which to make the award.(2) The award.(3) Each notice, affidavit, or other paper used upon an application to confirm, modify, or correct the award, and a copy of each order of the court upon an application.(4) A copy of the judgment.(b) The judgment may be docketed as if it was rendered in an action.History of Section.P.L. 1955, ch. 3517, § 20; G.L. 1956, § 28-9-23.
RI Gen L § 28-9-24 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-24 - Force and effect of judgment.

§ 28-9-24. Force and effect of judgment.The judgment so entered has the same force and effect in all respects as, and is subject to all the provisions of law relating to a judgment in an action; and it may be enforced as if it had been rendered in an action in the court in which it is entered.History of Section.P.L. 1955, ch. 3517, § 21; G.L. 1956, § 28-9-24.
RI Gen L § 28-9-25 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-25 - Appeals.

§ 28-9-25. Appeals.An appeal may be taken from an order made in a proceeding under this chapter, or from a judgment entered upon an award. The proceedings upon an appeal, including the judgment and the enforcement of the judgment, are governed by the provisions of statute and rule regulating appeal in actions as far as they are applicable.History of Section.P.L. 1955, ch. 3517, § 22; G.L. 1956, § 28-9-25.
RI Gen L § 28-9-26 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-26 - Death or disability of party to proceedings.

§ 28-9-26. Death or disability of party to proceedings.Where a party dies after making a submission or contract as prescribed in this chapter or otherwise, the proceedings may be begun or continued upon the application of, or upon notice to, his or her executor or administrator, or a temporary administrator of his or her estate, or, where it relates to real property, his or her distributee or devisee who has succeeded to his or her interest in the real property. Where a committee of the property or of the person of a party to a submission or contract is appointed, the proceedings may be continued upon the application of, or notice to, a committee of the property, but not otherwise. In cases specified in this section, a judge of the court may make an order extending the time within which notice of a motion to confirm, vacate, modify, or correct the award must be served. Upon confirming an award, where a party has died since it was filed or delivered, the court must enter judgment in the name of the original party, and the proceedings are the same as where a party dies after a verdict.History of Section.P.L. 1955, ch. 3517, § 23; G.L. 1956, § 28-9-26.
RI Gen L § 28-9-27 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9 - Arbitration of Labor Controversies|Section 28-9-27 - Use of past practices in arbitration hearings.

§ 28-9-27. Use of past practices in arbitration hearings.(a) An arbitrator shall have the authority to consider the existence of a past practice that may exist between the parties to a collective bargaining agreement only under the following circumstances:(1) the collective bargaining agreement does not contain an express provision that is the subject of the grievance, or(2) the collective bargaining agreement contains a provision that is unclear and ambiguous, or(3) the collective bargaining agreement contains a provision which has been mutually agreed upon by the parties that preserves existing past practices for the duration of the collective bargaining agreement.(b) A party claiming the existence of a past practice shall be required to prove by clear and convincing evidence that the practice;(1) is unequivocal;(2) has been clearly enunciated and acted upon;(3) is readily ascertainable;(4) has been in existence for a substantial period of time;(5) has been accepted by representatives of the parties who possess the actual authority to accept the practice.(c) A past practice that may exist between the parties to a collective bargaining agreement may not override any contrary provision of an existing collective bargaining agreement, statute or ordinance.(d) A past practice that may exist between the parties to a collective bargaining agreement may not override any contrary provision of any written rule, regulation, or policy that has been promulgated, adopted, and published pursuant to either the Administrative Procedures Act or promulgated and published by the appropriate governing entity in a city or town.(e) Any party to a collective bargaining agreement may provide written notice to the other party that it no longer intends to be bound by a past practice unless the collective bargaining agreement contains a provision which has been mutually agreed upon by the parties that preserves existing past practices for the duration of the collective bargaining agreement. This notification must describe the past practice and set forth the effective date of the termination of the practice. Neither party is obligated to follow the practice thirty (30) days following this notification.History of Section.P.L. 2000, ch. 412, § 1; P.L. 2007, ch. 517, § 1.
RI Gen L § 28-9.1-1 (2021)
2021 Rhode Island General Laws|Title 28 - Labor and Labor Relations|Chapter 28-9.1 - Firefighters' Arbitration|Section 28-9.1-1 - Short title.

§ 28-9.1-1. Short title.This chapter may be cited as the "Fire Fighters Arbitration Act."History of Section.P.L. 1961, ch. 149, § 1.