reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-6. - Annual report of board — Opinions.

§ 28-7-6. Annual report of board — Opinions.
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 include the report in his or her annual report to the governor.
History of Section.
P.L. 1941, ch. 1066, § 3; G.L. 1956, § 28-7-6.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-7. - Compensation and expenses of members — Provision of assistance.

§ 28-7-7. Compensation and expenses of members — Provision of assistance.
The compensation for members of the board shall be established by the unclassified pay plan board. The director of labor and training is authorized and directed to provide the board with any clerical, legal, and other assistance that shall be necessary to permit the board to perform its duties as provided in this chapter. The reasonable and necessary traveling and other expenses of the members of the board while actually engaged in the performance of their duties shall be paid from the state treasury upon the audit and warrant of the controller, upon vouchers approved by the director of labor and training and the chairperson. The board shall have the authority to select its own legal counsel consistent with available funds and the counsel shall work at the direction of the board.
History of Section.
P.L. 1941, ch. 1066, § 3; P.L. 1942, ch. 1247, § 1; P.L. 1947, ch. 1946, § 1; P.L. 1948, ch. 2014, § 1; G.L. 1956, § 28-7-7; P.L. 1967, ch. 83, § 1; P.L. 1980, ch. 355, § 1; P.L. 1981, ch. 428, § 1; P.L. 1996, ch. 226, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-8. - Place of board meetings — Conduct of proceedings by members or agents.

§ 28-7-8. Place of board meetings — Conduct of proceedings by members or agents.
The board may meet and exercise any or all of its powers at any place within the state. The board may, by one or more of its members or by any agents or agencies that it may designate, conduct in any part of this state any proceedings, hearing, investigation, inquiry, or election necessary to the performance of its functions. A member who participates in these proceedings shall not be disqualified from subsequently participating in a decision of the board in the same case.
History of Section.
P.L. 1941, ch. 1066, § 3; G.L. 1956, § 28-7-8; P.L. 1986, ch. 45, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-9. - Rules and regulations.

§ 28-7-9. Rules and regulations.
(a)
The board shall have authority from time to time to make, amend, and rescind any rules and regulations that may be necessary to carry out the provisions of this chapter including the determination of the life of the selected representatives. The rules and regulations shall be effective upon publication in the manner that the board prescribes.
(b)
The rules and regulations for state and municipal employees shall include, but not be limited to, the following:
(1)
The board shall require a labor organization to submit cards of interest signed by at least thirty percent (30%) of the employees in the appropriate bargaining unit indicating a desire to be represented by the labor organization so designated. Cards of interest signed by at least twenty percent (20%) of the employees in the appropriate bargaining unit shall be required to intervene. The board shall certify the authenticity of all cards of interest submitted.
(2)
The board shall not consider a petition for representation whenever it appears that a collective bargaining agreement is in existence; provided, that the board may consider a petition within a thirty-day (30) period immediately preceding sixty (60) days prior to the expiration date of the collective bargaining agreement.
(3)
A petition for unit clarification may be filed at any time with the board by:
(i)
An exclusive bargaining agent;
(ii)
The applicable municipality; or
(iii)
The state where appropriate.
(4)
In addition to the provisions of § 28-7-22, the board is empowered to order complete relief upon a finding of any unfair labor practice.
(5)
All charges of unfair labor practices and petitions for unit classification shall be informally heard by the board within thirty (30) days upon receipt of the charges. Within sixty (60) days of the charges or petition the board shall hold a formal hearing. A final decision shall be rendered by the board within sixty (60) days after the hearing on the charges or petition is completed and a transcript of the hearing is received by the board.
(c)
Insofar as the provisions of this section are inconsistent with the provisions of chapter 11 of title 36 and chapter 9.4 of this title, the provisions of this section are controlling.
(d)
The provisions of this section shall not be construed to prevent or limit the board or its agents by direction of the board, consistent with published rules and regulations, from dismissing, after investigation and informal hearings, the unfair labor practices charge. All unit classification petitions shall receive a formal hearing if requested by either party. The board or its agents shall maintain a written record of any dismissals.
History of Section.
P.L. 1941, ch. 1066, § 3; G.L. 1956, § 28-7-9; P.L. 1985, ch. 360, § 1; P.L. 1987, ch. 495, § 1; P.L. 1989, ch. 283 § 1; P.L. 2003, ch. 440, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-10. - Mediation in labor disputes by board.

§ 28-7-10. Mediation in labor disputes by board.
Neither the board nor any of its agents or employees shall engage in any effort to mediate, conciliate, or arbitrate any labor dispute, but nothing contained in this section shall be construed to prevent the board, its agents, or employees from engaging in any effort to obtain voluntary adjustments and compliance with the terms and provisions of this chapter and in accordance with its purposes and policy. Provided, that nothing contained in this section shall be construed to prevent the board, its agents, or employees from arbitrating labor disputes that do not originate before the board.
History of Section.
P.L. 1941, ch. 1066, § 3; G.L. 1956, § 28-7-10; P.L. 1981, ch. 428, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-11. - Board’s independence from department of labor and training.

§ 28-7-11. Board’s independence from department of labor and training.
Notwithstanding the provisions of any other law, neither the director of labor and training nor any board or other agency of the department of labor and training shall in any way direct, review, modify, or reverse any decision or finding of the board; nor shall the director of labor and training or any board or other agency of the department of labor and training supervise or control the board in the exercise of any powers or in the performance of any duties under this chapter.
History of Section.
P.L. 1941, ch. 1066, § 3; G.L. 1956, § 28-7-11.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-12. - Rights of employees.

§ 28-7-12. Rights of employees.
Employees shall have the right of self organization, to form, join, or assist labor organizations; to bargain collectively through representatives of their own choosing; and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection free from interference, restraint, or coercion from any source. Nothing contained in this chapter shall be interpreted to prohibit employees and employers from conferring with each other at any time; provided, that during that conference there is no attempt by the employer, directly or indirectly, to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed by this section.
History of Section.
P.L. 1941, ch. 1066, § 4; G.L. 1956, § 28-7-12.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-13.1. - Unfair labor practices — Public sector employee organizations.

§ 28-7-13.1. Unfair labor practices — Public sector employee organizations.
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 bargaining unit.
(2)
Fail to negotiate or bargain in good faith with the duly authorized representatives of the public employer.
(3)
Avoid or refuse to comply with any statutory impasse procedures as may be provided in chapters 9.1, 9.2, 9.3, and 9.4 of this title.
History of Section.
P.L. 1993, ch. 241, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-14. - Exclusive representation of employees.

§ 28-7-14. Exclusive representation of employees.
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 representatives of all the employees in the appropriate unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment; provided, that employees, directly or through representatives, shall have the right at any time to present grievances to their employer.
History of Section.
P.L. 1941, ch. 1066, § 6; G.L. 1956, § 28-7-14.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-15. - Determination of bargaining unit.

§ 28-7-15. Determination of bargaining unit.
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 shall be the employer unit, craft unit, plant unit, or any other unit provided, that in any case where the majority of employees of a particular craft make that decision, the board shall designate the craft as a unit appropriate for the purpose of collective bargaining.
History of Section.
P.L. 1941, ch. 1066, § 6; G.L. 1956, § 28-7-15.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-16. - Controversies as to representation.

§ 28-7-16. Controversies as to representation.
(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.
History of Section.
P.L. 1941, ch. 1066, § 6; G.L. 1956, § 28-7-16.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-17. - Eligibility to participate in elections — Place and supervision of elections.

§ 28-7-17. Eligibility to participate in elections — Place and supervision of elections.
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 employer, nor shall any individuals employed only for the duration of a strike or lockout be eligible to vote in the election; and provided, further, that no election shall be conducted under the employer’s supervision, or, except as may be required by the board, on the employer’s property, during working hours, or with his or her participation or assistance.
History of Section.
P.L. 1941, ch. 1066, § 6; G.L. 1956, § 28-7-17.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-18. - Runoff elections — Term of certification as bargaining representative.

§ 28-7-18. Runoff elections — Term of certification as bargaining representative.
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 highest number of votes shall appear on the ballot of a second election to be conducted under these provisions and the one receiving a majority of the votes cast at the second election shall be the exclusive representative of all the employees in the unit for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment. Notwithstanding any other provision contained in this chapter, any certification as to the bargaining representatives made pursuant to an election conducted under §§ 28-7-14 — 28-7-19 shall be effective for one year from the date of the election.
History of Section.
P.L. 1941, ch. 1066, § 6; G.L. 1956, § 28-7-18.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-19. - Unions listed on ballot — Company unions.

§ 28-7-19. Unions listed on ballot — Company unions.
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 representation plan, or association of employees involved is a company union, and if any committee, employee representation plan, or association of employees is found to be a company union, it shall not be listed on the ballots, certified, or otherwise recognized as eligible to be the representative of employees under this chapter.
History of Section.
P.L. 1941, ch. 1066, § 6; G.L. 1956, § 28-7-19.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-20. - Power of board to prevent unfair practices.

§ 28-7-20. Power of board to prevent unfair practices.
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, mediation, or conciliation in labor disputes that have been or may be established by law.
History of Section.
P.L. 1941, ch. 1066, § 7; G.L. 1956, § 28-7-20; P.L. 1993, ch. 241, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-21. - Complaints of unfair practices — Parties to proceedings — Rules of evidence.

§ 28-7-21. Complaints of unfair practices — Parties to proceedings — Rules of evidence.
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 those charges in that respect and containing a notice of a hearing before the board at a place fixed in the complaint, to be held not less than seven (7) days after the serving of the complaint. Any complaint may be amended by the board or its agent conducting the hearing at any time prior to the issuance of an order based on the complaint. The person complained of shall have the right to file an answer to the original or amended complaint within five (5) days after the service of the original or amended complaint and to appear in person or otherwise to give testimony at the place and time set in the complaint. In the discretion of a member or agent conducting the hearing, or of the board, any other person may be allowed to intervene in the proceedings and to present testimony. In any proceeding the board or its agent is not bound by technical rules of evidence prevailing in the courts.
History of Section.
P.L. 1941, ch. 1066, § 7; P.L. 1942, ch. 1247, § 2; G.L. 1956, § 28-7-21; P.L. 1993, ch. 241, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-22. - Testimony at hearing — Decision and orders.

§ 28-7-22. Testimony at hearing — Decision and orders.
(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 unless a transcript is required for proceedings in the superior court.
(b)(1)
If upon all the testimony taken the board determines that the respondent has engaged in or is engaging in any unfair labor practice, the board shall state its findings of fact and shall issue and cause to be served on the respondent an order requiring the respondent to cease and desist from the unfair labor practice, and to take any further affirmative or other action that will effectuate the policies of this chapter, including, but not limited to:
(i)
Withdrawal of recognition from and refraining from bargaining collectively with any employee organization or association, agency, or plan defined in this chapter as a company union, or established, maintained, or assisted by any action defined in this chapter as an unfair labor practice;
(ii)
Awarding of back pay;
(iii)
Reinstatement with or without back pay of any employee discriminated against in violation of § 28-7-13, or maintenance of a preferential list from which the employee shall be returned to work; and
(iv)
Reinstatement with or without back pay of all employees whose work has ceased or whose return to work has been delayed or prevented as the result of the aforementioned or any other unfair labor practice in respect to any employee or employees or maintenance of a preferential list from which the employees shall be returned to work.
(2)
The order may further require the person to make reports from time to time showing the extent to which the order has been complied with.
(c)
If upon all the testimony the board is of the opinion that the person or persons named in the complaint have not engaged in or are not engaging in any unfair labor practice, the board shall make its findings of fact and issue an order dismissing the complaint.
History of Section.
P.L. 1941, ch. 1066, § 7; P.L. 1942, ch. 1247, § 2; G.L. 1956, § 28-7-22.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-23. - Modification of findings and orders.

§ 28-7-23. Modification of findings and orders.
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.
History of Section.
P.L. 1941, ch. 1066, § 7; G.L. 1956, § 28-7-23.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-24. - Discontinuance of strike or other activity as condition of board action.

§ 28-7-24. Discontinuance of strike or other activity as condition of board action.
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.
History of Section.
P.L. 1941, ch. 1066, § 7; G.L. 1956, § 28-7-24.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-25. - Expedition of proceedings.

§ 28-7-25. Expedition of proceedings.
The board shall consider all complaints or petitions filed with it and conduct all proceedings under this chapter with all possible expedition.
History of Section.
P.L. 1941, ch. 1066, § 7; G.L. 1956, § 28-7-25.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-26. - Judicial enforcement of orders.

§ 28-7-26. Judicial enforcement of orders.
(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 recess, then the board may petition to the superior court of any county adjoining the county where the unfair labor practice in question occurred or where any person charged with the unfair labor practice resides or transacts business, for the enforcement of the order and for appropriate temporary relief or restraining order. The board shall certify and file in the court a transcript of the entire record in the proceeding, including the pleadings and testimony upon which the order was made and the findings and order of the board.
(b)
Upon the filing, the court shall cause notice of the filing to be served on the person, and at that time shall have jurisdiction of the proceeding and of the question determined in the proceeding. The court shall have the power to grant any temporary relief or restraining order that it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in the transcript a decree enforcing, modifying, and enforcing as so modified, or setting aside, in whole or in part, the order of the board.
History of Section.
P.L. 1941, ch. 1066, § 8; G.L. 1956, § 28-7-26.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-27. - Proceedings in judicial hearing.

§ 28-7-27. Proceedings in judicial hearing.
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 evidence, shall be conclusive. If either party applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for failure to adduce the evidence in the hearing before the board, its member, agent, or agency, the court may order the additional evidence to be taken before the board, its member, agent, or agency, and to be made a part of the transcript. The board may modify its finding as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file the modified or new findings, that, if supported by evidence, shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order.
History of Section.
P.L. 1941, ch. 1066, § 8; G.L. 1956, § 28-7-27.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-28. - Jurisdiction of court — Appeal to supreme court.

§ 28-7-28. Jurisdiction of court — Appeal to supreme court.
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 taken and prosecuted in the same manner and form and with the same effect as is provided in other cases of appeal to the supreme court. The certified record shall contain all that was before the superior court, and the order of the superior court shall for all purposes, including appeal to the supreme court, be deemed to be a final order in a special proceeding.
History of Section.
P.L. 1941, ch. 1066, § 8; P.L. 1942, ch. 1247, § 3; G.L. 1956, § 28-7-28.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-29. - Appeal from decision of board.

§ 28-7-29. Appeal from decision of board.
(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 question was alleged to have been engaged in or where the person resides or transacts business, by filing in the superior court, within thirty (30) days after the final decision or final order is given by the board, a complaint requesting that the final decision or final order of the board be modified or set aside. If that court is on vacation or in recess, then the person may file to the superior court of any county adjoining the county where the unfair labor practice in question occurred or where the person resides or transacts business.
(b)
A copy of the petition shall be served upon the board, and thereupon the aggrieved person shall file in the court a transcript of the entire record in the proceeding, certified by the board, including the pleading and testimony and order of the board. Upon the filing, the court shall proceed in the same manner as in the case of an application by the board under §§ 28-7-20 — 28-7-25, and shall have the same exclusive jurisdiction to grant to the board any temporary relief or restraining order that it deems just and proper, and in like manner to make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part the final decision or final order of the board. The findings of the board as to the facts shall be conclusive.
History of Section.
P.L. 1941, ch. 1066, § 8; P.L. 1942, ch. 1247, § 3; G.L. 1956, § 28-7-29.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-30. - Board’s order not stayed by judicial proceedings.

§ 28-7-30. Board’s order not stayed by judicial proceedings.
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.
History of Section.
P.L. 1941, ch. 1066, § 8; G.L. 1956, § 28-7-30.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-31. - Court not limited by equity jurisdiction.

§ 28-7-31. Court not limited by equity jurisdiction.
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 sitting in equity shall not be limited by acts pertaining to equity jurisdiction of courts.
History of Section.
P.L. 1941, ch. 1066, § 8; G.L. 1956, § 28-7-31.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-32. - Expedition of judicial proceedings.

§ 28-7-32. Expedition of judicial proceedings.
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 shall take precedence over all other matters except matters of the same character.
History of Section.
P.L. 1941, ch. 1066, § 8; G.L. 1956, § 28-7-32.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-33. - Access of board to evidence — Subpoena power — Oaths and affirmations.

§ 28-7-33. Access of board to evidence — Subpoena power — Oaths and affirmations.
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, for the purposes of examination and the right to examine, copy, or photograph any evidence, including payrolls or list of employees, of any person being investigated or proceeded against that relates to any matter under investigation or in question. Any member of the board shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation or in question before the board, its member, agent, or agency conducting the hearing or investigation. Any member of the board, or any agent or agency designated by the board for these purposes, may administer oaths and affirmations, examine witnesses, and receive evidence.
History of Section.
P.L. 1941, ch. 1066, § 9; G.L. 1956, § 28-7-33.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-34. - Taking of depositions.

§ 28-7-34. Taking of depositions.
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 manner and in any form that the board or its member, agent, or agency conducting the hearing may by special order or general rule, prescribe.
History of Section.
P.L. 1941, ch. 1066, § 9; G.L. 1956, § 28-7-34.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-35. - Judicial enforcement of subpoena.

§ 28-7-35. Judicial enforcement of subpoena.
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 transacts business, upon application by the board, shall have jurisdiction to issue to the person an order requiring the person to appear before the board, its member, agent, or agency, to produce evidence if so ordered, or to give testimony touching the matter under investigation or in question. Any failure to obey an order of the court may be punished by the court as a contempt.
History of Section.
P.L. 1941, ch. 1066, § 9; G.L. 1956, § 28-7-35.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-36. - Privilege against self-incrimination.

§ 28-7-36. Privilege against self-incrimination.
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 or subject him or her to a penalty or forfeiture under the laws of the state. No individual shall be prosecuted or subjected to any penalty or forfeiture on account of any transaction, matter, or thing concerning which he or she is, after having claimed his or her privilege against self-incrimination, compelled to testify or produce evidence, except that the individual testifying shall not be exempt from prosecution and punishment for perjury committed in testifying.
History of Section.
P.L. 1941, ch. 1066, § 9; G.L. 1956, § 28-7-36.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-37. - Service of process of board — Witness fees.

§ 28-7-37. Service of process of board — Witness fees.
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 served. The verified return by the individual serving the process setting forth the manner of the service shall be proof of the service, and the return post office receipt or telegraph receipt when registered or certified and mailed or telegraphed shall be proof of service of the process. Witnesses summoned before the board, its member, agent, or agency shall be paid the same fees and mileage that are paid witnesses in the courts of this state, and witnesses whose depositions are taken and the person taking the depositions shall severally be entitled to the same fees as are paid for like services in the courts of this state.
History of Section.
P.L. 1941, ch. 1066, § 9; impl. am. P.L. 1956, ch. 3717, § 1; G.L. 1956, § 28-7-37.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-38. - Service of judicial process.

§ 28-7-38. Service of judicial process.
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.
History of Section.
P.L. 1941, ch. 1066, § 9; G.L. 1956, § 28-7-38.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-39. - Furnishing of public records.

§ 28-7-39. Furnishing of public records.
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 any matter before the board.
History of Section.
P.L. 1941, ch. 1066, § 9; G.L. 1956, § 28-7-39.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-40. - Penalty for violations.

§ 28-7-40. Penalty for violations.
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 representatives in an election directed by the board pursuant to §§ 28-7-14 — 28-7-19, shall be punished by a fine of not more than five thousand dollars ($5,000), or by imprisonment for not more than one year, or both.
History of Section.
P.L. 1941, ch. 1066, § 10; G.L. 1956, § 28-7-40.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-41. - Records of proceedings.

§ 28-7-41. Records of proceedings.
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 §§ 28-7-20 — 28-7-25 shall be open to the public.
History of Section.
P.L. 1941, ch. 1066, § 11; G.L. 1956, § 28-7-41.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-42. - Budget estimates — Expenditures.

§ 28-7-42. Budget estimates — Expenditures.
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. All moneys appropriated to the department or the board for the use of the board shall be expended and audited in the manner provided for all other expenditures under the supervision of the director of labor and training.
History of Section.
P.L. 1941, ch. 1066, § 12; impl. am. P.L. 1951, ch. 2727, art. 1, § 3; G.L. 1956, § 28-7-42.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-43. - Appropriations and disbursements.

§ 28-7-43. Appropriations and disbursements.
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 required from time to time, upon the receipt by him or her of proper vouchers approved by the director of labor and training and the chairperson of the state labor relations board.
History of Section.
P.L. 1941, ch. 1066, § 18; G.L. 1956, § 28-7-43.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-44. - Chapter controlling.

§ 28-7-44. Chapter controlling.
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.
History of Section.
P.L. 1941, ch. 1066, § 13; G.L. 1956, § 28-7-44.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-45. - Employees exempt from chapter.

§ 28-7-45. Employees exempt from chapter.
(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 Railway Labor Act, 45 U.S.C. § 151 et seq.; (2) Except as provided in Chapter 11 of title 36 as to employees of the state; (3) Except as provided in chapter 9.4 of this title as to employees of any political or civil subdivision or other agency thereof; (4) Except “firefighters” as defined in chapter 9.1 of this title and “police officers” as defined in chapter 9.2 of this title; or (5) Except “school teachers” as defined in chapter 9.3 of this title; provided, that in the case of firefighters, police officers, and healthcare provider employees, including those of hospitals, nursing homes, ambulatory care centers, and orphanages, the provisions of this chapter shall apply, but nothing contained in this chapter shall be deemed in any manner to grant to any firefighters, police officers, or healthcare provider employees, including those of hospitals, nursing homes, ambulatory care centers, and orphanages, the right to engage in any strike. Any strike by any firefighters, police officers, or healthcare provider employees, including those of hospitals, nursing homes, ambulatory care centers, and orphanages, shall be illegal.
(b)
When an impasse is reached by an employer and a union representing healthcare provider employees, including those of hospitals, nursing homes, ambulatory care centers, and orphanages, the mediation services of the department of labor and training shall be utilized for mediation and factfinding. If the issues remain unresolved, then the parties shall proceed to arbitration in accordance with the rules of the American Arbitration Association.
History of Section.
P.L. 1941, ch. 1066, § 16; G.L. 1956, § 28-7-45; P.L. 1965, ch. 75, § 1; P.L. 1966, ch. 60, § 1; P.L. 1966, ch. 147, § 3; P.L. 1972, ch. 196, § 1; P.L. 1972, ch. 296, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-46. - Right to strike and concerted activities preserved.

§ 28-7-46. Right to strike and concerted activities preserved.
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.
History of Section.
P.L. 1941, ch. 1066, § 14; G.L. 1956, § 28-7-46.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-47. - Severability.

§ 28-7-47. Severability.
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 the application of this chapter to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which the judgment has been rendered and to the person or circumstances involved. It is declared to be the legislative intent that this chapter would have been adopted had the invalid provisions not been included.
History of Section.
P.L. 1941, ch. 1066, § 15; G.L. 1956, § 28-7-47.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-48. - Prohibition against economic benefit to an unfair employer.

§ 28-7-48. Prohibition against economic benefit to an unfair employer.
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 with, or provide any new subsidiary, payment, service or state revenue bond money to, nor make any favorable administrative ruling that might reasonably lead to the financial gain of, any employer who or that has been found guilty of any unfair labor practice by an administrative law judge of the National Labor Relations Board for the duration of any strike by the employer’s employees.
History of Section.
P.L. 1992, ch. 169, § 1; P.L. 2022, ch. 234, art. 1, § 6, effective December 31, 2022.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7 - Labor Relations Act › Section 28-7-49. - No limitation on healthcare benefit providers.

§ 28-7-49. No limitation on healthcare benefit providers.
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 plans. The technical qualifications of the healthcare benefit plan, to be contracted for, shall not be framed or constructed in a manner designed to identify an exclusive provider of said healthcare services.
History of Section.
P.L. 2008, ch. 100, art. 34, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7.1 - Health and Welfare Funds, Pension Plans › Section 28-7.1-1. - Payments — Penalty.

§ 28-7.1-1. Payments — Penalty.
Whenever any employer has entered into a collective bargaining agreement with a labor organization or association of employees providing for payments to a health or welfare fund or pension fund, or other plan for the benefit of employees, it shall be unlawful for the employer to fail to make the payments required by the terms of the agreement. Further, any employer who willfully fails to make payments within sixty (60) days after they become due and payable shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense, and/or imprisoned not exceeding one year for each offense.
History of Section.
P.L. 1961, ch. 129, § 1; P.L. 1968, ch. 281, § 1; P.L. 1978, ch. 367, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7.1 - Health and Welfare Funds, Pension Plans › Section 28-7.1-2. - Enforcement.

§ 28-7.1-2. Enforcement.
The director of labor and training shall enforce the provisions of § 28-7.1-1.
History of Section.
P.L. 1961, ch. 129, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7.1 - Health and Welfare Funds, Pension Plans › Section 28-7.1-3. - Definitions.

§ 28-7.1-3. Definitions.
“Health or welfare fund” or “pension fund” or “other plan for the benefit of employees” includes any plan, trust, or fund established by an employer organization, or by an employer and a labor organization, or by an employer and an employee organization, the funds for which are derived in whole or in part from contributions by employers, and that exists for the purpose of paying or providing for employees or their families or dependents medical or hospital care, recreation facilities, pensions, annuities, benefits on retirement, death, or unemployment of beneficiaries, severance pay, compensation for injuries or illness, insurance to provide any of the foregoing, vacation or holiday benefits, apprenticeship training, or life, disability, or sickness or accident insurance.
History of Section.
P.L. 1978, ch. 367, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-7.1 - Health and Welfare Funds, Pension Plans › Section 28-7.1-4. - Defined benefit plans annual reporting.

§ 28-7.1-4. Defined benefit plans annual reporting.
(a)
All defined benefit plans that are not covered by the Employee Retirement Income Security Act of 1974 (ERISA) and have two hundred (200) or more plan members shall be required to comply with the provisions of 29 U.S.C. § 1024(b)(3).
(b)
This section shall not apply to governmental plans as defined in 29 U.S.C. § 1002(32).
History of Section.
P.L. 2019, ch. 52, § 1; P.L. 2019, ch. 67, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-8 - Actions by Labor Organizations › Section 28-8-1. - Capacity to sue on behalf of employees for contract violations.

§ 28-8-1. Capacity to sue on behalf of employees for contract violations.
Suits or actions at law for the violation by an employer of contracts of employment between the employer and his or her employees who are represented by a labor union as their legally constituted bargaining agent, and whose rights and duties as employees are set forth in a collective bargaining agreement between the employer and labor union, as the legal representative of the employees, may be brought in the name of the union for the benefit of the employees. This section applies to any previous violation or violation which may be made in the future by the employer; provided, that any action at law brought by the labor union for the benefit of the employees shall be subject to the provisions of §§ 9-1-15 — 9-1-24.
History of Section.
P.L. 1955, ch. 3513, § 1; G.L. 1956, § 28-8-1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-8 - Actions by Labor Organizations › Section 28-8-2. - Suit in superior court.

§ 28-8-2. Suit in superior court.
Labor organizations may sue as a legal entity for the benefit and on behalf of the employees whom they represent in the superior court of the state of Rhode Island having jurisdiction of the parties.
History of Section.
P.L. 1955, ch. 3513, § 2; G.L. 1956, § 28-8-2.