Section 465-RICR-10-00-1.12 - Parties to ProceedingsA. Non-Joinder and Misjoinder of Parties1. No proceeding under this Act will be dismissed by virtue of non-joinder or misjoinder of parties. Upon Motion of any party, or upon Motion by the Board, or its Administrator or Agent, new parties may be added or substituted, and the parties' misjoinder may be dropped, at any stage of the proceedings, upon such terms as may be deemed just and proper. Such Motions must be made at, or prior to, the first hearing in any such proceeding, unless good and sufficient cause is shown why it could not have been made at such time. Failure so to move shall be deemed a waiver of all objections to a non-joinder or misjoinder.B. Parties; Relief 1. All persons alleged to have engaged in any unfair labor practices may be joined as respondents whether jointly, severally, or in the alternative; a decision may be rendered against such one (1) or more of the respondents upon all the evidence, without regard to the parties by or against whom such evidence has been introduced.C. Intervention; Procedure; Contents; Filings and Service1. Any person, Employer, or labor organization desiring to intervene in any proceeding, shall electronically file (e-file) with the Board a Motion and Memorandum of Law in Support of Motion, in writing, setting forth the facts upon which such person, Employer, or labor organization bases its claim of interest in the proceeding. Said Motion must be served on all the parties of record, with a copy (Cc) to the Board's Administrator and must certify the same therein.2. Said Motion must be filed with the Board, at least five (5) business days prior to the first hearing. Failure to serve or file said Motion, as above provided, shall be deemed sufficient cause for the denial thereof, unless it shall be determined that good and sufficient reason exists why it was not served, or filed, as herein provided. The Board shall rule upon all said Motions and may permit intervention to such an extent, and upon such terms or conditions, as it shall determine may effectuate the policies of the Act.D. Witnesses; Examination; Record; Depositions1. Witnesses at all hearings shall be examined orally, under oath or affirmation, and a record of the proceedings shall be made and kept by the Board. Where a witness resides within another State, or through illness or other causes, is unable to testify before the Board, his or her testimony or deposition may be taken within or without the State in such manner, and in such form, as may be directed by the Board. All applications for the taking of such testimony or depositions must be made, at all times, by Motion to the Board, in accordance with the Motion practice herein, set forth.E. Subpoenas: Witnesses and Failure to Obey or Testify1. If a person or witness refuses or fails, without reasonable excuse, to obey a Subpoena requiring him or her to attend a hearing and be examined, or to attend and bring with him or her books, records, correspondence, papers or other matter, or refuses or fails to testify or answer any question, which has been ruled pertinent and proper by the Board, in its discretion, the Board may strike from the record the testimony given by such person or witness, or so much, thereof, as the Board shall decide is related to the question, which the person or witness has refused to answer, or to the matter called for in the Subpoena. The Board, in its discretion, may preclude the reintroduction of any such testimony so stricken.2. If a party fails or refuses, without reasonable excuse, to obey a Subpoena Duces Tecum requiring the production of books, records, correspondence, documents, papers or other matter, the Board may, in its discretion, preclude any such party from introducing any proof concerning such books, records, correspondence, documents, papers, or other matter in evidence.3. Where a party is a corporation, this section shall apply to failures and refusals of its officers or directors; or where the party is a labor organization, this section shall apply to failures and refusals of its business agents and officers.465 R.I. Code R. 465-RICR-10-00-1.12
Amended effective 2/1/2021