465 R.I. Code R. 465-RICR-10-00-1.22

Current through November 7, 2024

Section 465-RICR-10-00-1.22 - Procedures for the Prevention of Unfair Labor Practices

A. Charge; Persons Eligible to File

1. Any person, Employer, or labor organization may make a charge that an individual has engaged in or is engaging in an unfair labor practice. Any person who is a member of a labor organization must first seek to have the labor organization file the Unfair Labor Practice Charge(s) on his or her behalf. Any person who demonstrates that his or her exclusive bargaining agent has refused to file the Charge(s) on the bargaining unit member's behalf shall be permitted to file his or her own Charge, which shall be subject to all the Rules, Regulations, and requirements of this section. Any person filing a Charge directly shall attach to the Charge an Affidavit, which attests to the labor organization's refusal to file.

B. Charge; Form and Filing; Deadline

1. The Unfair Labor Practice Charge shall be typewritten and submitted on legal size paper (eight-and-one-half inches by fourteen inches (8.5" x 14") in size). The petitioner shall submit an original, signed in blue ink, with the Board, in accordance with § 1.5 of this Part. Petition forms may be obtained on the Board's website at www.rislrb.ri.gov. Charges must be filed with the Board within six (6) months from the date of knowledge of the alleged unfair labor practice.

C. Contents of Charge

1. A Charge shall contain:

a. An indication as to whether the Charge is being filed on behalf of an "individual," "employee organization," or an "Employer;"

b. The name of Employer, address, representative, telephone number, and email;

c. The name of the employee organization or individual, address, representative, telephone number, and email;

d. An indication of whether the Charge is being filed against an "Employer" or an "employee organization;"

e. An enumeration of the specific Subsection(s) of R.I. Gen. Laws §§ 28-7-13 or 28-7-13.1 that the complainant is alleging has been violated;

f. A summary of the basis for the Charge to include, where known, the approximate dates and places of the alleged acts, and the names of the respondent's agents, or other representatives by whom the acts were committed. In the event, it is alleged that an employee or employees have been discharged, refused employment or suffered discrimination in violation of the Act, the name or names of such employees;

g. The remedy requested by the complainant; and

h. An indication as to any previous action that has been taken in the matter, to wit: grievance, negotiations, mediation, fact-finding, conciliation, interest arbitration.

2. Charges which, in the opinion of the Board or its Administrator or Agent, do not provide sufficient detail of factual allegations and the legal theory underlying the alleged unfair labor practice(s), or fail to provide adequate and due notice to the accused, shall be returned to the complainant, without prejudice to re-file; provided however, any such re-filing is completed within the six (6) month period set forth in § 1.22(B) of this Part.

D. Amendment of Charge

1. Otherwise than as set forth in § 1.22(G) of this Part, such Charge may be amended at any time prior to the issuance of the final Decision and Order of the Board. The Complaint may thereupon be amended, in accordance with the provisions of § 1.23(H) of this Part.

E. Investigation of Charge; Report

1. After a Charge has been filed, the Board may conduct all investigations, which in its opinion are necessary and proper for the exercise of the power vested in it by the Act. For the purposes of this investigation, the Board, its Administrator or Agent, may exercise all the powers, respectively, specified in the Act.

F. Designated Informal Hearing Process with Charging Party and Respondent

1. Upon the filing of an Unfair Labor Practice Charge, the parties will be notified and provided with a copy of said Charge by the Board. The parties shall be notified in writing, by the Board's Administrator or its Agent, as to the designated informal hearing process and the associated procedural requirements, pursuant to R.I. Gen. Laws § 28-7-9(5).

2. Upon a "late" filing of a written statement by either party, in accordance with § 1.9(B)(4) of this Part, the opposing party may file a Motion of Objection to the Acceptance of the Written Statement by the Board, within five (5) business days of the written statement's due date. The objection shall then be forwarded to the Board for review and determination on how to proceed. The Administrator of the Board shall notify the parties, in writing, of the results of the Board's action.

G. Withdrawal of Charge

1. A Charge, or any part thereof, may be withdrawn only with the consent of the Board, and upon such terms and conditions as the Board may deem just and proper. Upon withdrawal of any Charge at any time prior to the issuance of the Complaint thereon, or upon application of the person, Employer, or labor organization filing the Charge, the Board may permit the withdrawal of the whole, or any part thereof. At any time, subsequent to the issuance of a Complaint thereon, and upon Motion of the person, Employer, or labor organization filing the Charge, the Board may permit the withdrawal of such Charge, or any part thereof. The Complaint may thereupon be amended or withdrawn, in accordance with §§ 1.23(H) and (K) of this Part.

H. Administrative Dismissal of Unfair Labor Practice Charges After Designated Informal Hearing Process

1. Pursuant to R.I. Gen. Laws § 28-7-9(d), after the designated informal hearing process has concluded, and after consideration of the Agent's confidential report, the Board may administratively dismiss the Charge without issuing a Complaint against the respondent. Upon determination of the dismissal of the Charge by the Board, the Board's Administrator or its Agent shall notify the petitioner, in writing, of the results of the Board's action.

I. Unfair Labor Practice Charge - Administrative Dismissal; Request for Reconsideration

1. Upon receipt of notification of an administrative dismissal of the Charge, the charging party shall have five (5) business days from the date of the written dismissal to submit a written request for reconsideration, with legal justification to substantiate said reconsideration. Upon receipt of the request, the matter may be placed on the next applicable monthly Board Agenda for review and determination. The Administrator or its Agent of the Board shall notify the petitioner, in writing, of the results of the Board's action.

J. Unfair Labor Practice Charges Held in Abeyance

1. Once an Unfair Labor Practice Charge has been filed, the matter will proceed to a designated informal hearing process. The Board will only hold an Unfair Labor Practice Charge in abeyance, upon request by the charging party. Status letters will be sent to the charging party, with a copy sent to the responding party, every sixty (60) days, requesting an update. Failure to respond to any request for a status update may result in the Unfair Labor Practice Charge being dismissed.

465 R.I. Code R. 465-RICR-10-00-1.22

Amended effective 2/1/2021