465 R.I. Code R. 465-RICR-10-00-1.24

Current through December 3, 2024

Section 465-RICR-10-00-1.24 - Agents and Legal Counsel of the Board

A. Powers and Duties of the Administrator

1. The Administrator of the Board, in addition to all powers, hereinabove, conferred upon him or her, is hereby designated by the Board as its Agent:

a. To conduct and be in full charge and control of any and all informal/formal hearing processes and the records thereof;

b. To accept service of Subpoenas Duces Tecum for Board records;

c. In the absence of the Board's Agent, to serve Subpoena(s) or Subpoena Duces Tecum issued by the Board, by certified mail, in accordance with §§ 1.10(D) and (E) of this Part;

d. In the event the Board is without legal counsel for any period of time, to accept service on court summons, Subpoenas, or Complaints, on appeals of Board cases;

e. To oversee the daily operations and responsibilities of the Rhode Island State Labor Relations Board's administrative office, as well as the planning, directing, and management of the staff engaged in the investigations and clerical activities; and to work for and under the direction of the Rhode Island State Labor Relations Board and its Chairperson as required;

f. To do any and all things necessary and proper to effectuate the policies of the Act and these general Rules and Regulations.

B. Powers and Duties of the Investigator(s)

1. All Investigators, now or hereafter, in the employ of the Rhode Island State Labor Relations Board, are hereby designated by the Board as its Agents:

a. To conduct any inquiry necessary to the functions of the Board;

b. To investigate concerning the representation of employees, including the taking of secret ballots of employees pursuant to the Act;

c. To have access to, and the right to copy evidence, to administer oaths and affirmations, in connection with his or her investigations, to examine witnesses, and to receive evidence, pursuant to the Act; and

d. To serve Subpoena(s) or Subpoena Duces Tecum issued by the Board, by certified mail, in accordance with §§ 1.10(D) and (E) of this Part.

C. Powers and Duties of the Legal Counsel

1. Pursuant to R.I. Gen. Laws § 28-7-7, the Board has the authority to select its own legal counsel:

a. To attend formal hearings;

b. To prepare Board Decision & Orders;

c. To accept service, on behalf of the Board, of court summons, Subpoenas, or Complaints, relative to labor board matters;

d. To represent the Board before the Rhode Island Superior Court and the Rhode Island Supreme Court, on appeals; and to prepare Briefs, Motions, Pleadings, etc.;

e. To advise the Board on legal questions and on the Board's rights and autonomy under the Act;

f. To represent the Board before tribunals, committees, courts, and on legislative matters, when requested; and

g. To do any and all things necessary and proper to effectuate the policies of the Act and these general Rules and Regulations.

D. Not Limiting Board to Make Special Designation of Agents

1. The foregoing designations are not to be construed to limit the power of the Board to make such special designations of Agents, consistent with the law, as may, in its discretion, be necessary or proper to effectuate the policies of the Act, nor shall the foregoing designations be construed as limiting the power of the Board, at any time, to confer upon its Agent(s), such additional and different duties as it may deem necessary and proper.

465 R.I. Code R. 465-RICR-10-00-1.24

Amended effective 2/1/2021