465 R.I. Code R. 465-RICR-10-00-1.6

Current through November 7, 2024

Section 465-RICR-10-00-1.6 - Required Contents of Pleadings and Other Documents

A. Pleadings; Construction

1. All Pleadings shall be liberally construed.

B. Certification of Service

1. All Motions, Pleadings, and Briefs submitted to the Board must contain a certification of notice that a copy of said document(s) was sent to all other parties' representatives of record, which shall specify the date of notice, method(s) of transmission, and name and address of recipient(s) of notice.

2. Included in every electronic transmission (e-mail) to the opposing party, shall be a copy (Cc) of said transmission to the Administrator of the Board and must certify the same therein.

C. Confidential or Protected Information

1. Confidential Information

a. When a party files any document, which contains material or a reproduction, quotation, or extensive paraphrase of confidential information as defined by § 1.2(A)(14) of this Part, it is the responsibility of the filer to ensure that confidential information is omitted or redacted. The Board will not review filings to determine whether appropriate omissions or redactions have been made.

2. Protected Information

a. When a party files any document, which contains protected information as defined by § 1.2(A)(45) of this Part, it is the responsibility of the filer to ensure that the protected information is omitted or redacted from the document before the document is filed; unless the protected information is required by statute or rule to be included or is material to the proceeding. The Board will not review filings to determine whether appropriate omissions or redactions have been made.

D. Requirement to Affix Case Law

1. Every Brief submitted to the Board, for its consideration, shall have appended to it, a copy of every principal Federal case cited therein.

E. Format of Pleadings and Other Papers

1. All Motions, Pleadings, and Briefs submitted to the Board, other than the original Unfair Labor Practice Charge, Petition for Investigation of Controversies as to Representation, Petition for Decertification of a Certified Bargaining Representative, Petition for Unit Clarification and/or Accretion/Exclusion, or Petition for Affiliation/Merger, shall be on letter size paper (eight-and-one-half inches by eleven inches (8.5" x 11") in size), and shall be double-spaced. Footnotes, whenever possible, shall be located on the bottom of the page, wherein the citation occurs. Documents not complying with this requirement shall not be accepted by the Board; and shall be returned with direction.

F. Petitions: Compliance; General Requirements for All Petitions

1. All Petitions filed with the Board shall be typewritten and shall be 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, to the Board. Petition forms may be obtained on the Board's website at www.rislrb.ri.gov.

2. A Petition in a proceeding shall not be dismissed, with prejudice, for failure of the petitioner to set forth in the Petition all the information required. The Petition may, however, not be accepted, in accordance with § 1.5(F)(4) of this Part; and shall be returned to the petitioner for substantial completion. The Petition shall not be considered filed until completed satisfactorily; and a transmission of a confirmation of electronic filing has been received by the party(s).

G. Signatures

1. All documents filed with the Board shall be signed and dated by the party, in blue ink, on whose behalf the filing is made, or by the party's authorized representative. The signature constitutes a certification that the individual signing the document has read the document, knows the contents thereof, and to the best of his or her knowledge and belief that the statements are true, that it is not interposed for delay, and that if the document has been signed by a duly authorized representative, he or she has the full power and authority to do so.

H. Timeframe for Filing of a Charge; Petitions; Motions; Pleadings; Briefs; and Written Documentation

1. The filing date of a Charge or Petition shall be the date that the Charge or Petition is received in the Board's administrative office in accordance with § 1.5(G)(1)(a) of this Part.

2. All said submitted Petitions must be an original Petition, signed in blue ink, at the time of filing.

3. All Motions, Pleadings, Briefs, and all other written documentation shall not be considered timely filed unless received by the filing deadline in accordance with § 1.5(G)(2) of this Part.

4. All the above-mentioned documentation must be received by or before 3:00 p.m. in order to be considered timely filed for that calendar day. Documentation received after 3:00 p.m. shall be considered filed and documented on the next regular business day.

5. Electronic documents are considered to be officially filed upon receipt of the electronic filing (e-filing) confirmation notice. Said filings shall have the same force and effect as documents time stamped in a non-electronic manner. Upon approval of said filing by the Board's Administrator or its Agent, the filer shall receive confirmation of either acceptance or non-acceptance of said document by the Board.

I. Submission of Correspondence

1. All correspondence listed below must be submitted to the Board on "formal letterhead" with an original signature, signed in blue ink, in accordance with § 1.5 of this Part:

a. All requests for postponement of informal and formal hearings, as set forth in § 1.8(L) of this Part;

b. All requests for abeyances of Unfair Labor Practice Charges and Complaints, as set forth in §§ 1.22(J) and 1.23(L) of this Part;

c. All submissions of written statements, as set forth in § 1.9(A) of this Part;

d. Parties' response to Investigative Reports as set forth in §§ 1.16(B) (2) and 1.17(B)(2) of this Part; and

e. Any and all other written correspondence not stated above.

465 R.I. Code R. 465-RICR-10-00-1.6

Amended effective 2/1/2021