Section 465-RICR-10-00-1.9 - Informal HearingsA. Notification of Hearings; Written Statements1. Upon the filing of an Unfair Labor Practice Charge, 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, in accordance with § 1.22(F) of this Part.2. Upon the filing of a Petition for Investigation of Controversies as to Representation, Petition for Decertification of a Certified Bargaining Representative, or Petition for Unit Clarification and/or Accretion/Exclusion, the Board's Administrator or its Agent will notify the parties in writing, of the date, time, location, and manner of the designated informal conference or hearing, which will be conducted by the Board's Administrator or its Agent.B. Parties Required to Appear; Failure to Appear; Failure to Submit Timely Statements; Sanctions 1. A charging party or petitioner who fails to appear for an informal hearing, or who fails to submit written statements, in accordance with the directives of the Board, may have its Petition or Charge administratively dismissed. It is the charging party or petitioner's responsibility to be in compliance with the Board's directives.2. In the case of a Petition for Unit Clarification and/or Accretion/Exclusion, if only the petitioner has failed to appear at the informal hearing, without notice or good cause, the matter may be administratively dismissed and shall not be re-filed for a one (1) year period.3. In the case of an Unfair Labor Practice Charge, if only the charging party has failed to comply with the Board's designated informal hearing processes, as directed, without notice or good cause, the matter may be administratively dismissed and shall not be re-filed. The respondent, if planning to object to the requested relief, must comply with the Board's directives as noticed.4. Upon a "late" filing of a written statement by either party, 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.5. Any party who fails to appear within fifteen (15) minutes of the scheduled hearing time may be considered to have "failed to appear."6. Parties who fail to appear or comply with the Board's directives may be sanctioned in accordance with § 1.10(C) of this Part.C. Administrative Dismissal of Unfair Labor Practice Charges After Designated Informal Hearing Process1. 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.D. 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.2. Upon receipt of the request, the matter may be placed on the next applicable monthly Board Meeting 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.465 R.I. Code R. 465-RICR-10-00-1.9
Amended effective 2/1/2021