§ 28-7-22. Testimony at hearing — Decision and orders.
(a) The testimony shall be taken at the hearing and the board in its discretion may upon notice take further testimony or hear argument. The testimony so taken or heard shall not be reduced to writing unless an appeal is taken as provided in this chapter by an aggrieved party or unless a transcript is required for proceedings in the superior court.
(b)(1) If upon all the testimony taken the board determines that the respondent has engaged in or is engaging in any unfair labor practice, the board shall state its findings of fact and shall issue and cause to be served on the respondent an order requiring the respondent to cease and desist from the unfair labor practice, and to take any further affirmative or other action that will effectuate the policies of this chapter, including, but not limited to:
(i) Withdrawal of recognition from and refraining from bargaining collectively with any employee organization or association, agency, or plan defined in this chapter as a company union, or established, maintained, or assisted by any action defined in this chapter as an unfair labor practice;
(ii) Awarding of back pay;
(iii) Reinstatement with or without back pay of any employee discriminated against in violation of § 28-7-13, or maintenance of a preferential list from which the employee shall be returned to work; and
(iv) Reinstatement with or without back pay of all employees whose work has ceased or whose return to work has been delayed or prevented as the result of the aforementioned or any other unfair labor practice in respect to any employee or employees or maintenance of a preferential list from which the employees shall be returned to work.
(2) The order may further require the person to make reports from time to time showing the extent to which the order has been complied with.
(c) If upon all the testimony the board is of the opinion that the person or persons named in the complaint have not engaged in or are not engaging in any unfair labor practice, the board shall make its findings of fact and issue an order dismissing the complaint.
History of Section.P.L. 1941, ch. 1066, § 7; P.L. 1942, ch. 1247, § 2; G.L. 1956, § 28-7-22.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-7 - Labor Relations Act
Section 28-7-1. - Short title.
Section 28-7-2. - Policy of chapter.
Section 28-7-3. - Definitions.
Section 28-7-5. - Quorum of board — Seal.
Section 28-7-6. - Annual report of board — Opinions.
Section 28-7-7. - Compensation and expenses of members — Provision of assistance.
Section 28-7-8. - Place of board meetings — Conduct of proceedings by members or agents.
Section 28-7-9. - Rules and regulations.
Section 28-7-10. - Mediation in labor disputes by board.
Section 28-7-11. - Board’s independence from department of labor and training.
Section 28-7-12. - Rights of employees.
Section 28-7-13. - Unfair labor practices.
Section 28-7-13.1. - Unfair labor practices — Public sector employee organizations.
Section 28-7-14. - Exclusive representation of employees.
Section 28-7-15. - Determination of bargaining unit.
Section 28-7-16. - Controversies as to representation.
Section 28-7-17. - Eligibility to participate in elections — Place and supervision of elections.
Section 28-7-18. - Runoff elections — Term of certification as bargaining representative.
Section 28-7-19. - Unions listed on ballot — Company unions.
Section 28-7-19.1. - Mergers and consolidations of companies.
Section 28-7-19.2. - Standards of corporate behavior.
Section 28-7-20. - Power of board to prevent unfair practices.
Section 28-7-21. - Complaints of unfair practices — Parties to proceedings — Rules of evidence.
Section 28-7-22. - Testimony at hearing — Decision and orders.
Section 28-7-23. - Modification of findings and orders.
Section 28-7-24. - Discontinuance of strike or other activity as condition of board action.
Section 28-7-25. - Expedition of proceedings.
Section 28-7-26. - Judicial enforcement of orders.
Section 28-7-27. - Proceedings in judicial hearing.
Section 28-7-28. - Jurisdiction of court — Appeal to supreme court.
Section 28-7-29. - Appeal from decision of board.
Section 28-7-30. - Board’s order not stayed by judicial proceedings.
Section 28-7-31. - Court not limited by equity jurisdiction.
Section 28-7-32. - Expedition of judicial proceedings.
Section 28-7-33. - Access of board to evidence — Subpoena power — Oaths and affirmations.
Section 28-7-34. - Taking of depositions.
Section 28-7-35. - Judicial enforcement of subpoena.
Section 28-7-36. - Privilege against self-incrimination.
Section 28-7-37. - Service of process of board — Witness fees.
Section 28-7-38. - Service of judicial process.
Section 28-7-39. - Furnishing of public records.
Section 28-7-40. - Penalty for violations.
Section 28-7-41. - Records of proceedings.
Section 28-7-42. - Budget estimates — Expenditures.
Section 28-7-43. - Appropriations and disbursements.
Section 28-7-44. - Chapter controlling.
Section 28-7-45. - Employees exempt from chapter.
Section 28-7-46. - Right to strike and concerted activities preserved.
Section 28-7-47. - Severability.
Section 28-7-48. - Prohibition against economic benefit to an unfair employer.
Section 28-7-49. - No limitation on healthcare benefit providers.