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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5187 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000633 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO LABOR AND LABOR RELATIONS -- LABOR RELATIONS ACT |
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| 16 | 16 | | Introduced By: Representatives Corvese, J. Brien, Noret, Azzinaro, DeSimone, Potter, |
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| 17 | 17 | | Bennett, Hull, Read, and O'Brien |
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| 18 | 18 | | Date Introduced: January 24, 2025 |
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| 19 | 19 | | Referred To: House Labor |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Sections 28-7-2, 28-7-3, 28-7-9, 28-7-20, 28-7-21, 28-7-22 and 28-7-26 of 1 |
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| 24 | 24 | | the General Laws in Chapter 28-7 entitled "Labor Relations Act" are hereby amended to read as 2 |
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| 25 | 25 | | follows: 3 |
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| 26 | 26 | | 28-7-2. Policy of chapter. 4 |
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| 27 | 27 | | (a) The economic necessity for employees to possess full freedom of association, actual 5 |
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| 28 | 28 | | liberty of contract, and bargaining power equal to that of their employers, who are frequently 6 |
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| 29 | 29 | | organized in corporate or other forms of association, has long been sanctioned by public opinion, 7 |
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| 30 | 30 | | and recognized and affirmed by legislatures and the highest courts. As the modern industrial system 8 |
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| 31 | 31 | | has progressed, there has developed between and among employees and employers an ever greater 9 |
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| 32 | 32 | | economic interdependence and community of interest which have become matters of vital public 10 |
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| 33 | 33 | | concern. Employers and employees have recognized that the peaceable practice and wholesome 11 |
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| 34 | 34 | | development of that relationship and interest are materially aided by the general adoption and 12 |
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| 35 | 35 | | advancement of the procedure and practice of bargaining collectively as between equals. It is in the 13 |
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| 36 | 36 | | public interest that equality of bargaining power be established and maintained. It is likewise 14 |
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| 37 | 37 | | recognized that the denial by some employers of the right of employees freely to organize and the 15 |
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| 38 | 38 | | resultant refusal to accept the procedure of collective bargaining substantially and adversely affect 16 |
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| 39 | 39 | | the interest of employees, other employers, and the public in general. This denial creates variations 17 |
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| 40 | 40 | | and instability in competitive wage rates and working conditions within and between industries and 18 |
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| 41 | 41 | | between employees and employers engaged in those industries, and by depressing the purchasing 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC000633 - Page 2 of 9 |
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| 45 | 45 | | power of wage earners and the profits of business, tends to: 1 |
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| 46 | 46 | | (1) Produce and aggravate recurrent business depressions; 2 |
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| 47 | 47 | | (2) Increase the disparity between production and consumption; 3 |
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| 48 | 48 | | (3) Create unemployment with its attendant dangers to the health, peace and morale of the 4 |
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| 49 | 49 | | people; and 5 |
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| 50 | 50 | | (4) Increase public and private expenditures for relief of the needy and the unemployed. 6 |
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| 51 | 51 | | (b) When some employers deny the right of employees to full freedom of association and 7 |
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| 52 | 52 | | organization, and refuse to recognize the practice and procedure of collective bargaining, their 8 |
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| 53 | 53 | | actions lead to strikes, lockouts, and other forms of industrial strife and unrest which are inimical 9 |
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| 54 | 54 | | to the public safety and welfare, and frequently endanger the public health. 10 |
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| 55 | 55 | | (c) Experience has proved that protection by law of the right of employees to organize and 11 |
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| 56 | 56 | | bargain collectively removes certain recognized sources of industrial strife and unrest, encourages 12 |
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| 57 | 57 | | practices fundamental to the friendly adjustment of industrial disputes arising out of differences as 13 |
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| 58 | 58 | | to wages, hours, or other working conditions, and tends to restore equality of bargaining power 14 |
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| 59 | 59 | | between and among employers and employees, thereby advancing the interests of employers as 15 |
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| 60 | 60 | | well as employees. 16 |
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| 61 | 61 | | (d) In the interpretation and application of this chapter and otherwise, it is declared to be 17 |
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| 62 | 62 | | the public policy of the state to encourage the practice and procedure of collective bargaining, and 18 |
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| 63 | 63 | | to protect employees, when not already protected by the National Labor Relations Board, 29 U.S.C. 19 |
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| 64 | 64 | | §§151-169 in the exercise of full freedom of association, self organization, and designation of 20 |
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| 65 | 65 | | representatives of their own choosing for the purposes of collective bargaining, or other mutual aid 21 |
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| 66 | 66 | | and protection, free from the interference, restraint, or coercion of their employers. 22 |
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| 67 | 67 | | (e) All the provisions of this chapter shall be liberally construed for the accomplishment of 23 |
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| 68 | 68 | | this purpose. 24 |
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| 69 | 69 | | (f) This chapter shall be deemed an exercise of the police power of the state for the 25 |
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| 70 | 70 | | protection of the public welfare, prosperity, health, and peace of the people of the state. 26 |
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| 71 | 71 | | 28-7-3. Definitions. 27 |
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| 72 | 72 | | When used in this chapter: 28 |
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| 73 | 73 | | (1) “Board” means the labor relations board created by § 28-7-4. 29 |
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| 74 | 74 | | (2) “Company union” means any committee employee representation plan or association 30 |
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| 75 | 75 | | of employees that exists for the purpose, in whole or in part, of dealing with employers concerning 31 |
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| 76 | 76 | | grievances or terms and conditions of employment, that the employer has initiated or created or 32 |
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| 77 | 77 | | whose initiation or creation he or she has suggested, participated in or in the formulation of whose 33 |
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| 78 | 78 | | governing rules or policies or the conducting of whose management, operations, or elections the 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC000633 - Page 3 of 9 |
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| 82 | 82 | | employer participates in or supervises, or which the employer maintains, finances, controls, 1 |
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| 83 | 83 | | dominates, or assists in maintaining or financing, whether by compensating any one for services 2 |
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| 84 | 84 | | performed in its behalf or by donating free services, equipment, materials, office or meeting space 3 |
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| 85 | 85 | | or anything else of value, or by any other means. 4 |
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| 86 | 86 | | (3)(i) “Employees” includes, but is not restricted to, any individual employed by a labor 5 |
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| 87 | 87 | | organization; any individual whose employment has ceased as a consequence of, or in connection 6 |
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| 88 | 88 | | with, any current labor dispute or because of any unfair labor practice, and who has not obtained 7 |
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| 89 | 89 | | any other regular and substantially equivalent employment; and shall not be limited to the 8 |
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| 90 | 90 | | employees of a particular employer, unless the chapter explicitly states otherwise; 9 |
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| 91 | 91 | | (ii) “Employees” does not include any individual employed by his or her parent or spouse 10 |
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| 92 | 92 | | or in the domestic service of any person in his or her home, or any individuals employed only for 11 |
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| 93 | 93 | | the duration of a labor dispute, or any individuals employed as farm laborers; provided that, any 12 |
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| 94 | 94 | | individual employed by an employer in an industry established or regulated pursuant to chapters 13 |
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| 95 | 95 | | 28.6 or 28.11 of title 21 shall be an employee within the meaning of this chapter and shall not be 14 |
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| 96 | 96 | | considered a farm laborer.; 15 |
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| 97 | 97 | | (iii) "Employees" is further defined as any person who performs services for another, under 16 |
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| 98 | 98 | | the other's control or right of control, and in return for payment or other compensation including, 17 |
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| 99 | 99 | | but not limited to, students including teaching assistants, research assistants, fellows, residential 18 |
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| 100 | 100 | | assistants and proctors who perform services for an employer, notwithstanding whether supervised 19 |
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| 101 | 101 | | teaching, research or other services, are a component of their academic development; 20 |
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| 102 | 102 | | (iv) “Right of control” means as the determination or ability to determine essential terms 21 |
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| 103 | 103 | | and conditions of employment including, but not limited to, wages, benefits, and other 22 |
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| 104 | 104 | | compensation; hours of work and scheduling; the assignment of duties to be performed; the 23 |
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| 105 | 105 | | supervision of the performance of duties; work rules and directions governing the manner, means, 24 |
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| 106 | 106 | | and methods of the performance of duties and the grounds for discipline; the tenure of employment, 25 |
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| 107 | 107 | | including hiring and discharge; and working conditions, related to the safety and health of 26 |
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| 108 | 108 | | employees. 27 |
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| 109 | 109 | | (4) “Employer” includes any person acting on behalf of or in the interest of an employer, 28 |
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| 110 | 110 | | directly or indirectly, with or without his or her knowledge, but a labor organization or any officer 29 |
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| 111 | 111 | | or its agent shall only be considered an employer with respect to individuals employed by the 30 |
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| 112 | 112 | | organization. 31 |
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| 113 | 113 | | (5) “Labor dispute” includes, but is not restricted to, any controversy between employers 32 |
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| 114 | 114 | | and employees or their representatives as defined in this section concerning terms, tenure, or 33 |
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| 115 | 115 | | conditions of employment or concerning the association or representation of persons in negotiating, 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC000633 - Page 4 of 9 |
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| 119 | 119 | | fixing, maintaining, changing, or seeking to negotiate, fix, maintain, or change terms or conditions 1 |
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| 120 | 120 | | of employment, or concerning the violation of any of the rights granted or affirmed by this chapter, 2 |
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| 121 | 121 | | regardless of whether the disputants stand in the proximate relation of employer and employee. 3 |
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| 122 | 122 | | (6) “Labor organization” means any organization that exists and is constituted for the 4 |
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| 123 | 123 | | purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning 5 |
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| 124 | 124 | | grievances, terms or conditions of employment, or of other mutual aid or protection and which is 6 |
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| 125 | 125 | | not a company union as defined in this section. 7 |
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| 126 | 126 | | (7) “Person” includes one or more individuals, partnerships, associations, corporations, 8 |
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| 127 | 127 | | legal representatives, trustees, trustees in bankruptcy, or receivers. 9 |
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| 128 | 128 | | (8) “Policies of this chapter” means the policies set forth in § 28-7-2. 10 |
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| 129 | 129 | | (9) “Representatives” includes a labor organization or an individual whether or not 11 |
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| 130 | 130 | | employed by the employer of those whom he or she represents. 12 |
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| 131 | 131 | | (10) “Unfair labor practice” means only those unfair labor practices listed in §§ 28-7-13 13 |
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| 132 | 132 | | and 28-7-13.1. 14 |
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| 133 | 133 | | 28-7-9. Rules and regulations. 15 |
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| 134 | 134 | | (a) The board shall have authority from time to time to make, amend, and rescind any rules 16 |
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| 135 | 135 | | and regulations that may be necessary to carry out the provisions of this chapter including the 17 |
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| 136 | 136 | | determination of the life of the selected representatives. The rules and regulations shall be effective 18 |
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| 137 | 137 | | upon publication in the manner that the board prescribes. 19 |
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| 138 | 138 | | (b) The rules and regulations for state and municipal employees shall include, but not be 20 |
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| 139 | 139 | | limited to, the following: 21 |
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| 140 | 140 | | (1) The board shall require a labor organization to submit cards of interest signed by at 22 |
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| 141 | 141 | | least thirty percent (30%) of the employees in the appropriate bargaining unit indicating a desire to 23 |
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| 142 | 142 | | be represented by the labor organization so designated. Cards of interest signed by at least twenty 24 |
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| 143 | 143 | | percent (20%) of the employees in the appropriate bargaining unit shall be required to intervene. 25 |
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| 144 | 144 | | The board shall certify the authenticity of all cards of interest submitted. 26 |
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| 145 | 145 | | (2) The board shall not consider a petition for representation whenever it appears that a 27 |
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| 146 | 146 | | collective bargaining agreement is in existence; provided, that the board may consider a petition 28 |
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| 147 | 147 | | within a thirty-day (30) period immediately preceding sixty (60) days prior to the expiration date 29 |
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| 148 | 148 | | of the collective bargaining agreement. 30 |
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| 149 | 149 | | (3) A petition for unit clarification may be filed at any time with the board by: 31 |
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| 150 | 150 | | (i) An exclusive bargaining agent; 32 |
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| 151 | 151 | | (ii) The applicable municipality; or 33 |
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| 152 | 152 | | (iii) The state where appropriate. 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC000633 - Page 5 of 9 |
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| 156 | 156 | | (4) In addition to the provisions of § 28-7-22, the board is empowered to order complete 1 |
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| 157 | 157 | | relief upon a finding of any unfair labor practice. 2 |
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| 158 | 158 | | (5) All charges of unfair labor practices and petitions for unit classification shall be 3 |
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| 159 | 159 | | informally heard by the board within thirty (30) days upon receipt of the charges petitions. Within 4 |
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| 160 | 160 | | sixty (60) days of the charges or petition the board shall hold a formal hearing. A final decision 5 |
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| 161 | 161 | | shall be rendered by the board within sixty (60) days after the hearing on the charges or petition is 6 |
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| 162 | 162 | | completed and a transcript of the hearing is received by the board. 7 |
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| 163 | 163 | | (6) When an unfair labor practice charge is made, the administrator shall refer the matter 8 |
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| 164 | 164 | | to an investigator. 9 |
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| 165 | 165 | | (i) The investigator may issue an order dismissing the charge, deferring any charge which 10 |
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| 166 | 166 | | is the subject of a pending grievance or arbitration, or recommending to the board that a complaint 11 |
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| 167 | 167 | | issue and a hearing take place. Unless the charge is dismissed or deferred, the investigator shall 12 |
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| 168 | 168 | | promptly meet with the parties, investigate whether settlement of the charge is possible, and clarify 13 |
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| 169 | 169 | | and narrow the issues before the recommendation for a complaint is made to the board. 14 |
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| 170 | 170 | | (ii) If the board issues a complaint and a hearing is ordered, the administrator shall set the 15 |
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| 171 | 171 | | time and place for the hearing, which time and place may be changed by the administrator at the 16 |
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| 172 | 172 | | request of one of the parties, for cause shown. Any party may file a motion to dismiss the complaint 17 |
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| 173 | 173 | | or for a summary decision, prior to a hearing. At the hearing, which shall be presided over by a 18 |
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| 174 | 174 | | hearing officer, the employer, the employee organization, or the person who is the subject of the 19 |
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| 175 | 175 | | complaint shall have the right to appear in person or otherwise to defend against the complaint. 20 |
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| 176 | 176 | | (iii) At the conclusion of the hearing, the hearing officer shall issue written findings of fact 21 |
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| 177 | 177 | | and shall determine whether an unfair labor practice has been committed and, if so, shall issue an 22 |
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| 178 | 178 | | order requiring the charged party to cease and desist from such unfair practice, and may take such 23 |
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| 179 | 179 | | further affirmative action as will comply with the provisions of this section. 24 |
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| 180 | 180 | | (iv) Any order issued pursuant to this section shall become final and binding unless, within 25 |
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| 181 | 181 | | ten (10) days, after notice thereof, any party requests a review by the board. A review may be made 26 |
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| 182 | 182 | | upon the record, which shall consist of the pleadings, motions, rulings, and the testimony taken at 27 |
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| 183 | 183 | | the hearing, if any, or upon such portions of the record, as the parties may designate. 28 |
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| 184 | 184 | | (v) Upon any complaint made under this section and a petition filed by one or more parties 29 |
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| 185 | 185 | | to the proceeding, the board, in its discretion and for good cause shown, may order that the hearing 30 |
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| 186 | 186 | | be conducted by the board itself. 31 |
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| 187 | 187 | | (vi) At the conclusion of that hearing, the board shall issue written findings of fact and shall 32 |
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| 188 | 188 | | determine whether an unfair labor practice has been committed and, if so, shall issue an order 33 |
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| 189 | 189 | | requiring the charged party to cease and desist from such unfair practice, and may take such further 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC000633 - Page 6 of 9 |
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| 193 | 193 | | affirmative action it deems appropriate to comply with the provisions of this section. 1 |
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| 194 | 194 | | (c) Insofar as the provisions of this section are inconsistent with the provisions of chapter 2 |
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| 195 | 195 | | 11 of title 36 and chapter 9.4 of this title, the provisions of this section are controlling. 3 |
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| 196 | 196 | | (d) The provisions of this section shall not be construed to prevent or limit the board or its 4 |
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| 197 | 197 | | agents by direction of the board, consistent with published rules and regulations, from dismissing, 5 |
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| 198 | 198 | | after investigation and informal hearings, the unfair labor practices charge. All unit classification 6 |
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| 199 | 199 | | petitions shall receive a formal hearing if requested by either party. The board or its agents shall 7 |
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| 200 | 200 | | maintain a written record of any dismissals. 8 |
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| 201 | 201 | | (7) The board shall establish standards for deferring a pending unfair labor practice charge 9 |
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| 202 | 202 | | to grievance and arbitration procedures in the charging parties’ collective bargaining agreement. 10 |
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| 203 | 203 | | (e) The board shall promulgate the appropriate rules and regulations allowing for the 11 |
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| 204 | 204 | | electronic filing of cards of interest, decertification signature cards, signature affirmation 12 |
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| 205 | 205 | | document, and designation of bargaining agent and waiver of right-to-vote forms. 13 |
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| 206 | 206 | | 28-7-20. Power of board to prevent unfair practices. 14 |
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| 207 | 207 | | (a) The board is empowered and directed, as provided in this chapter, to prevent any 15 |
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| 208 | 208 | | employer, or public sector employee organization as provided in § 28-7-13.1, from engaging in any 16 |
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| 209 | 209 | | unfair labor practice. This power shall not be affected or impaired by any means of adjustment, 17 |
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| 210 | 210 | | mediation, or conciliation in labor disputes that have been or may be established by law. 18 |
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| 211 | 211 | | (b) The board shall develop a procedure for an employer or an employee organization to 19 |
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| 212 | 212 | | request temporary injunctive relief pending a determination of an unfair labor practice. The board 20 |
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| 213 | 213 | | shall have the ability to issue injunctive relief and enforce any such order, as provided in § 28-7-21 |
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| 214 | 214 | | 26. 22 |
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| 215 | 215 | | (c)(1) Upon a finding by the board that the employer has committed an unfair labor 23 |
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| 216 | 216 | | practice, the employer shall be subject to a civil penalty of up to one thousand dollars ($1,000) per 24 |
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| 217 | 217 | | each affected bargaining unit member, not to exceed one hundred thousand dollars ($100,000) in 25 |
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| 218 | 218 | | total, which shall be deposited in the general fund. 26 |
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| 219 | 219 | | (2) The board shall apply the following criteria when assessing a civil penalty pursuant to 27 |
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| 220 | 220 | | subsection (c)(1) of this section: 28 |
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| 221 | 221 | | (i) The employer’s annual budget; 29 |
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| 222 | 222 | | (ii) The severity of the violation; and 30 |
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| 223 | 223 | | (iii) Any prior history of violations by the employer. 31 |
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| 224 | 224 | | 28-7-21. Complaints of unfair practices — Parties to proceedings — Rules of 32 |
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| 225 | 225 | | evidence. 33 |
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| 226 | 226 | | (a) Whenever a charge has been made that any employer or public sector employee 34 |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LC000633 - Page 7 of 9 |
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| 230 | 230 | | organization, as provided in § 28-7-13.1, has engaged in or is engaging in any unfair labor practice, 1 |
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| 231 | 231 | | the board shall have the power to issue and cause to be served upon the party a complaint stating 2 |
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| 232 | 232 | | those charges in that respect and containing a notice of a hearing before the board at a place fixed 3 |
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| 233 | 233 | | in the complaint, to be held not less than seven (7) days after the serving of the complaint. Any 4 |
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| 234 | 234 | | complaint may be amended by the board or its agent conducting the hearing at any time prior to the 5 |
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| 235 | 235 | | issuance of an order based on the complaint. The person complained of shall have the right to file 6 |
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| 236 | 236 | | an answer to the original or amended complaint within five (5) days after the service of the original 7 |
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| 237 | 237 | | or amended complaint and to appear in person or otherwise to give testimony at the place and time 8 |
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| 238 | 238 | | set in the complaint. In the discretion of a member or agent conducting the hearing, or of the board, 9 |
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| 239 | 239 | | any other person may be allowed to intervene in the proceedings and to present testimony. In any 10 |
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| 240 | 240 | | proceeding the board or its agent is not bound by technical rules of evidence prevailing in the courts. 11 |
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| 241 | 241 | | (b) The board shall have jurisdiction to issue a complaint and make a ruling on any unfair 12 |
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| 242 | 242 | | labor practice charge, notwithstanding a pending grievance on the same or similar issue. 13 |
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| 243 | 243 | | 28-7-22. Testimony at hearing — Decision and orders. 14 |
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| 244 | 244 | | (a) The testimony shall be taken at the hearing and the board in its discretion may upon 15 |
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| 245 | 245 | | notice take further testimony or hear argument. The testimony so taken or heard shall not be reduced 16 |
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| 246 | 246 | | to writing unless an appeal is taken as provided in this chapter by an aggrieved party or unless a 17 |
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| 247 | 247 | | transcript is required for proceedings in the superior court. 18 |
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| 248 | 248 | | (b)(1) If upon all the testimony taken the board determines that the respondent has engaged 19 |
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| 249 | 249 | | in or is engaging in any unfair labor practice, the board shall state its findings of fact and shall issue 20 |
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| 250 | 250 | | and cause to be served on the respondent an order requiring the respondent to cease and desist from 21 |
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| 251 | 251 | | the unfair labor practice, and to take any further affirmative or other action that will effectuate the 22 |
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| 252 | 252 | | policies of this chapter, including, but not limited to: 23 |
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| 253 | 253 | | (i) Withdrawal of recognition from and refraining from bargaining collectively with any 24 |
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| 254 | 254 | | employee organization or association, agency, or plan defined in this chapter as a company union, 25 |
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| 255 | 255 | | or established, maintained, or assisted by any action defined in this chapter as an unfair labor 26 |
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| 256 | 256 | | practice; 27 |
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| 257 | 257 | | (ii) Awarding of back pay, including interest; 28 |
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| 258 | 258 | | (iii) Reinstatement with or without back pay of any employee discriminated against in 29 |
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| 259 | 259 | | violation of § 28-7-13, or maintenance of a preferential list from which the employee shall be 30 |
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| 260 | 260 | | returned to work; and 31 |
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| 261 | 261 | | (iv) Reinstatement with or without back pay of all employees whose work has ceased or 32 |
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| 262 | 262 | | whose return to work has been delayed or prevented as the result of the aforementioned or any other 33 |
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| 263 | 263 | | unfair labor practice in respect to any employee or employees or maintenance of a preferential list 34 |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | LC000633 - Page 8 of 9 |
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| 267 | 267 | | from which the employees shall be returned to work; and 1 |
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| 268 | 268 | | (v) Awarding of attorneys’ fees and costs to the prevailing party as part of a make-whole 2 |
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| 269 | 269 | | remedy. 3 |
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| 270 | 270 | | (2) The order may further require the person to make file reports from time to time, showing 4 |
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| 271 | 271 | | the extent to which the order has been complied with. 5 |
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| 272 | 272 | | (c) If upon all the testimony the board is of the opinion that the person or persons named 6 |
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| 273 | 273 | | in the complaint have not engaged in or are not engaging in any unfair labor practice, the board 7 |
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| 274 | 274 | | shall make its findings of fact and issue an order dismissing the complaint. 8 |
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| 275 | 275 | | 28-7-26. Judicial enforcement of orders. 9 |
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| 276 | 276 | | (a) The board shall have the power to petition the superior court of the state within the 10 |
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| 277 | 277 | | county where the unfair labor practice in question occurred or where any person charged with the 11 |
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| 278 | 278 | | unfair labor practice resides or transacts business. If that court is on vacation or in recess, then the 12 |
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| 279 | 279 | | board may petition to the superior court of any county adjoining the county where the unfair labor 13 |
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| 280 | 280 | | practice in question occurred or where any person charged with the unfair labor practice resides or 14 |
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| 281 | 281 | | transacts business, for the enforcement of the order and for appropriate temporary relief or 15 |
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| 282 | 282 | | restraining order. The board shall certify and file in the court a transcript of the entire record in the 16 |
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| 283 | 283 | | proceeding, including the pleadings and testimony upon which the order was made and the findings 17 |
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| 284 | 284 | | and order of the board. 18 |
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| 285 | 285 | | (b) Upon the filing, the court shall cause notice of the filing to be served on the person, and 19 |
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| 286 | 286 | | at that time shall have jurisdiction of the proceeding and of the question determined in the 20 |
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| 287 | 287 | | proceeding. The court shall have the power to grant any temporary relief or restraining order that 21 |
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| 288 | 288 | | it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set 22 |
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| 289 | 289 | | forth in the transcript a decree enforcing, modifying, and enforcing as so modified, or setting aside, 23 |
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| 290 | 290 | | in whole or in part, the order of the board. 24 |
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| 291 | 291 | | (c) If the board initiates proceedings with the superior court to enforce or achieve 25 |
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| 292 | 292 | | compliance with a board order issued pursuant to this section or is required to defend a decision by 26 |
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| 293 | 293 | | the board involving this section after an employer seeks judicial review, the court shall award the 27 |
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| 294 | 294 | | board attorneys' fees and costs, if it is the prevailing party. 28 |
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| 295 | 295 | | SECTION 2. This act shall take effect upon passage. 29 |
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| 296 | 296 | | ======== |
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| 297 | 297 | | LC000633 |
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| 298 | 298 | | ======== |
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| 299 | 299 | | |
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| 300 | 300 | | |
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| 301 | 301 | | LC000633 - Page 9 of 9 |
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| 302 | 302 | | EXPLANATION |
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| 303 | 303 | | BY THE LEGISLATIVE COUNCIL |
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| 304 | 304 | | OF |
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| 305 | 305 | | A N A C T |
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| 306 | 306 | | RELATING TO LABOR AND LABOR RELATIONS -- LABOR RELATIONS ACT |
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| 307 | 307 | | *** |
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| 308 | 308 | | This act would expand the definition of "employee". It would also modify how the state's 1 |
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| 309 | 309 | | labor relations board operates and aids in enforcement of the board's orders. 2 |
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| 310 | 310 | | This act would take effect upon passage. 3 |
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| 311 | 311 | | ======== |
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| 312 | 312 | | LC000633 |
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| 313 | 313 | | ======== |
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