§ 28-7-22 - Testimony at hearing – Decision and orders.
SECTION 28-7-22
§ 28-7-22 Testimony at hearing –Decision and orders. – (a) The testimony shall be taken at the hearing and the board in its discretionmay upon notice take further testimony or hear argument. The testimony so takenor heard shall not be reduced to writing unless an appeal is taken as providedin this chapter by an aggrieved party or unless a transcript is required forproceedings in the superior court.
(b) If upon all the testimony taken the board determines thatthe respondent has engaged in or is engaging in any unfair labor practice, theboard shall state its findings of fact and shall issue and cause to be servedon the respondent an order requiring the respondent to cease and desist fromthe unfair labor practice, and to take any further affirmative or other actionthat will effectuate the policies of this chapter, including, but not limitedto:
(i) Withdrawal of recognition from and refraining frombargaining 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 employeediscriminated against in violation of § 28-7-13, or maintenance of apreferential list from which the employee shall be returned to work;
(iv) Reinstatement with or without back pay of all employeeswhose work has ceased or whose return to work has been delayed or prevented asthe result of the aforementioned or any other unfair labor practice in respectto any employee or employees or maintenance of a preferential list from whichthe employees shall be returned to work.
(2) The order may further require the person to make reportsfrom 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 opinionthat the person or persons named in the complaint have not engaged in or arenot engaging in any unfair labor practice, the board shall make its findings offact and issue an order dismissing the complaint.