State Codes and Statutes

Statutes > Rhode-island > Title-37 > Chapter-37-13 > 37-13-15

SECTION 37-13-15

   § 37-13-15  Review. – (a) There is hereby created an appeals board which shall be comprised of three(3) members who shall be appointed by the governor; provided, however, thateach member of the appeals board shall have at least five (5) years experiencewith prevailing wage rates as they apply to the construction industry. Themembers of the appeals board shall serve without compensation. The members ofthe appeals board shall be appointed for terms of three (3) years except thatof the three (3) members originally appointed by each of the appointingauthorities: one shall be appointed for a term of one year, one shall beappointed for a term of two (2) years, and one for a term of three (3) years.

   (b) Any person aggrieved by any action taken by the directorof labor and training or his or her designated hearing officer under theauthority of this chapter, or by the failure or refusal of the director oflabor and training to take any action authorized by this chapter, may obtain areview thereof for the purpose of obtaining relief from the action or lack ofaction by filing a petition for administrative review and relief, to theappeals board as provided herein. The petition for administrative review shallbe filed within twenty (20) days of the action taken by the director of laborand training or designated hearing officer. The petition for administrativereview shall be heard within ten (10) days of the date of filing. An aggrievedperson under this section shall include:

   (1) Any person who is required to pay wages to his or heremployees or make payments to a fund on behalf of his or her employees, asprovided in this chapter;

   (2) Any person who is required to be paid wages for his orher labor or on whose behalf payments are required to be paid to funds, asprovided by this chapter;

   (3) The lawful collective bargaining representative of aperson defined in subdivision (2) above;

   (4) A trade association of which a person defined insubdivision (1) above is a member;

   (5) A proper authority as defined in this chapter;

   (6) A contractor who submitted a bid for work to be or whichhas been awarded under the provisions of this chapter or a trade association ofwhich he or she is a member; and

   (7) A labor organization which has one or more writtencollective bargaining agreements with one or more employers or a tradeassociation which sets forth the hours, wages, and working conditions of acraft, mechanic, teamster, or type of worker needed to execute the work, asprovided in this chapter to the extent that it would be affected by the actionor the failure to act of the director of labor and training or the hearingofficer.

   (c) Any aggrieved person as defined herein may obtain areview of a decision of the appeals board by filing a petition in the superiorcourt in Providence county pursuant to the provisions of the administrativeprocedures act, praying for review and relief. The petition shall follow thecourse of and be subject to the procedures for causes filed in the court.

   (d) The director is hereby empowered to enforce his or herdecision and/or the decision of the appeals board in the superior court for thecounty of Providence.

State Codes and Statutes

Statutes > Rhode-island > Title-37 > Chapter-37-13 > 37-13-15

SECTION 37-13-15

   § 37-13-15  Review. – (a) There is hereby created an appeals board which shall be comprised of three(3) members who shall be appointed by the governor; provided, however, thateach member of the appeals board shall have at least five (5) years experiencewith prevailing wage rates as they apply to the construction industry. Themembers of the appeals board shall serve without compensation. The members ofthe appeals board shall be appointed for terms of three (3) years except thatof the three (3) members originally appointed by each of the appointingauthorities: one shall be appointed for a term of one year, one shall beappointed for a term of two (2) years, and one for a term of three (3) years.

   (b) Any person aggrieved by any action taken by the directorof labor and training or his or her designated hearing officer under theauthority of this chapter, or by the failure or refusal of the director oflabor and training to take any action authorized by this chapter, may obtain areview thereof for the purpose of obtaining relief from the action or lack ofaction by filing a petition for administrative review and relief, to theappeals board as provided herein. The petition for administrative review shallbe filed within twenty (20) days of the action taken by the director of laborand training or designated hearing officer. The petition for administrativereview shall be heard within ten (10) days of the date of filing. An aggrievedperson under this section shall include:

   (1) Any person who is required to pay wages to his or heremployees or make payments to a fund on behalf of his or her employees, asprovided in this chapter;

   (2) Any person who is required to be paid wages for his orher labor or on whose behalf payments are required to be paid to funds, asprovided by this chapter;

   (3) The lawful collective bargaining representative of aperson defined in subdivision (2) above;

   (4) A trade association of which a person defined insubdivision (1) above is a member;

   (5) A proper authority as defined in this chapter;

   (6) A contractor who submitted a bid for work to be or whichhas been awarded under the provisions of this chapter or a trade association ofwhich he or she is a member; and

   (7) A labor organization which has one or more writtencollective bargaining agreements with one or more employers or a tradeassociation which sets forth the hours, wages, and working conditions of acraft, mechanic, teamster, or type of worker needed to execute the work, asprovided in this chapter to the extent that it would be affected by the actionor the failure to act of the director of labor and training or the hearingofficer.

   (c) Any aggrieved person as defined herein may obtain areview of a decision of the appeals board by filing a petition in the superiorcourt in Providence county pursuant to the provisions of the administrativeprocedures act, praying for review and relief. The petition shall follow thecourse of and be subject to the procedures for causes filed in the court.

   (d) The director is hereby empowered to enforce his or herdecision and/or the decision of the appeals board in the superior court for thecounty of Providence.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-37 > Chapter-37-13 > 37-13-15

SECTION 37-13-15

   § 37-13-15  Review. – (a) There is hereby created an appeals board which shall be comprised of three(3) members who shall be appointed by the governor; provided, however, thateach member of the appeals board shall have at least five (5) years experiencewith prevailing wage rates as they apply to the construction industry. Themembers of the appeals board shall serve without compensation. The members ofthe appeals board shall be appointed for terms of three (3) years except thatof the three (3) members originally appointed by each of the appointingauthorities: one shall be appointed for a term of one year, one shall beappointed for a term of two (2) years, and one for a term of three (3) years.

   (b) Any person aggrieved by any action taken by the directorof labor and training or his or her designated hearing officer under theauthority of this chapter, or by the failure or refusal of the director oflabor and training to take any action authorized by this chapter, may obtain areview thereof for the purpose of obtaining relief from the action or lack ofaction by filing a petition for administrative review and relief, to theappeals board as provided herein. The petition for administrative review shallbe filed within twenty (20) days of the action taken by the director of laborand training or designated hearing officer. The petition for administrativereview shall be heard within ten (10) days of the date of filing. An aggrievedperson under this section shall include:

   (1) Any person who is required to pay wages to his or heremployees or make payments to a fund on behalf of his or her employees, asprovided in this chapter;

   (2) Any person who is required to be paid wages for his orher labor or on whose behalf payments are required to be paid to funds, asprovided by this chapter;

   (3) The lawful collective bargaining representative of aperson defined in subdivision (2) above;

   (4) A trade association of which a person defined insubdivision (1) above is a member;

   (5) A proper authority as defined in this chapter;

   (6) A contractor who submitted a bid for work to be or whichhas been awarded under the provisions of this chapter or a trade association ofwhich he or she is a member; and

   (7) A labor organization which has one or more writtencollective bargaining agreements with one or more employers or a tradeassociation which sets forth the hours, wages, and working conditions of acraft, mechanic, teamster, or type of worker needed to execute the work, asprovided in this chapter to the extent that it would be affected by the actionor the failure to act of the director of labor and training or the hearingofficer.

   (c) Any aggrieved person as defined herein may obtain areview of a decision of the appeals board by filing a petition in the superiorcourt in Providence county pursuant to the provisions of the administrativeprocedures act, praying for review and relief. The petition shall follow thecourse of and be subject to the procedures for causes filed in the court.

   (d) The director is hereby empowered to enforce his or herdecision and/or the decision of the appeals board in the superior court for thecounty of Providence.