LD 1318
pg. 14
Page 13 of 16 An Act To Provide Collective Bargaining Rights to Certain Forest Products Worke... Page 15 of 16
Download Bill Text
LR 1321
Item 1

 
charge that was determined frivolous did so knowing the charge
to be frivolous, the board shall state its findings of fact and
shall issue an order requiring that person to pay the reasonable
attorney's fees and double the amount of other reasonable costs
incurred by the person against whom the charge was made in
defending against the charge before the board. When it is
disputed, reasonableness must be determined by the board. The
order must also require that person to reimburse the State for
the per diem payments made to board members for their attendance
at the hearing on the charge.__Failure to comply with such an
order is a violation of this chapter.

 
§1360. Subpoena

 
In any proceeding before the board under this chapter, the
board may issue subpoenas for the attendance of witnesses or
for the production of documents and may examine witnesses
under oath.__The board shall issue subpoenas for the
attendance of witnesses or for the production of documents
upon written application of a party to a proceeding.__A person
who fails to obey the subpoena of the board may be punished as
for contempt of court on application by the board to the
Superior Court for the county in which that failure occurred.__
Witnesses who are summoned before the board or its agents are
entitled to the same witness and mileage fees as are paid to
witnesses subpoenaed in the District Courts of the State.

 
§1361.__Enforcement of orders and judicial review

 
1.__Complaint.__The board may file a complaint in Superior
Court for the enforcement of orders issued by the board under
sections 1358 and 1359 and for appropriate temporary relief or
a restraining order.__The board shall file with the court the
original or certified copy of the entire record in the
proceeding and shall cause notice of the complaint to be
served upon the person against whom enforcement or relief is
sought.__The court may grant temporary relief or a restraining
order as it considers just and proper, including making and
entering a judgment enforcing; modifying and enforcing as so
modified; or setting aside, in whole or in part, the order of
the board.

 
A.__The court may not consider an objection that was not
made to the board, unless the failure or neglect to make
the objection is excused by extraordinary circumstances.
The findings of the board with respect to questions of
fact, if supported by substantial evidence on the record
considered as a whole, are conclusive.

 
B.__If either party applies to the court for leave to adduce
additional evidence and shows to the satisfaction of the


Page 13 of 16 Top of Page Page 15 of 16