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Statutes Text

Article - State Government




§22–307.

    (a)    (1)    If a party has been charged with engaging in or has engaged in an unfair labor practice, the appropriate deputy director shall investigate the charge.

        (2)    If the Board, through the deputy director’s investigation, finds that probable cause exists to support the charge of an unfair labor practice, the Board shall:

            (i)    issue a complaint against the party stating the charges; and

            (ii)    not less than 15 days after issuing the complaint, issue a notice of a hearing before the Board or the Office of Administrative Hearings.

    (b)    The Board may not issue a complaint under subsection (a)(2)(i) of this section if the unfair labor practice occurred more than 6 months before the filing of the charge.

    (c)    (1)    The deputy directors shall endeavor at all times to seek informal resolution of charges or complaints.

        (2)    The Board and the appropriate deputy director shall make all practical and reasonable efforts to resolve charges and complaints of unfair labor practices in a swift manner.

    (d)    For the purposes of examination and the right to copy, the Board and the deputy directors shall at all reasonable times have access to evidence of a person being investigated or proceeded against that relates to a matter under investigation or in question under this section.

    (e)    (1)    If there is a charge of an unfair labor practice resulting from a party’s conduct in collective bargaining and that is alleged to have an effect on the course of collective bargaining:

            (i)    the appropriate deputy director shall determine whether there is probable cause for the Board to issue a complaint;

            (ii)    if the deputy director determines there is probable cause, the Board shall issue a complaint within 30 days after the filing of the charge; and

            (iii)    if a complaint is issued, the Board shall resolve the complaint and issue a final decision within 90 days after the filing of the charge.

        (2)    The Board may accelerate the time to resolve charges and complaints in exigent circumstances under regulations adopted by the Board.

    (f)    The appropriate deputy director shall provide relevant information gathered in the investigation of a charge or complaint of unfair labor practices to the Board and the Office of Administrative Hearings.

    (g)    The charging party has the right to participate in any hearing before the Board or the Office of Administrative Hearings.

    (h)    The Board shall accept documents filed by e–mail.



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