Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 30 - STATE HIGHER EDUCATION LABOR RELATIONS BOARD
Chapter 14.30.07 - Unfair Labor Practices
Section 14.30.07.04 - Relief from Unfair Labor Practices
Current through Register Vol. 50, No. 25, December 15, 2023
A. A party alleging an unfair labor practice may request relief from the Board by filing a petition with the Executive Director, within 90 days of knowledge of the occurrence, under the procedures set forth in COMAR 14.30.11 except as otherwise modified by this regulation.
B. The petition shall:
C. A copy of the petition shall be served on all other parties.
D. Withdrawal. A petition or a part of a petition may be withdrawn or amended. The refiling or amendment of a part of a petition is subject to §A of this regulation.
E. Response. Within 20 days of service of a petition or an amendment of a petition, a respondent shall file a written response to the petition or amendment, signed by the respondent or designated representative, and serve a copy on the petitioner. The response shall include any defenses to the alleged unfair labor practices.
F. Investigation. Pursuant to State Personnel and Pensions Article, §§ 3-2A-05(b)(1) and 3-2A-07(a), Annotated Code of Maryland, the Board authorizes and directs the Executive Director to, subject to final review and approval by the Board:
G. Written Report. The results of the investigation shall be set forth in a written report and served on all parties to the unfair labor practice petition. The report shall set forth the Executive Director's recommendations to the Board as to:
H. Board Action.
I. Only the unfair labor practices set forth in this chapter and specified in the petition shall be considered in the proceeding.
J. In hearing held to resolve the issues raised by the petition, the party filing the petition shall have the burden of proof by the preponderance of the evidence.
K. If the Board finds an unfair labor practice has been or is being committed, the Board shall take the action that it deems necessary to remedy the unfair labor practice including:
L. If it has not been shown by a preponderance of the evidence that a party has engaged in or is engaging in an unfair labor practice, then the Board shall state its findings of facts and conclusions of law and issue an order dismissing the petition.
M. The Executive Director shall notify the parties by U.S. Mail and/or electronic mail when a petition is dismissed.
Regulation .04 adopted
effective April 1, 2002 (29:6 Md. R. 568)
Regulation .04 amended as
an emergency provision effective March 3, 2003 (30:13 Md. R. 852); amended
permanently effective September 29, 2003 (30:19 Md. R. 1335)
Regulation .04 amended effective November 29, 2010 (37:24 Md. R.
1659)
Regulation .04A amended effective March 13, 2006 (33:5 Md. R.
522)
Regulation .04E amended effective October 22, 2007 (34:21 Md.
R. 1917)
Regulation .04F amended effective October 22, 2007 (34:21
Md. R. 1917); amended effective
49:14
Md. R.704, eff. 7/11/2022