Current through Register Vol. 51, No. 19, September 20, 2024
A. After a
charge is properly filed with the Board, the Executive Director shall, as soon
as reasonably practicable, email or mail a copy of the charge to all parties
along with a letter explaining the next steps of the process.
B. A Deputy Director shall commence
investigation of a charge as soon as reasonably practicable after it is filed,
and notify the Executive Director and the Board if the Deputy Director finds:
(1) The charge is untimely filed;
(2) The charge fails to state an actionable
claim under State Government Article, Title 22, Annotated Code of Maryland;
or
(3) The Board holds no
jurisdiction over the claims presented in the charge.
C. If the charge alleges an unfair labor
practice "resulting from a party's conduct in collective bargaining" and
alleges it has affected bargaining, the following actions are required:
(1) A Deputy Director shall notify the
charged party that it must file a response to the charge with the Board within
10 days of the date of the letter issued by a Deputy Director under §A of
this regulation.
(2) The charged
party's response shall include a specific admission or denial of each
allegation of the complaint. Admissions or denials may be made to all or part
of an allegation but shall fairly address the allegations. If appropriate, the
answer may include any defense.
(3)
If, upon proper service of the complaint, the respondent fails to file a
response, the failure may be considered by the Board to be an admission of the
material facts alleged in the complaint.
(4) The Deputy Director shall investigate the
allegations, the defenses, and all relevant facts.
(5) Within 20 days of the filing of the
charge, the Deputy Director shall seek informal resolution of the charge with
the parties.
(6) Within 20 days of
the filing of the charge, the Deputy Director shall submit to the Board a
written report. The report shall set forth the Deputy Director's
recommendations to the Board as to whether, based on the totality of the
factual circumstances ascertained during the investigation, probable cause
exists to believe that the alleged unfair labor practice has
occurred.
(7) After receiving the
Deputy Director's report, and within 30 days of receiving a properly filed
charge, the Board shall decide whether to issue a complaint or dismiss the
charge. The Board may also seek informal resolution of the charge by
stipulation, agreed settlement, consent order, or by any other method agreed
upon by the parties.
(8) The Board
shall issue its decision within 90 days of the filing of the charge.
D. For all charges of unfair labor
practices not covered by §C of this regulation, the following actions are
required:
(1) A Deputy Director shall notify
the charged party that it must file with the Board a response to the charge
within 20 days of the date the processing letter was sent. Upon application and
good cause shown, the Executive Director may extend the time to answer to a
specific time and date.
(2) The
Deputy Director shall investigate the allegations, defenses, and all relevant
facts.
(3) The Deputy Director
shall, prior to submitting a recommendation to the Board, seek informal
resolution of the charge with the parties.
(4) The Deputy Director shall provide to the
Board a case file of all relevant information gathered in the investigation,
including the charge, any responses, any requested exhibits, and a written
report. The report shall set forth the Deputy Director's recommendations to the
Board as to whether, based on the totality of the factual circumstances
ascertained during the investigation, probable cause exists to believe that the
alleged unfair labor practice has occurred.
(5) After receiving the Deputy Director's
report, the Board shall decide whether to issue a complaint or dismiss the
charge. The Board may also seek informal resolution of the dispute by
stipulation, agreed settlement, consent order, or any other method agreed upon
by the parties.
E. The
Board may establish appropriate internal procedures, as considered necessary,
to further implement this chapter.
F. If the Board finds that probable cause
exists to support an unfair labor practice, the Board shall take the actions
required by the State Government Article, §
22-307, Annotated
Code of Maryland, including issuing a complaint. Not less than 15 days after
issuing a complaint, the Board shall issue a Notice of Hearing before the Board
or the Office of Administrative Hearings.
