Current through Register Vol. 51, No. 6, March 22, 2024
A. A complaint shall:
(1) Accurately describe the issues;
(2) Provide a clear and concise statement of the facts constituting the alleged unfair labor practice, including the names of the individuals involved in the alleged act, the dates and places of the alleged occurrence, and the specific unfair labor practice under this chapter;
(3) Contain the name, address, and telephone number of the complainant, respondent, and any other party named therein, including the name and title of the complainant's representative, if any, and the representative of any other named party; and
(4) Include a declaration that the complainant swears and affirms, under the penalties of perjury and upon knowledge, information, and belief, that the allegations are true and correct.
B. Service. The complainant shall serve the respondent or respondents with a copy of the complaint by certified mail, return receipt requested. The service shall be upon the person designated for service by COMAR 14.32.02.12A, and the complainant shall file proof of service with the Board.
C. Clarification. The Board may, on its own motion or motion of the respondent, require the complainant to make the complaint more specific.
D. Withdrawal or Amendment.
(1) A complaint or a part of a complaint may be withdrawn or amended with the consent of the Board, upon conditions the Board considers proper.
(2) These conditions shall include terms regarding refiling, subject to §A of this regulation.
(3) Amendments to a party's complaint or answer shall be governed by COMAR 14.32.02.08A.
E. Answer to Complaint.
(1) Filing and Service. Within 20 days of service of a complaint or an amendment of a complaint, a respondent shall file a written response to the complaint or amendment, signed by the respondent or designated representative, and serve a copy on the complainant by regular mail.
(2) Extension of Time to Answer. Upon application and good cause shown, the Executive Director may extend the time to answer to a specific time and date.
(3) Contents of Answer. The response shall include a specific admission or denial of each allegation of the complaint or, if the respondent is without knowledge of the allegation, the respondent shall so state and the statement shall be considered a denial. 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.
(4) Admission by Failure to Answer. If, upon proper service of the complaint, the respondent fails to file an answer, the failure may be considered by the Board to be an admission of the material facts alleged in the complaint and a waiver by the respondent of a hearing.
F. Motions.
(1) Process.
(a) Unless otherwise provided by this chapter, a party:
(i) May move for appropriate relief before or during a hearing; and
(ii) Shall submit all motions in writing in accordance with §A(2) of this regulation, or orally at a hearing.
(b) A written motion shall:
(i) Be filed not later than 7 days before the date of a prehearing conference, or 14 days before the date of a hearing;
(ii) State concisely the question to be determined;
(iii) Be accompanied by all supporting documentation;
(iv) Be accompanied by a memorandum of points and authorities; and
(v) Be served on each party.
(c) A response to a written motion shall be filed on the earlier of:
(i) 15 days after the service of the motion; or
(ii) The date of the hearing.
(d) The Board, or the administrative law judge, as appropriate, may schedule a hearing to consider a written motion.
(e) Ruling.
(i) The Board, or the Administrative Law Judge, as appropriate, may reserve ruling on a motion until after a hearing.
(ii) The Board, or the Administrative Law Judge, as appropriate, may issue a written ruling or orally state the ruling on the record.
(iii) If a ruling on a motion is reserved, the ruling shall be in writing, and may be included in the final decision.
(f) Failure of a party to attend a scheduled hearing may be grounds for a decision adverse to that party.
(g) The filing or pendency of a motion does not alter or extend any time limit otherwise established by this chapter.
G. Investigation. Pursuant to State Personnel and Pensions Article, §§
3-205(b)(3) and 3-207(a), Annotated Code of Maryland, the Board authorizes and directs the Executive Director to, subject to final review and approval by the Board:
(1) Consider properly filed complaints to determine if an unfair labor practice has been alleged and, if so, commence an investigation of the facts;
(2) Dismiss the complaint if the Executive Director, subject to final review and approval by the Board:
(a) Finds that the complaint fails to state an actionable claim under the Maryland Collective Bargaining Law, State Personnel and Pensions Article, §§
3-101 -3-602, Annotated Code of Maryland, or regulations under this chapter; or
(b) Determines that the Board holds no jurisdiction over the claims presented; and
(3) Establish appropriate internal procedures, as considered necessary, to further implement §G(1) or (2) of this regulation, subject to final review and approval by the Board.
H. 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 complaint. The report shall set forth the Executive Director's recommendations to the Board as to:
(1) Whether, based on the totality of the factual circumstances ascertained during the investigation and known at the time of the determination, probable cause exists to believe that the alleged unfair labor practice has occurred; and
(2) The disposition of the alleged unfair labor practice, including any need for a hearing.
I. Board Action.
(1) For a written report containing a finding of no probable cause, the complainant shall be given 15 days from service of the report to request that the Board reconsider the finding and recommended disposition. The Board shall take final action, as appropriate.
(2) For a written report containing a finding of probable cause, the respondent shall be given 15 days from service of the report to request that the Board reconsider the finding and recommended disposition.
(3) If no request for reconsideration of a written report containing a finding of no probable cause is filed, or, in the case of a written report finding probable cause, the written report shall be transmitted to the Board for final or further action, respectively, on the recommendations made in the report.
J. Only the unfair labor practices set forth in this chapter and specified in the complaint shall be considered in the proceeding.
K. In a hearing held to resolve the issues raised by the complaint, the filing party shall have the burden of proof by the preponderance of the evidence.
L. 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:
(1) Issuing a cease-and-desist order;
(2) Requiring a party to make reports from time to time showing the extent of compliance with the Board's order or ruling;
(3) Reinstatement;
(4) Communicating directly with employees about their rights; and
(5) Such further action as the Board may require.
M. 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 complaint.
N. The Executive Director shall notify the parties by U.S. Mail when a complaint is dismissed.
