Michigan Administrative Code
Department - Labor and Economic Opportunity
Bureau of Employment Relations
Employment Relations Commission General Rules
Part 9 - NOTICE OF PUBLIC SCHOOL STRIKE OR LOCKOUT
Section R. 423.191 - Notice to commission; filing; service

Universal Citation: MI Admin Code R. 423.191

Current through Vol. 24-16, September 15, 2024

Rule 191.

(1) The initiating party shall notify the commission, in writing in legible English, on a form provided by the commission and filed in compliance with R 423.181.

(2) The notice shall contain the name and address of the bargaining representative, if any.

(3) The notice shall be accompanied by an affidavit signed and dated by the initiating party or its agent. The affidavit shall include all of the following information supported by specific facts and available documentary proof:

(a) A statement of how the affiant has personal knowledge of the facts recited in the affidavit.

(b) The date or dates that the strike allegedly occurred.

(c) Whether the alleged strike is continuing.

(d) A clear and concise statement of the facts constituting the alleged violation.

(4) Upon filing a written notice and affidavit with the commission, the initiating party shall simultaneously serve each named bargaining representative with a copy of the written notice and affidavit pursuant to R 423.182. The notice shall state that the initiating party has filed a written notice with the commission that a strike has occurred and that statutory penalties are being sought. An original and 4 copies of the notice and affidavit shall be filed with the commission, unless the notice and affidavit are filed electronically pursuant to commission policy. A statement of service prepared pursuant to R 423.182 shall be filed with the commission together with the notice.

(5) Upon receipt of a written notice and affidavit, the commission or its agent shall review the notice and affidavit for compliance with R 423.191(1) to (4) and shall notify the initiating party of any defects. The initiating party shall remedy any defects within 10 days of receipt of the notice from the commission, or within any other period as specified by the commission or its agent. If the defects are not remedied within the time prescribed, the commission or its agent shall reject the filing and proceedings shall not be held on the filing.

(6) Within 2 business days of receipt of sufficient notice and affidavit, the commission or its agent shall serve a notice of hearing on the initiating party and the bargaining representative. The notice of hearing shall fix the date of hearing not less than 7 days nor more than 10 days from the date of service. The commission or its agent shall also serve notice of hearing on the public school employer, if the public school employer is not the initiating party.

(7) The bargaining representative shall file an answer and any affirmative defenses with the commission within 7 days of service of notice of hearing and shall simultaneously serve the initiating party. An original and 4 copies of any answer and affirmative defenses shall be filed with the commission, unless the answer and affirmative defenses are filed electronically pursuant to commission policy. Only pleadings filed in a timely fashion pursuant to this rule shall be considered unless good cause is shown for late filing.

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