Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Filing of
charge.
(1) An original and four
copies of a charge that any public employer or its agents, or any employee
organization or its agents, has engaged in, or is engaging in, an improper
practice may be filed with the director by one or more public employees or any
employee organization acting in their behalf, or by a public employer, within
four months of when the charging party first knew, or reasonably should have
known, of the alleged improper practice. Should the chairperson authorize
electronic filing of such charge, the filing of a signed paper original
consistent with this section and electronic filing and service of a copy shall
constitute compliance with the filing and service requirements herein
contained.
(2) If the facts
constituting the alleged improper practice are also alleged to support a claim
by an employee organization that a public employer or its representatives
engaged in such acts of extreme provocation as to detract from the
responsibility of the employee organization for a strike, then the charge may
not be filed after the date on which the employee organization is required to
file its answer to the strike charge pursuant to section
206.5 of this Chapter.
(3) The charge shall be in writing on a form
prescribed by the board and shall be signed and sworn to before any person
authorized to administer oaths.
(b)
Contents of charge.
The charge shall include the following:
(1) the name, address and affiliation, if
any, of the charging party, and the title of any representative filing the
charge;
(2) the name and address of
the respondent or respondents and any other party named therein;
(3) a clear and concise statement, preferably
in numbered or lettered paragraphs, of the facts constituting the alleged
improper practice, including the names, and, where known or relevant, the
titles and work locations of the individuals involved in the alleged improper
practice; the date and the place of the occurrence of each particular act
alleged; and the subsections of section 209-a of the act alleged to have been
violated. Evidentiary exhibits may be attached but will not relieve the
charging party of the requirement to provide sufficient factual particulars as
set forth herein;
(4) if the charge
alleges a violation of section 209-a.1(d) or section 209-a.2(b) of the act,
whether the charging party has notified the board in writing of the existence
of an impasse pursuant to section
205.1 of this Chapter;
and
(5) a statement that the
charging party is available to participate in the prehearing conference and the
formal hearing immediately.
(c)
Scope of negotiations cases.
Where the primary basis of the dispute between the parties is
alleged to be a disagreement as to the scope of negotiations under the act,
either party may request of the director or an assigned administrative law
judge that the matter be accorded expedited treatment.
(d)
Amendments.
The director or administrative law judge designated by the
director may permit a charging party to amend the charge upon good cause shown
before, during or after the conclusion of the hearing upon such terms as may be
deemed just and consistent with due process.
(e)
Withdrawals.
A charge may be withdrawn by the charging party before
issuance of a decision and recommended order based thereon upon approval by the
director. Thereafter, a charge may be withdrawn only with the approval of the
board. Requests to the director to withdraw a charge or to the board to
withdraw a charge will be approved unless to do so would be inconsistent with
the purposes and policies of the act or due process of law. Whenever the
director approves the withdrawal of a charge, or the board approves the
withdrawal of the charge, the case will be closed without consideration or
review of any of the issues raised by the charge.
