Section 6-B520. UNFAIR LABOR PRACTICE COMPLAINTS  


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    520.1The rules in this section detail the procedures for initiating, processing, and resolving complaints that an employer, employees, or a labor organization has committed or is committing an unfair labor practice in violation of D.C. Official Code § 1-617.04 (2014 Repl.).

     

    520.2An unfair labor practice complaint may be filed with the Board by a labor organization, an agency, or an aggrieved person.

     

    (a)The complaint shall be filed electronically with the Board pursuant to §§ 501 and 561. 

     

    (b)Exception: In accordance with § 501.11, a pro se individual, acting on his or her own behalf, shall file a complaint by personal delivery during business hours as defined in § 500.8. An individual acting pro se may utilize the Boards public access terminal to upload the document.

     

    520.3Unfair labor practice complaints shall be filed according to the procedures under §§ 501 and 561, shall be signed by the complainant, and shall contain the following:

     

    (a)The name, address, and telephone number of the complainant;

     

    (b)The name, address, and telephone number of the respondent;

     

    (c)The name, address, and telephone number of the complainants representative, if any;

     

    (d)A clear and complete statement of the facts constituting the alleged unfair labor practice, including date, time and place of occurrence of each particular act alleged, and the manner in which D.C. Official Code § 1-617.04 (2014 Repl.) of the CMPA is alleged to have been violated;

     

    (e)A statement of the relief sought;

     

    (f)A statement as to the existence of any related proceedings or other proceedings involving matters related to the complaint, and the status or disposition of those proceedings; and

     

    (g)A copy of the collective bargaining agreement, if any.

     

    520.4Unfair labor practice complaints shall be filed not later than one hundred twenty (120) days after the date on which the alleged violations occurred. A complaint may be amended as a matter of course prior to the filing of an answer. Once an answer is filed, a complaint may be amended by motion. Any new allegations raised in the amended complaint shall be filed not later than one hundred twenty (120) days after the date on which the alleged violations occurred.

     

    520.5A complainant may withdraw a complaint without prejudice at any time prior to the filing of an answer. If a complainant fails to prosecute a complaint, the Executive Director may dismiss the complaint with prejudice, after providing the complainant with notice.

     

    520.6A respondent shall file, within fourteen (14) days from service of the complaint, an answer containing a statement of its position with respect to the allegations set forth in the complaint. The answer shall also include a statement of any affirmative defenses, including, but not limited to, allegations that the complaint fails to allege an unfair labor practice or that the Board otherwise lacks jurisdiction over the matter.

     

    The answer shall include a specific admission or denial of each allegation or issue in the complaint or, if the respondent is without knowledge thereof, the answer shall so state and such statement shall operate as a denial. Admissions or denials may be made to all or part of an allegation but shall clearly meet the substance of the allegation.

     

    520.7A respondent who fails to file a timely answer shall be deemed to have admitted the material facts alleged in the complaint and to have waived a hearing. The failure to answer an allegation shall be deemed an admission of that allegation.

     

    520.8The Board or its designated representative shall investigate each complaint. The investigation may include an investigatory conference with the parties. The parties shall submit to the Board or its designated representative evidence relevant to the complaint. Such evidence may include affidavits or other documents, and any other material matter.

     

    520.9If the investigation reveals that the pleadings present an issue of fact warranting a hearing, the Board or its designated representative shall issue a Notice of Hearing and serve it upon the parties.

     

    All parties shall be given at least fourteen (14) days notice of the hearing, except where the Board determines that this notice period should be abbreviated.

     

    520.10If the investigation reveals that there is no issue of fact to warrant a hearing, the Board may render a decision upon the pleadings or may request briefs and/or oral argument.

     

    520.11The purpose of hearings under this section is to develop a full and factual record upon which the Board may make a decision. The party asserting a violation of the CMPA shall have the burden of proving the allegations of the complaint by a preponderance of the evidence. The procedures of §§ 550 - 557 shall apply to the hearing.

     

    520.12Following a hearing, the hearing examiner shall submit a report and recommendations to the Board not later than thirty-five (35) days following the submission of post- hearing briefs, if any, or following the conclusion of closing arguments.

     

    520.13Parties may file exceptions and briefs in support of the exceptions not later than fourteen (14) days after service of the hearing examiners report and recommendations. A response or opposition to the exceptions may be filed by a party not later than fourteen (14) days after service of the exceptions. A party may request oral argument before the Board, stating the reasons for the request. The Board may grant the request if in the Boards view such argument would be helpful.

     

    520.14The Board shall reach its decision upon a review of the entire record. The Board may adopt the recommended decision to the extent that it is supported by the record.

     

    520.15The Board may order preliminary relief. A request for such relief shall be accompanied by affidavits or other evidence supporting the request. Such relief may be granted where the Board finds that the conduct is clear-cut and flagrant; or the effect of the alleged unfair labor practice is widespread; or the public interest is seriously affected; or the Boards processes are being interfered with, and the Boards ultimate remedy may be inadequate.

     

     

authority

Comprehensive Merit Personnel Act of 1978, effective March 3, 1979, as amended (D.C. Law 2-139; D.C. Official Code § 1-605.02(11) (2014 Repl.)).

source

Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); as amended by Final Rulemaking published at 44 DCR 7448 (December 5, 1997); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015).