Section 6-B544. STANDARDS OF CONDUCT COMPLAINTS

 

544.1The provisions of D.C. Official Code § 1-617.03 (2014 Repl.), concerning the Standards of Conduct for labor organizations, shall apply to any labor organization that has been accorded exclusive recognition pursuant to D.C. Official Code §§ 1-617.10(a) or 1-617.11(b) (2014 Repl.), or that is seeking to be certified as an exclusive representative by the Board.

 

(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. A pro se individual may utilize the Board’s public access terminal to upload the document.

 

544.2Any individual(s) aggrieved because a labor organization has failed to comply with the Standards of Conduct for labor organizations may file a complaint with the Board for investigation and appropriate action. The Standards of Conduct set forth in D.C. Official Code § 1-617.03(a) (2014 Repl.) are as follows:

 

(a)The maintenance of democratic provisions for periodic elections to be conducted subject to recognized safeguards and provisions defining and securing the right of individual members to participate in the affairs of the organization, to fair and equal treatment under the governing rules of the organization, and to fair process in disciplinary proceedings;

 

(b)The exclusion from office in the organization of any person identified with corrupt influences;

 

(c)The prohibition of business or financial interests on the part of organization officers and agents which conflict with their duty to the organization and its members;

 

(d)Fair elections; and

 

(e)The maintenance of fiscal integrity in the conduct of the affairs of the organization, including provision for accounting and financial controls and regular financial reports or summaries to be made available to members.

 

544.3A standards of conduct complaint shall be designated “Standards of Conduct Complaint,” shall meet the requirements of §§ 501 and 561, and shall contain the following information:

 

(a)The name, address, and telephone number of the complainant(s), including the name of the person to contact;

 

(b)The name, address, and telephone number of the labor organization having or seeking exclusive recognition, including the name of the person to contact;

 

(c)A statement of the reasons for the complaint, including the date, time, place, and person(s) involved in each occurrence;

 

(d)A statement of the relief sought.

 

544.4A complaint alleging a violation under this section shall be filed not later than one hundred and twenty (120) days from the date the alleged violation(s) 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 from the date the alleged violation(s) occurred.

 

544.5A complainant may withdraw a complaint without prejudice at any time prior to the filing of an answer. If the complainant fails to prosecute a complaint, the Executive Director may dismiss the complaint with prejudice, after providing the complainant with notice. 

 

544.6A 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 a standards of conduct violation 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.

 

544.7A 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.

 

544.8The 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.

 

544.9If the investigation reveals that the pleadings present an issue of fact warranting a hearing, the Board or its designee 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.

 

544.10If 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.

 

544.11The 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.

 

544.12Not later than thirty-five (35) days following a hearing and the submission of post-hearing briefs or the conclusion of closing arguments, if any, the hearing examiner shall submit a report and recommendation to the Board.

 

544.13Parties may file exceptions and briefs in support of the exceptions not later than fourteen (14) days after service of the hearing examiner’s 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 Board’s view such argument would be helpful.

 

544.14The 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.

 

544.15The 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 violation is widespread; or the public interest is seriously affected; or the Board’s processes are being interfered with, and the Board’s 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 44 DCR 7448 (December 5, 1997); as amended by Final Rulemaking published at 46 DCR 8276 (October 15, 1999); as amended by Final Rulemaking published at 62 DCR 12688 (September 25, 2015).