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Section 520 - Unfair Labor Practice Complaints

520.1 - General Statement 

The rules in this section detail the procedures for initiating, processing and resolving complaints that an employer, employee or a labor organization has committed or is committing an unfair labor practice in violation of DC Code Section 1-618.4.

520.2 - Filing 

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

520.3 - Contents 

Unfair labor practice complaints shall be filed according to the procedures under Section 501 of these rules, 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 complainant's 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. Code Section 1-618.4 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.

520.4 - Timeliness Requirements 

Unfair labor practice complaints shall be filed not later than 120 days after the date on which the alleged violations occurred.

 

520.5 - Withdrawal of Complaint 

A complainant may withdraw a complaint without prejudice at any time prior to the filing of an answer.

520.6 - Answer - Contents 

A respondent shall file, within fifteen (15) 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.

 

520.7 - Untimely Answer 

A 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.

520.8 - Investigation 

The 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.

520.9 - Notice Hearing 

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

520.10 - Board Decision on the Pleadings 

If 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.

 

520.11 - Hearing - Burden of Proof 

The 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 Sections 550 - 557 of these rules shall apply to the hearing.

520.12 - Hearing - Examiner Report 

Following a hearing, the hearing examiner shall submit a report and recommendation to the Board not later than thirty (30) days following the submission of post-hearing briefs, if any, or following the conclusion of closing arguments.

520.13 - Exceptions 

Parties may file exceptions and briefs in support of the exceptions not later than fifteen (15) 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 ten (10) 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.

520.14 - Board Decision on the Record 

The 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. The Board shall issue its decision and order and serve it on all parties on the same day that the decision is issued.

520.15 - Preliminary Relief 

The 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 Board's processes are being interfered with, and the Board's ultimate remedy may be clearly inadequate.