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Section 544 - Standards of Conduct Complaints

544.1 - Application to Labor Organizations

The provisions of DC Code Section 1-618.3, concerning the Standards of Conduct for labor organizations shall apply to any labor organization that has been accorded exclusive recognition pursuant to DC Code Sections 1-618.10(a) or 1-618.11(b), or that is seeking to be certified as an exclusive representative by the Board.

 

544.2 - Standards of Conduct Provisions

Any 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 DC Code Section 1-618.3(a) 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.

 

544.3 - Contents

A standards of conduct complaint shall be designated "Standards of Conduct Complaint," shall meet the requirements of Section 501 of these rules 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; and

(d) A statement of the relief sought.

 

544.4 - Filing

A complaint alleging a violation under this section shall be filed no later than one hundred and twenty (120) days from the date the alleged violation(s) occurred.

 

544.5 - Answer

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

 

544.6 - Action by Board

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 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.

 

544.7 - Hearings

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.

 

544.8 - 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.

 

544.9 - Notice of 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.

All parties shall be given at least fifteen (15) days notice of the hearing, except where the Board determines that this notice period should be abbreviated

 

544.10 - No Issue of Fact

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.

 

544.11 - 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.

 

544.12 - Hearing Examiner's 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.

 

544.13 - Filing 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.

 

544.14 - Board Decision

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.

 

544.15 - 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 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.