Sec. 14.30.07.04. Relief from Unfair Labor Practices

A. A party alleging an unfair labor practice may request relief from the Board by filing a petition with the Executive Director, within 90 days of knowledge of the occurrence, under the procedures set forth in COMAR 14.30.11 except as otherwise modified by this regulation.

B. The petition shall:

(1) Accurately describe the issues;

(2) Provide a clear and concise statement of the facts constituting the alleged unfair labor practice, including the names of the individuals involved in the alleged act, the dates and places of the alleged occurrence, and the specific unfair labor practice under this chapter;

(3) Contain the name, address, and telephone number of the petitioner, respondent, and any other party named therein, including the name and title of the petitioner's representative, if any, and the representative of any other named party; and

(4) Include a declaration by the petitioner under the penalty of perjury that the allegations are true and correct to the best of the declarant's information and belief.

C. A copy of the petition shall be served on all other parties.

D. Withdrawal. A petition or a part of a petition may be withdrawn or amended. The refiling or amendment of a part of a petition is subject to §A of this regulation.

E. Response. Within 20 days of service of a petition or an amendment of a petition, a respondent shall file a written response to the petition or amendment, signed by the respondent or designated representative, and serve a copy on the petitioner. The response shall include any defenses to the alleged unfair labor practices.

F. Investigation. Pursuant to State Personnel and Pensions Article, §§3-2A-05(b)(1) and 3-2A-07(a), Annotated Code of Maryland, the Board authorizes and directs the Executive Director to, subject to final review and approval by the Board:

(1) Consider properly filed petitions to determine if an unfair labor practice has been alleged and, if so, commence an investigation of the facts;

(2) Dismiss the petition if the Executive Director, subject to final review and approval by the Board:

(a) Finds that the petition fails to state an actionable claim under the Maryland Collective Bargaining Law, State Personnel and Pensions Article, Title 3, §§3-101-3-602, Annotated Code of Maryland, or regulations under this chapter; or

(b) Determines that the Board holds no jurisdiction over the claims presented; and

(3) Establish appropriate internal procedures, as considered necessary, to further implement §F(1) or (2) of this regulation, subject to final review and approval by the Board.

G. Written Report. The results of the investigation shall be set forth in a written report and served on all parties to the unfair labor practice petition. The report shall set forth the Executive Director’s recommendations to the Board as to:

(1) Whether, based on the totality of the factual circumstances ascertained during the investigation and known at the time of the determination, probable cause exists to believe that the alleged unfair labor practice has occurred; and

(2) The disposition of the alleged unfair labor practice, including any need for a hearing.

H. Board Action.

(1) For a written report containing a finding of no probable cause, the petitioner shall be given 15 days from service of the report to request that the Board reconsider the finding and recommended disposition. The Board shall take final action, as appropriate.

(2) For a written report containing a finding of probable cause, the respondent shall be given fifteen (15) days from service of the report to request that the Board reconsider the finding and recommended disposition.

(3) If no request for reconsideration of a written report containing a finding of no probable cause is filed, or, in the case of a written report finding probable cause, the written report shall be transmitted to the Board for final or further action, respectively, on the recommendations made in the report.

I. Only the unfair labor practices set forth in this chapter and specified in the petition shall be considered in the proceeding.

J. In hearing held to resolve the issues raised by the petition, the party filing the petition shall have the burden of proof by the preponderance of the evidence.

K. If the Board finds an unfair labor practice has been or is being committed, the Board shall take the action that it deems necessary to remedy the unfair labor practice including:

(1) Issuing a cease-and-desist order;

(2) Requiring a party to make reports from time to time showing the extent of compliance with the Board's order or ruling;

(3) Reinstatement;

(4) Communicating directly with employees about their rights; and

(5) Such further action as the Board may require.

L. If it has not been shown by a preponderance of the evidence that a party has engaged in or is engaging in an unfair labor practice, then the Board shall state its findings of facts and conclusions of law and issue an order dismissing the petition.

M. The Executive Director shall notify the parties by U.S. Mail when a petition is dismissed.