§ 4-5-204. SAME - COMPLAINT AND REMEDY.

(a)

Complaint filed.

(1)

(i)

The county administration or an employee organization may file a verified complaint with an independent third party agency designated by the Director of Human Resources that the other party has committed an unfair labor practice.

(ii)

The complaint shall include a detailed statement of the alleged unfair labor practice.

(2)

The party complained of may file an answer to the complaint within 5 days after receiving service of the complaint.

(b)

Action of the independent third party agency. The independent third party agency receiving the complaint shall investigate the complaint and may:

(1)

Issue an order dismissing the complaint;

(2)

Order a further investigation; or

(3)

Order a hearing on the complaint at a designated time and place.

(c)

Hearing - Procedure.

(1)

At a hearing held under this section, the independent third party agency shall hear all testimony.

(2)

A hearing shall be conducted without regard for the strict rules of evidence and a transcript of testimony shall be taken.

(3)

After the hearing, the independent third party agency shall:

(i)

Make its determination;

(ii)

State in writing its findings of fact; and

(iii)

Issue orders as required under subsection (d) of this section.

(d)

Same - Orders.

(1)

If the independent third party agency determines that an unfair labor practice has been committed, the independent third party agency shall:

(i)

Issue and serve on the party committing the unfair labor practice an order requiring the party to cease and desist from the practice within a specified period of time; and

(ii)

Take other affirmative action in compliance with this title.

(2)

If the independent third party agency determines that an unfair labor practice has not been committed or is not being committed, the independent third party agency shall issue an order dismissing the complaint.

(1988 Code, § 25-55) (Bill No. 66-99, § 2, 7-1-2004; Bill No. 123-10, § 5, 1-16-2011)