Md. Code Regs. 14.30.09.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 14.30.09.02 - Investigation

A. After a charge is properly filed with the Board, the Executive Director shall, as soon as reasonably practicable, email or mail a copy of the charge to all parties along with a letter explaining the next steps of the process.

B. A Deputy Director shall commence investigation of a charge as soon as reasonably practicable after it is filed, and notify the Executive Director and the Board if the Deputy Director finds:

(1) The charge is untimely filed;

(2) The charge fails to state an actionable claim under State Government Article, Title 22, Annotated Code of Maryland; or

(3) The Board holds no jurisdiction over the claims presented in the charge.

C. If the charge alleges an unfair labor practice "resulting from a party's conduct in collective bargaining" and alleges it has affected bargaining, the following actions are required:

(1) A Deputy Director shall notify the charged party that it must file a response to the charge with the Board within 10 days of the date of the letter issued by a Deputy Director under §A of this regulation.

(2) The charged party's response shall include a specific admission or denial of each allegation of the complaint. Admissions or denials may be made to all or part of an allegation but shall fairly address the allegations. If appropriate, the answer may include any defense.

(3) If, upon proper service of the complaint, the respondent fails to file a response, the failure may be considered by the Board to be an admission of the material facts alleged in the complaint.

(4) The Deputy Director shall investigate the allegations, the defenses, and all relevant facts.

(5) Within 20 days of the filing of the charge, the Deputy Director shall seek informal resolution of the charge with the parties.

(6) Within 20 days of the filing of the charge, the Deputy Director shall submit to the Board a written report. The report shall set forth the Deputy Director's recommendations to the Board as to whether, based on the totality of the factual circumstances ascertained during the investigation, probable cause exists to believe that the alleged unfair labor practice has occurred.

(7) After receiving the Deputy Director's report, and within 30 days of receiving a properly filed charge, the Board shall decide whether to issue a complaint or dismiss the charge. The Board may also seek informal resolution of the charge by stipulation, agreed settlement, consent order, or by any other method agreed upon by the parties.

(8) The Board shall issue its decision within 90 days of the filing of the charge.

D. For all charges of unfair labor practices not covered by §C of this regulation, the following actions are required:

(1) A Deputy Director shall notify the charged party that it must file with the Board a response to the charge within 20 days of the date the processing letter was sent. Upon application and good cause shown, the Executive Director may extend the time to answer to a specific time and date.

(2) The Deputy Director shall investigate the allegations, defenses, and all relevant facts.

(3) The Deputy Director shall, prior to submitting a recommendation to the Board, seek informal resolution of the charge with the parties.

(4) The Deputy Director shall provide to the Board a case file of all relevant information gathered in the investigation, including the charge, any responses, any requested exhibits, and a written report. The report shall set forth the Deputy Director's recommendations to the Board as to whether, based on the totality of the factual circumstances ascertained during the investigation, probable cause exists to believe that the alleged unfair labor practice has occurred.

(5) After receiving the Deputy Director's report, the Board shall decide whether to issue a complaint or dismiss the charge. The Board may also seek informal resolution of the dispute by stipulation, agreed settlement, consent order, or any other method agreed upon by the parties.

E. The Board may establish appropriate internal procedures, as considered necessary, to further implement this chapter.

F. If the Board finds that probable cause exists to support an unfair labor practice, the Board shall take the actions required by the State Government Article, § 22-307, Annotated Code of Maryland, including issuing a complaint. Not less than 15 days after issuing a complaint, the Board shall issue a Notice of Hearing before the Board or the Office of Administrative Hearings.

Md. Code Regs. 14.30.09.02

Regulation .02A, D amended effective October 25, 2004 (31:21 Md. R. 1545)
Regulation .02E adopted effective March 13, 2006 (33:5 Md. R. 522); amended effective 49:14 Md. R. 704, eff. 7/11/2022; adopted effective 51:9 Md. R. 441, eff. 5/13/2024.