General provisions [revoked] 585: 1-1 Purpose [revoked]




Yüklə 90.52 Kb.
səhifə2/3
tarix11.04.2016
ölçüsü90.52 Kb.
1   2   3

585:1-7-8. Rules of evidence [REVOKED]

(a) In any proceeding before the Board, the Board shall not be bound by technical rules of evidence. The Board may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs.

(b) All irrelevant, immaterial, or unduly repetitious evidence shall be excluded.

(c) The Board shall give effect to the rules of privilege recognized by law.

(d) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available, provided that upon request parties shall be given an opportunity to

compare the copy with the original.

(e) Each party shall have the right to conduct such cross- examination as may be required for a full and true disclosure of the facts and shall have the right to submit rebuttal evidence.

(f) The Board may take notice of judicially cognizable facts.

(g) The Board may take notice of generally cognizable technical or scientific facts within its specialized knowledge; however, parties shall be notified either before or during the hearing of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed.
585:1-7-9. Contemptuous conduct [REVOKED]

(a) Conduct that constitutes direct or indirect civil contempt, under Oklahoma law, may be grounds for summary exclusion from a hearing. Such misconduct, if of an aggravated character and engaged in by an attorney or other representative of a party, may be grounds for suspension or disbarment from further practice before the Board upon notice and hearing.

(b) The refusal of a witness at any such hearing to answer any question which has been ruled to be proper may, in the discretion of the Board, be grounds for striking all testimony previously given by such witness on related matters.
585:1-7-10. Amendment of documents [REVOKED]

(a) Any document filed in a proceeding may be amended, in the discretion of the Board, at any time prior to the issuance of a final order thereon.

(b) If such document is not in substantial conformity with the applicable rules of the Board as to the contents thereof, or is otherwise insufficient, the Board, on its own initiative or upon motion of a party, may strike or dismiss such document, or

require its amendment. A party moving for amendment of a document shall file a motion for leave to amend together with the proposed amended document.

(c) If amended, the document shall be effective as of the date of the original filing, if it relates to the same proceeding.
585:1-7-11. Retention of documents by the Board [REVOKED]

(a) All documents filed with or presented to the Board shall be retained in the files of the Board.

(b) The Board may permit the withdrawal of original documents upon submission of properly authenticated copies to replace such documents.

585:1-7-12. Substitution of parties [REVOKED]

Upon motion and for good cause shown, the Board may order substitution of parties, except that in the case of death of a party, substitution may be ordered without the filing of a motion.
585:1-7-13. Consolidation [REVOKED]

The Board, on its own initiative or upon motion, may consolidate for hearing or other purposes or may contemporaneously consider two or more proceedings which involve substantially the same parties or issues if it finds that such consolidation of proceedings or contemporaneous consideration will be conducive to the proper dispatch of its business and to the ends of justice and will not unduly delay the proceedings.
585:1-7-14. Intervention in proceeding

(a) Intervention - representation. Any third party having a legitimate interest in any representation proceedings may file a petition of intervention setting forth facts sufficient to establish such interest. For the purpose of third party intervention, "legitimate interest" means the intervenor must be able to prove it is authorized to represent at least ten percent (10%) of the employees within a proposed bargaining unit. Any bargaining agent which has a signed, collective bargaining agreement encompassing the proposed bargaining unit, or any portion thereof, shall be considered to have a legitimate interest in any proceeding, upon presentation of the same.

(b) Intervention in proceeding, other.

(1) In any proceeding other than representation proceedings,

a petition to intervene and become a party thereto shall be submitted in writing to the Board.

(2) The petition shall contain the following:

(A) Nature of petitioner's statutory or other right.

(B) Nature and extent of petitioner's interest.

(C) Effect of any decision in the proceeding on petitioner's interest.

(D) Other means available whereby petitioner's interest may be protected.

(E) Extent petitioner's interest may be represented by existing parties.

(F) Extent petitioner's participation can assist in development of a sound record.

G) Extent petitioner's interest in the proceeding differs from that of the general public.

(H) How the petitioner's intervention would serve the public interest.

(3) The original and five copies of the petition, with certificate of service on all parties, shall be filed with the Board. Any party objecting to the intervention shall file its written objection with the Board within five (5) days of receipt of the petition.

(4) Intervention shall not be granted except on averments which are reasonably pertinent to the issues already presented but do not unduly broaden them. If intervention is granted, the petitioner thereby becomes an intervenor and a party to the proceeding to the degree indicated by the order allowing intervention.

585:1-7-15. Agreed statement of facts [REVOKED]

In any proceeding an agreed statement of facts may be introduced into the record with respect to any issue. An agreed statement of facts may be accepted by the Board without a hearing. The parties to an agreed statement of facts may agree to a waiver of hearing. Such agreed statements of fact are especially encouraged when the parties have reason to believe that the primary issue(s) for decision by the Board are purely issues of law.
585:1-7-16. Burden of proof [REVOKED]

The charging party, in asserting a violation of § 51-102 (6) of the Act, shall have the burden of going forward and of proving the allegations by a preponderance of the evidence. The employer shall meet the same burdens when it requests a unit determination hearing. The party raising any subsequent issue shall have the burden of proving that issue by a preponderance of the evidence.
585:1-7-17. Argument, briefs, proposed findings [REVOKED]

(a) Any party shall be entitled, upon request made before the close of a hearing, to present oral argument.

(b) Any party shall be entitled, upon request made before the close of a hearing, to file a brief or proposed findings of facts and conclusions of law, or both, within such time as may be fixed by the Board.

(c) The Board may direct oral argument or the filing of briefs or proposed findings of facts, conclusions of law, or both, when it deems the submission of briefs or proposed findings, or both, is warranted by the nature of the proceedings or the particular issues therein.

(d) A request for extension of time within which to file a brief or proposed findings shall be made in writing to the Board at least three (3) days before the expiration of the required time for filing, and shall be accompanied by an affidavit setting forth the grounds upon which it is based and indicating the position of the other parties with regard to such request.
585:1-7-18. Decisions and orders of the Board [REVOKED]

(a) Every decision and order rendered by the Board shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law. If any party has filed proposed findings of fact, the Board shall incorporate in its decision a ruling upon each proposed finding so presented. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed to each party or to each party's attorney or representative, and shall be released for public information. (b) Copies of such documents shall be available for public inspection in the office of the Board or may be obtained upon request and upon payment of costs, if any.
585:1-7-19. Unauthorized ex parte communications [REVOKED]

(a) Unauthorized ex parte communications are defined as private communications, other than those permitted elsewhere in the rules of this chapter, with members of the Board or counsel for the Board, as to the merits of a proceeding, i.e., any finding of fact or conclusions of law, with a view towards influencing the outcome of the case, except that the following classes of ex parte communications shall not be prohibited:

(1) Those which relate to matters which a Board member is authorized to dispose of on an ex parte basis.

(2) Requests for information with respect to the status of a proceeding.

(3) Those which all parties to the proceeding agree, or which the Board has formally ruled, may be made on an ex parte basis.

(4) Those with representatives of any news media on matters intended to inform the general public.

(b) No public employee, employee organization, public employer, or any other person or organization, whether or not a party to a proceeding before the Board, shall make any unauthorized ex parte communication about the proceeding to any member of the Board or to counsel for the Board.

TITLE 585. PUBLIC EMPLOYEES RELATIONS BOARD

CHAPTER 10. UNFAIR LABOR PRACTICE CHARGES [REVOKED]
585:10-1-1. Purpose [REVOKED]

The rules of this chapter have been adopted for the purpose of providing information concerning the filing of Unfair Labor Practice charges, answers, counterclaims and motions, amended claims and answers, and informal disposition of such claims, pursuant to § 51-104b of the Act.

585:10-1-2. Statutory definitions [REVOKED]

Terms used in this Chapter shall have the same meaning as defined in the Act unless their context clearly indicates otherwise.
585:10-1-3. Additional definitions [REVOKED]

The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"ACT" or "The Act" means the Fire and Police Arbitration Act, 11 O.S., O.S. 1991 and Supp. 1997, Sec. 51-101, et seq.

"Hearing Officer" means that individual designated by the Board to conduct a hearing.

"Party" means any person, employee organization or municipal employer named and participating in, or properly seeking and entitled by law to participate in, an individual proceeding; or whose motion to intervene has been granted by the Board.

"Quorum" means a simple majority of the Board.
585:10-1-4. Complaint [REVOKED]

(a) Filing of complaint.

(1) A complaint that any person, organization, or municipal employer has engaged in or is engaging in an unfair labor practice under the Act may be filed by any person, employee organization or public employer. A complaint shall be in writing and signed in accordance with 585:1-5-1, and shall be in a form provided by the Board. The complaint and five copies shall be filed with the Board.

(2) A complaint shall be deemed untimely and shall be dismissed if filed with the Board more than three (3) years following the alleged violation.

(b) Contents of complaint. The complaint shall include the following:

(1) The name and address and organizational affiliation, if any, of the complainant, and the title of any representative filing the complaint.

(2) The name and address of the respondent or respondents and any other party named therein.

(3) 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 section or sections of the Act alleged to have been violated. The purpose of the complaint is to apprise the respondent fairly of the substance of the complaint against it. The sufficiency of a complaint may be challenged by motion, answer or responsive pleading, or at the pre-hearing conference.
585:10-1-5. Answer [REVOKED]

(a) Responsiveness of answer. A respondent shall file a written answer, or other responsive pleading permitted by these rules, to an unfair labor practice complaint within twenty (20) days after service of the complaint. One copy of the answer shall be served on each party, and the original and five copies, with certificate of service on all parties, shall be filed with the Board.

(b) Contents of answer. The answer shall contain the following:

(1) A specific admission, denial, or explanation of each allegation of the complaint, or, if respondent is without knowledge thereof, respondent shall so state and that statement shall constitute a denial. Admissions or denials may be made to all or part of the allegation, but shall fairly meet the substance of the allegation.

(2) A specific and appropriately detailed statement of any affirmative defense.

(3) A clear and concise statement of the facts and matters of law relied upon constituting any grounds of defense.

(4) All allegations of new matter in the answer shall be deemed denied without the necessity of a reply.

(c) Amendment of answer. The Board may permit the respondent to amend the answer subject to the limitations of Section 585:1-5-5.

(d) Timeliness of pleadings.

(1) If the respondent fails timely to file an answer or other permitted or required responsive pleading, such failure is subject to the sanctions set out in Section 585:1-5-5 (g).

(2) In extraordinary circumstances, as determined by the Board, the Board may extend the time within which the answer shall be filed.
585:10-1-6. Amendment of complaints and answers [REVOKED]

The Board may permit an amendment to an unfair labor practice complaint or to the answer, upon due notice to all parties, at any time and on such terms as it may determine, prior to the issuance of a final order thereon.
585:10-1-7. Informal disposition [REVOKED]

(a) Any unfair labor practice case commenced with the Board may be informally settled by stipulation, agreed settlement, consent order, default, or by any other method agreed upon by the parties in writing.

(b) Evidence of any proposed offer of settlement of an unfair labor practice complaint shall be inadmissible at the hearing thereon.
585:10-1-8. Violation of the Act [REVOKED]

In any case wherein it is found, after a hearing, that the Act and the rules of this chapter have been violated, and that any party has refused to comply with a final decision and order of the Board, the Board may institute proceedings in the District Court in the county in which the party resides or is situate for the enforcement of such order and for such appropriate temporary or final relief as may be necessary and proper to accomplish the objectives and to carry out the duties prescribed by the Act.
585:10-1-9. Severability [REVOKED]

If any provisions of the rules of this chapter be held invalid, it shall not be construed to invalidate any of the other provisions of the rules of this chapter.

585:10-1-10. Liberal construction [REVOKED]

The rules of this chapter shall be construed liberally to effectuate the purposes and provisions of the Act.
585:10-1-11. Suspension of rules [REVOKED]

The Board may, on its own motion or by agreement of the parties, waive or suspend the application of the rules and regulations of this chapter for good cause shown.
585:10-1-12. Computation of time [REVOKED]

The time within which an act is to be performed under the rules and regulations of this chapter shall be computed by excluding the first day and including the last. When the last day for the doing of an act required by the rules and regulations falls on a Saturday, Sunday or legal holiday then the required act may be performed on the next regular business day. The Board, for good cause shown, and with notice to all interested parties, may extend any time prescribed in the rules of this chapter.

TITLE 585. PUBLIC EMPLOYEES RELATIONS BOARD

CHAPTER 15. CERTIFICATION CASES [REVOKED]
SUBCHAPTER 1. GENERAL PROVISIONS [REVOKED]
585:15-1-1. Purpose [REVOKED]

The rules of this chapter provide procedures for filing representation and decertification petitions; set out the requirements for the content of petitions and for show of interest; the responsibilities of corporate authorities; bars to an election; and unit determination; and other matters concerning representation petitions; pursuant to §51-103 of the Act.
585:15-1-2. Statutory definitions [REVOKED]

Terms used in this Chapter shall have the same meaning as defined in the Act unless their context clearly indicates otherwise.
585:15-1-3. Additional definitions [REVOKED]

The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise.

“ACT” or “The Act” means the Fire and Police Arbitration Act.

"Hearing Officer" means that individual designated by the Board to conduct a hearing.

"Party" means any person, employee organization or municipal employer named and participating in, or properly seeking and entitled by law to participate in, an individual proceeding; or whose motion to intervene has been granted by the Board.

"Quorum" means a simple majority of the Board.
585:15-1-4. Severability [REVOKED]

If any provisions of the rules of this chapter be held invalid, it shall not be construed to invalidate any of the other provisions of the rules of this chapter.
585:15-1-5. Violation of the Act [REVOKED]

In any case wherein it is found, after a hearing, that the Act and the Rules of this chapter have been violated, and that any party has refused to comply with a final decision and order of the Board, the Board may institute proceedings in the District Court in the county in which the party resides or is situate for the enforcement of such order and for such appropriate temporary or final relief as may be necessary and proper to accomplish the objectives and to carry out the duties prescribed by the Act.
585:15-1-6. Liberal construction [REVOKED]

The rules of this chapter shall be construed liberally to effectuate the purposes and provisions of the Act.
585:15-1-7. Suspension of rules [REVOKED]

The Board may, on its own motion or by agreement of the parties, waive or suspend the application of the rules and regulations of this chapter for good cause shown.

585:15-1-8. Computation of time [REVOKED]

The time within which an act is to be performed under the rules and regulations of this chapter shall be computed by excluding the first day and including the last. When the last day for the doing of an act required by the rules and regulations falls on a Saturday, Sunday or legal holiday then the required act may be performed on the next regular business day. The Board, for good cause shown, and with notice to all interested parties, may extend any time prescribed in the rules of this chapter.
SUBCHAPTER 3. REPRESENTATION PETITIONS [REVOKED]
585:15-3-1. Petition filing and contents [REVOKED]

(a) Who may file. A representation or decertification petition may be filed with the Board by:

(1) A labor organization alleging that thirty (30%) percent of the firefighters or police officers in a municipality wish to be represented for collective bargaining by an employee representative; or

(2) A labor organization or a corporate authority alleging that thirty (30%) percent of the fire fighters or police officers in a municipality assert that the designated exclusive employee representative is no longer the representative of the majority of the employees in the unit; or

(3) An employer alleging that one or more labor organizations has presented to it a claim to be recognized as the exclusive employee representative in an appropriate unit.

(b) Contents of petition.

(1) General. A petition shall contain the following:

(A) A statement as to whether the petition is filed by a bargaining agent or by a corporate authority.

(B) The name and address of all other parties proper to the proceeding.

(2) Filed by public employees. When a petition is filed by a bargaining agent, the petition shall additionally contain:

(A) A description of the bargaining unit which the petitioner claims to be appropriate; and a statement that the petitioner is authorized to represent at least thirty percent (30%) of the employees within the claimed bargaining unit and has sufficient authorization cards or other evidence to substantiate it.

(B) The names and addresses of any other bargaining agents, known to the petitioner, who claim to represent any employees within the alleged appropriate unit.

(C) The number of employees in the alleged appropriate unit.

(D) The name, affiliation, if any, and the address of the petitioner.

(E) Any other relevant fact or facts.

(3) Filed by corporate authorities. When a petition for decertification is filed by a corporate authority, it shall contain:

(A) A brief statement setting forth that one or more bargaining agents claim to be the exclusive bargaining agent of all employees within the unit claimed to be appropriate;

(B) A description of such unit;

(C) The number of employees in the unit;

(D) A statement as to whether the petitioner agrees or disagrees as to the nature and scope of the bargaining unit claimed to be appropriate.

(E) The name or names, affiliation, if any, and addresses of the bargaining agent known to the petitioner making claims for recognition as an exclusive bargaining agent.



(F) A statement as to whether the petitioner has contracts with any bargaining agent, and, if so, the expiration date of the contract.

(G) Any other relevant fact or facts.
1   2   3


Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©azrefs.org 2016
rəhbərliyinə müraciət

    Ana səhifə