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Session Laws, 1993
Volume 772, Page 2819   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                            Ch. 561

(6) THE DECISION OF THE LABOR RELATIONS ADMINISTRATOR IS
FINAL UNLESS APPEALED ON THE BASIS OF BEING ARBITRARY, CAPRICIOUS, OR
EXCEEDING AUTHORITY.

(7)      IF THE LABOR RELATIONS ADMINISTRATOR FINDS THAT THE PARTY
CHARGED WITH THE UNFAIR LABOR PRACTICE HAS NOT COMMITTED ANY
PROHIBITED PRACTICE, THE LABOR RELATIONS ADMINISTRATOR SHALL ISSUE AN
ORDER DISMISSING THE CHARGES.

(8)      THE COMMISSION AND THE EMPLOYEE ORGANIZATION SHALL
SHARE EQUALLY THE COST OF ANY UNFAIR LABOR PRACTICE PROCEEDING.

(9)      IF THE PARTY FOUND TO HAVE COMMITTED THE UNFAIR LABOR
PRACTICE FAILS OR REFUSES TO COMPLY WITH THE LABOR RELATIONS
ADMINISTRATOR'S DECISION IN WHOLE OR IN PART, THE CHARGING PARTY MAY
FILE AN ACTION TO ENFORCE THE ORDER WITH THE CIRCUIT COURT FOR THE
COUNTY IN WHICH ANY OF THE INVOLVED EMPLOYEES WORK.

(U) (1) THIS SUBSECTION APPLIES TO THE EXPRESSION OF ANY PERSONAL
VIEW, ARGUMENT, OR OPINION OR THE MAKING OF ANY PERSONAL STATEMENT
WHICH:

(I) 1. PUBLICIZES THE FACT OF A REPRESENTATIONAL
ELECTION AND ENCOURAGES EMPLOYEES TO EXERCISE THEIR RIGHT TO VOTE IN
THE ELECTION;

2.        CORRECTS. THE RECORD WITH RESPECT TO ANY FALSE
OR MISLEADING STATEMENT MADE BY ANY PERSON; OR

3.        INFORMS EMPLOYEES OF THE COMMISSION'S POLICY
RELATING TO LABOR-MANAGEMENT RELATIONS AND REPRESENTATION;

(II)     CONTAINS NO THREAT OF REPRISAL, FORCE, OR PROMISE OF
BENEFIT; AND

(III)    WAS NOT MADE UNDER COERCIVE CONDITIONS.

(2) THE EXPRESSION OF ANY PERSONAL VIEW, ARGUMENT, OPINION,
OR STATEMENT DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION DOES NOT
CONSTITUTE:

(I) AN UNFAIR LABOR PRACTICE UNDER THE PROVISIONS OF THIS
SECTION; OR

(II) GROUNDS FOR SETTING ASIDE ANY ELECTION CONDUCTED
UNDER THIS SECTION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October June 1, 1993.

Approved May 27, 1993.

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Session Laws, 1993
Volume 772, Page 2819   View pdf image
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