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Session Laws, 1999
Volume 796, Page 1950   View pdf image
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(T) (1) IT IS AN UNFAIR LABOR PRACTICE FOR THE COMMISSION OR AN
EMPLOYEE ORGANIZATION CERTIFIED AS AN EXCLUSIVE REPRESENTATIVE OF A
BARGAINING UNIT TO VIOLATE THE RIGHTS OF A COMMISSION EMPLOYEE UNDER
THIS SECTION.

(2) WITHIN 30 BUSINESS DAYS AFTER THE ALLEGED VIOLATION, THE
PARTY CHARGING AN UNFAIR LABOR PRACTICE SHALL SUBMIT THE CHARGE IN
WRITING TO THE LABOR RELATIONS ADMINISTRATOR AND THE PARTY ALLEGED TO
HAVE COMMITTED THE UNFAIR LABOR PRACTICE.

(3) WITHIN 15 BUSINESS DAYS AFTER AN UNFAIR LABOR PRACTICE
CHARGE IS SUBMITTED, THE COMMISSION AND THE EMPLOYEE ORGANIZATION
SHALL REQUEST THE LABOR RELATIONS ADMINISTRATOR TO HOLD HEARINGS AND
DECIDE WHETHER AN UNFAIR LABOR PRACTICE HAS OCCURRED.

(4) THE LABOR RELATIONS ADMINISTRATOR SHALL:

(I) ISSUE A FINDING OF FACTS AND CONCLUSION OF LAW;

(II) ORDER THE PARTY CHARGED WITH THE UNFAIR LABOR
PRACTICE TO CEASE AND DESIST FROM THE PROHIBITED PRACTICE; AND

(III) ORDER ALL RELIEF NECESSARY TO REMEDY THE VIOLATION
OF THIS SECTION AND TO OTHERWISE MAKE WHOLE ANY INJURED EMPLOYEE OR
EMPLOYEE ORGANIZATION OR THE COMMISSION, IF INJURED, INCLUDING
REINSTATEMENT, RESTITUTION, BACK PAY, OR INJUNCTIONS AS NECESSARY TO
RESTORE THE EMPLOYEE, THE EMPLOYEE ORGANIZATION, OR THE COMMISSION TO
THE POSITION OR CONDITION IT WOULD HAVE BEEN IN BUT FOR THE VIOLATION.

(5) THE LABOR RELATIONS ADMINISTRATOR MAY NOT ORDER PUNITIVE
DAMAGES, CONSEQUENTIAL DAMAGES, DAMAGES FOR EMOTIONAL DISTRESS, PAIN,
AND SUFFERING, OR ATTORNEY FEES FOR PURPOSES OF SATISFYING THE
PROVISIONS OF PARAGRAPH (4)(III) OF THIS SUBSECTION.

(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.

 

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Session Laws, 1999
Volume 796, Page 1950   View pdf image
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