22 U.S.C. § 4116 — Prevention of unfair labor practices
submitted 46 years ago by Pub. L. 96-465 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 831 words · no verdicts yet
The General Counsel investigates alleged unfair labor practices and may issue a complaint. The Board conducts a hearing and may order an offender to stop, renegotiate, reinstate an employee with backpay, or take another appropriate action.
(a) When someone charges the Department or a labor organization with an unfair labor practice, the General Counsel must investigate and may issue and serve a complaint. If no complaint is issued because the charge does not state an unfair labor practice, the General Counsel must give the charging person written reasons. (b) The complaint must notify the respondent of (1) the charge; (2) a hearing before the Board, a member, or a designated Board employee; and (3) the hearing time and place. (c) The Department or organization may answer the original or amended complaint, appear personally or otherwise, and testify. (d)(1) Generally, no complaint may be based on conduct more than six months before the charge. (2) If the General Counsel finds the person was prevented from filing because (A) the respondent failed a duty owed to that person, or (B) concealment prevented discovery, a complaint may be issued if filed within six months after discovery. (e) The General Counsel may issue rules for informal resolution before a complaint. (f) The Board or designated hearing official must hold a hearing at least five days after service. A person involved may be allowed to intervene and testify. The hearing should follow title 5 chapter 5 subchapter II as practicable, but parties are not bound by statutory, common-law, or court evidence rules. A transcript is required; further evidence or argument may be received after notice. (g) If the evidence preponderates that the respondent committed or is committing an unfair labor practice, the hearing official must state written facts and order (1) stopping it; (2) renegotiation and retroactive effect of the amended agreement; (3) reinstatement with backpay under section 5596; or (4) a combination or other action carrying out this subchapter. Backpay may be ordered from the Department or labor organization found responsible. (h) If the evidence does not preponderate for a violation, written findings and an order dismissing the complaint are required.
If the Department or labor organization is charged by any person with having engaged in or engaging in an unfair labor practice, the General Counsel shall investigate the charge and may issue and cause to be served upon the Department or labor organization a complaint. In any case in which the General Counsel does not issue a complaint because the charge fails to state an unfair labor practice, the General Counsel shall provide the person making the charge a written statement of the reasons for not issuing a complaint.
Any complaint under subsection (a) shall contain a notice—
of the charge;
that a hearing will be held before the Board (or any member thereof or before an individual employed by the Board and designated for such purpose); and
of the time and place fixed for the hearing.
The labor organization or Department involved shall have the right to file an answer to the original and any amended complaint and to appear in person or otherwise and give testimony at the time and place fixed in the complaint for the hearing.
Except as provided in paragraph (2), no complaint shall be issued based on any alleged unfair labor practice which occurred more than 6 months before the filing of the charge with the Board.
If the General Counsel determines that the person filing any charge was prevented from filing the charge during the 6-month period referred to in paragraph (1) by reason of—
any failure of the Department or labor organization against which the charge is made to perform a duty owed to the person, or
any concealment which prevented discovery of the alleged unfair labor practice during the 6-month period,
the General Counsel may issue a complaint based on the charge if the charge was filed during the 6-month period beginning on the day of the discovery by the person of the alleged unfair labor practice.
The General Counsel may prescribe regulations providing for informal methods by which the alleged unfair labor practice may be resolved prior to the issuance of a complaint.
The Board (or any member thereof or any individual employed by the Board and designated for such purpose) shall conduct a hearing on the complaint not earlier than 5 days after the date on which the complaint is served. In the discretion of the individual or individuals conducting the hearing, any person involved may be allowed to intervene in the hearing and to present testimony. Any such hearing shall, to the extent practicable, be conducted in accordance with the provisions of subchapter II of chapter 5 of title 5, except that the parties shall not be bound by rules of evidence, whether statutory, common law, or adopted by a court. A transcript shall be kept of the hearing. After such a hearing the Board, in its discretion, may upon notice receive further evidence or hear argument.
If the Board (or any member thereof or any individual employed by the Board and designated for such purpose) determines after any hearing on a complaint under subsection (f) that the preponderance of the evidence received demonstrates that the Department or labor organization named in the complaint has engaged in or is engaging in an unfair labor practice, then the individual or individuals conducting the hearing shall state in writing their findings of fact and shall issue and cause to be served on the Department or labor organization an order—
to cease and desist from any such unfair labor practice in which the Department or labor organization is engaged;
requiring the parties to renegotiate a collective bargaining agreement in accordance with the order of the Board and requiring that the agreement, as amended, be given retroactive effect;
requiring reinstatement of an employee with backpay in accordance with section 5596 of title 5; or
including any combination of the actions described in paragraphs (1) through (3) or such other action as will carry out the purpose of this subchapter.
If any such order requires reinstatement of an employee with backpay, backpay may be required of the Department (as provided in section 5596 of title 5) or of the labor organization, as the case may be, which is found to have engaged in the unfair labor practice involved.
If the individual or individuals conducting the hearing determine that the preponderance of the evidence received fails to demonstrate that the Department or labor organization named in the complaint has engaged in or is engaging in an unfair labor practice, the individual or individuals shall state in writing their findings of fact and shall issue an order dismissing the complaint.
Source credit: (Pub. L. 96–465, title I, § 1016, Oct. 17, 1980, 94 Stat. 2139.)
- 1980Enacted · Pub. L. 96-465 · 94 Stat. 2139
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-465 on 1980-10-17.
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