D.C. Mun. Regs. tit. 6, r. 6-B544

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 6-B544 - STANDARDS OF CONDUCT COMPLAINTS
544.1

The provisions of D.C. Official Code § 1-617.03 (2016 Repl.), concerning the standards of conduct for labor organizations, must govern the conduct of any labor organization that has been accorded exclusive recognition under D.C. Official Code § 1-617.10(a) or § 1-617.11(b) (2016 Repl.) or that is seeking to be certified as an exclusive representative by the Board.

544.2

Any individual aggrieved because a labor organization has failed to comply with the standards of conduct for labor organizations set forth in D.C. Official Code § 1-617.03(a) may file a complaint with the Board. A standards of conduct complaint and any answer thereto must be filed in accordance with § 502.

544.3

A standards of conduct complaint must include:

(a) A clear and complete statement of the facts constituting the alleged standards of conduct violation, including date, time and place of occurrence of each particular act alleged;
(b) The date the complainant became aware of each such act if that date is later than the date on which the act occurred; and
(c) The manner in which D.C. Official Code § 1-617.03 (2016 Repl.) is alleged to have been violated.
544.4

A complaint alleging a violation under this section must be filed no later than one hundred twenty (120) days from the date the alleged violation occurred or the date the complainant knew or should have known of the alleged violation, if later.

544.5

An amended complaint and any answer thereto must be filed in accordance with § 502.8. An amended complaint may allege an additional violation if the amended complaint is filed no later than one hundred twenty (120) days from the date the alleged additional violation occurred or the date the complainant knew or should have known of the alleged additional violation, if later.

544.6

A complainant may withdraw a complaint without prejudice at any time before an answer is filed.

544.7

The Executive Director must investigate each complaint. The investigation may include an investigatory conference with the parties. When requested by the Executive Director, the parties must submit to the Executive Director evidence relevant to the complaint. Evidence may include affidavits or other documents.

544.8

If the investigation reveals that the pleadings present an issue of fact warranting a hearing, the Executive Director will issue a notice of hearing and serve it upon the parties.

544.9

The Board may order preliminary relief. A request for preliminary relief must be accompanied by affidavits or other evidence supporting the request. Preliminary relief may be granted where the Board's ultimate remedy may be inadequate and the Board finds that the conduct is clear-cut and flagrant, the effect of the alleged violation is widespread, the public interest is seriously affected, or interference with the Board's processes.

D.C. Mun. Regs. tit. 6, r. 6-B544

Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 44 DCR 7448 (December 5, 1997); as amended by Final Rulemaking published at 46 DCR 8276 (October 15, 1999); amended by Final Rulemaking published at 62 DCR 12688 (10/1/2015); amended by Final Rulemaking published at 67 DCR 4508 (5/1/2020)