Fla. Admin. Code Ann. R. 60CC-5.001 - Filing of Charge
(1) A charge that any
public employer, or its agents or representatives, or any public employee
organization, or its agents or representatives, has engaged in or is engaging
in any unfair labor practice may be filed with the Commission within six (6)
months of the alleged occurrence thereof by one or more employees, by an
employee organization, or by a public employer, or any combination thereof,
provided the parties are not within the jurisdiction of a local
commission.
(2) The charge shall be
in writing (PERC FORMS 15, 16 and 17) and shall be signed.
(3) The charge shall contain the following:
(a) The name, affiliation, if any, and
address of the charging party(s), and the official title of any representative
filing the charge;
(b) The name and
address of the respondent(s) and of any other party named therein;
(c) A clear and concise statement of the
facts constituting the alleged unfair labor practice, including the name(s) of
the individual(s) involved in the alleged unfair labor practice, the time and
place of occurrence of the particular act(s) giving rise to the
dispute;
(d) The specific
provision(s) of Section
447.501, Florida Statutes,
alleged to have been violated; and
(e) A brief statement of any other
information relevant to the charge.
(4) If a charge is filed by a public employer
alleging a violation of Section
447.501(2)(e),
Florida Statutes, [instigating, participating in, or supporting an illegal
strike], the charge shall also describe in detail any action theretofore taken
before any circuit court.
(5) The
charge must be accompanied by sworn statement(s) setting forth facts of which
the affiant has personal knowledge, and where applicable, documentary evidence
sufficient to support a prima facie violation of the applicable unfair labor
practice provision(s). Such supporting evidence is not to be attached to the
charge and is to be furnished only to the Commission.
Notes
Specific Authority 447.207(1) FS. Law Implemented 447.501, 447.503 FS.
New 5-6-79, Amended 1-17-80, Formerly 38D-21.01, 38D-21.001.
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