Mich. Admin. Code R. 423.191 - Notice to commission; filing; service
Rule 191.
(1) The
initiating party shall notify the commission, in writing in legible English, on
a form provided by the commission and filed in compliance with
R
423.181.
(2) The notice shall contain the name and
address of the bargaining representative, if any.
(3) The notice shall be accompanied by an
affidavit signed and dated by the initiating party or its agent. The affidavit
shall include all of the following information supported by specific facts and
available documentary proof:
(a) A statement
of how the affiant has personal knowledge of the facts recited in the
affidavit.
(b) The date or dates
that the strike allegedly occurred.
(c) Whether the alleged strike is
continuing.
(d) A clear and concise
statement of the facts constituting the alleged violation.
(4) Upon filing a written notice and
affidavit with the commission, the initiating party shall simultaneously serve
each named bargaining representative with a copy of the written notice and
affidavit pursuant to
R 423.182. The notice shall state
that the initiating party has filed a written notice with the commission that a
strike has occurred and that statutory penalties are being sought. An original
and 4 copies of the notice and affidavit shall be filed with the commission,
unless the notice and affidavit are filed electronically pursuant to commission
policy. A statement of service prepared pursuant to
R 423.182 shall be filed with the
commission together with the notice.
(5) Upon receipt of a written notice and
affidavit, the commission or its agent shall review the notice and affidavit
for compliance with R 423.191(1) to (4) and shall notify the initiating party
of any defects. The initiating party shall remedy any defects within 10 days of
receipt of the notice from the commission, or within any other period as
specified by the commission or its agent. If the defects are not remedied
within the time prescribed, the commission or its agent shall reject the filing
and proceedings shall not be held on the filing.
(6) Within 2 business days of receipt of
sufficient notice and affidavit, the commission or its agent shall serve a
notice of hearing on the initiating party and the bargaining representative.
The notice of hearing shall fix the date of hearing not less than 7 days nor
more than 10 days from the date of service. The commission or its agent shall
also serve notice of hearing on the public school employer, if the public
school employer is not the initiating party.
(7) The bargaining representative shall file
an answer and any affirmative defenses with the commission within 7 days of
service of notice of hearing and shall simultaneously serve the initiating
party. An original and 4 copies of any answer and affirmative defenses shall be
filed with the commission, unless the answer and affirmative defenses are filed
electronically pursuant to commission policy. Only pleadings filed in a timely
fashion pursuant to this rule shall be considered unless good cause is shown
for late filing.
Notes
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