Appendix 20a Advice of Rights to Party to Unfair Labor Practice Hearing

LibraryLabor and Employment Law: Private Sector (OSBar) (2011 Ed.)

Appendix 20A Advice of Rights to Party to Unfair Labor Practice Hearing

EMPLOYMENT RELATIONS BOARD ORS 183.413 ADVICE OF RIGHTS TO PARTIES: PRIVATE SECTOR HEARINGS

I. Nature and Purpose of Hearing

The hearing scheduled in this case is an administrative hearing that will be conducted in accordance with the statutes and Employment Relations Board (hereinafter the Board) rules that apply to the type of proceeding: unfair labor practice (ULP) complaint (ORS 663.185, 663.195, 663.270; Board Rules OAR 115-010-0070, 115-070-0040, 115-070-0045), representation (ORS 663.020-663.025; Board Rules OAR 115-010-0070, 115-060-0040), or de-authorization (ORS 663.035; and Board Rules OAR 115-010-0070, 115-065-0000). The Board will base its final decision on the record made at hearing.

After the Complainant filed this charge with the Board, an administrative law judge (ALJ) investigated the charge, recommended that the Board issue a complaint, and drafted the complaint. A different ALJ will conduct the hearing. Complainants are responsible for providing their own representation at hearing. The Board will not be represented by an attorney in the hearing.

ULP complaint hearings are adversarial. The purpose of such hearings is to give the parties an opportunity to submit evidence on the issues raised by the complaint and answer.

Representation and de-authorization hearings are investigatory. The purpose of such hearings is to enable the Board to obtain evidence on the issues raised by the petition and objections.

II. Hearing Process

An ALJ, who is an employee of the Board, will conduct the hearing.

(1) Prehearing Conference.

A prehearing conference will usually be held before the formal hearing. At the...

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