Sec. 13A-114. Procedure Concerning Unfair Labor Practices.
- Any allegations that a person has engaged in an unfair labor practice shall be submitted to the Unfair Labor Practice Panel, subject to such rules and regulations as the Board may issue. The Panel's power in this regard shall be exclusive and shall not be diminished by any other means of adjustment or prevention that may have been or may be established by agreement, law or otherwise, except as the rules and regulations of the Panel otherwise provide. The Panel's rules and regulations shall provide that compliance with the technical rules or evidence shall not be required.
- In applying this Section, fundamental distinctions between private and public employment shall be recognized and no body of Federal or State law, applicable wholly or in part to private employment, shall be regarded as binding or controlling precedent.
- If upon the preponderance of the testimony taken the Panel shall be of the opinion that any person named in the complaint has engaged in or is engaging in an unfair labor practice, then the Panel shall state its findings of fact and shall issue and cause to be served on such person an order requiring that he cease and desist from such unfair labor practices and to take such affirmative action, including reinstatement with or without back pay, as will effectuate the policies of this law. Such order may further require such person to make reports from time to time showing the extent to which he has complied with the order. The Panel may require, in situations where employer conduct has destroyed a reasonable opportunity for a fair and free election, recognition to be granted to the labor organization so deprived. The Panel's remedial powers shall not be limited to the effects of the immediate case and may be designed to prevent future unfair labor practices, notwithstanding the penal nature of such requirement.
- If the preponderance of evidence has not shown that the person named in the complaint has engaged in or is engaging in any such unfair labor practice, then the Panel shall state its findings of facts and shall issue an order dismissing the said complaint.
- Findings of the Panel shall be conclusive and binding upon the parties unless a petition for relief, in whole or in part, from the Panel's order is filed properly with the Clerk of the Circuit Court for Prince George's County within 30 days after the issuance of such order and unless said Court finds that the Panel's decision or order was not supported by substantial evidence. No objection that has not been urged before the Panel or any of its agents shall be considered by the Court unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. Decisions of the Panel or Representation Matters shall not be subject to court review, except with respect to unit determinations that are alleged to be contrary to law.
- The complaining party shall have the power to petition the Circuit Court for Prince George's County for enforcement of the Panel's order and for appropriate temporary relief or restraining order. However, such a petition shall not reopen the propriety of the Panel's decision and order if appeal for judicial reviews was not timely filed.