Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 12 - PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS › PROHIBITED PRACTICE COMPLAINTS › Section 180-12-8 - Review, Amendment and Action on Complaint

Current through 2024-29, July 17, 2024
After the 20-day period in which the respondent's answer
					 is due pursuant to section
					 9, the executive director shall review
					 the complaint for sufficiency and proceed in accordance with this rule.
1.
Action Following Review for
				  Sufficiency
. Upon reviewing the complaint for sufficiency, the executive
				  director shall take appropriate action, which may include the issuance of a
				  notice of a prehearing conference or an evidentiary hearing, summary dismissal
				  of the complaint in whole or in part, entry of an uncontested order or issuance
				  of a recommended order by the executive director. The executive director may
				  also issue a notice of errors and insufficiencies to the complainant and allow
				  amendment of the complaint.
2.
Permitted Amendments
. A party may amend its complaint once as a
				  matter of course at any time before a responsive pleading is served and once
				  after receiving a notice of errors and insufficiencies from the executive
				  director. Amendments made in response to a notice of errors and insufficiencies
				  from the executive director must be filed within 15 calendar days of service of
				  the notice. Amendments must be delivered to all other parties in accordance
				  with section
				  6 of this Chapter. When the claim
				  asserted in an amended complaint arises out of the conduct, transaction or
				  occurrence set forth or attempted to be set forth in the original pleading, the
				  permitted amendment relates back to the date of the original pleading. A
				  complaint may also be amended at the prehearing conference, with the consent of
				  the other party, in accordance with §
										10(10), or at the
				  hearing in accordance with §
										20.
3.
Dismissal; Appeal
. If, after
				  the opportunity for amendment has expired, the allegations in the complaint do
				  not constitute a prima facie violation of the applicable collective bargaining
				  law, the complaint may be summarily dismissed in whole or in part by the
				  executive director who shall notify the parties of the determination. A party
				  whose complaint is summarily dismissed in whole or in part may appeal to the
				  Board by filing a motion requesting review of the dismissal within 15 calendar
				  days after the issuance of the dismissal. The motion must clearly and concisely
				  set forth the points of fact and law claimed to be sufficient to establish a
				  prima facie violation of the applicable collective bargaining law. Upon the
				  filing of a timely motion for review, the Board shall examine the complaint as
				  it existed when summarily dismissed in light of the assertions contained in the
				  motion. If upon such examination the Board finds the complaint insufficient, it
				  shall affirm the summary dismissal of the charge and shall notify the parties
				  in writing of the determination. If the Board finds the complaint to be
				  sufficient, it shall reinstate the complaint and shall so notify the
				  parties.