R 423.192 Hearing on whether a strike occurred.

Rule 192. (1) The commission shall convene a hearing pursuant to proper notice, at which the initiating party and the bargaining representative shall be given the opportunity to present evidence of their claims and defenses. The hearing will be conducted before the commission and shall be on the record. A postponement of the hearing shall not be granted without the consent of the commission or its agent. (2) If a commissioner becomes unavailable, the commission may designate the director of the bureau of employment relations or an attorney in the bureau’s labor relations division to participate in the hearing in place of the absent commissioner. (3) The public school employer or the superintendent of public instruction may petition to become a party to the proceedings, if the public school employer or the superintendent of public instruction is not the initiating party. (4) The burden of proof is on the initiating party. (5) A party may do all of the following: (a) Appear at a hearing in person, by counsel, or by other representative. (b) Call, examine, and cross-examine witnesses. (c) Introduce into the record documentary or other evidence. (6) At the discretion of the commission, a party may introduce stipulations of fact into evidence at a hearing with respect to any issue. (7) An objection to the conduct of a hearing, including an objection to introduction of evidence, may be oral or written; be accompanied by a short statement of the grounds for the objection; and, be included in the record. (8) Witnesses subpoenaed before the commission shall be paid the same fees and mileage that are paid to witnesses in the circuit courts of this state. This payment shall be made by the party at whose request the witness appears and shall be tendered before the time that the witness testifies. (9) Except as authorized by law, neither the commission nor an agent of the commission may make or receive an ex parte communication regarding a matter subject to the hearing process, whether directly through a party or a representative of a party, or indirectly through staff. An agent of the commission who makes or receives an ex parte communication shall place it in the official record. If an ex parte communication is so prejudicial that it cannot be cured by exposure in the official record, the agent of the commission shall disqualify himself or herself from further involvement in the matter. (10) The hearing shall be public unless otherwise ordered by the commission for good cause shown. The parties are each entitled, upon request, to a reasonable period at the close of the hearing for oral argument, which shall be made part of the record. Except as otherwise provided in these rules, the provisions of R 423.171(1) and R 423.173 to R 423.179 are not applicable. (11) A verbatim record of the proceedings shall be made, including, but not limited, to all of the following: (a) Opening statements. (b) Witness testimony. (c) Final arguments. (d) The reasons given by the commission for granting or refusing any motion made by a party during the course of hearing. (12) The court reporter shall prepare the transcript within 1 business day of each day’s proceedings and provide it to the commission. A court reporter shall file with the commission an original transcript of the record, in legible English, of any proceedings conducted by or on behalf of the commission. The transcript shall include a certification by the court reporter that the transcript is an original, verbatim transcript of the proceedings. The original transcript shall become part of the record in the case, and the commission shall maintain a copy of the transcript for the time period required under R 423.185. A party that orders a copy of the transcript shall make arrangements with the court reporter for payment of the cost of the copy. (13) At the discretion of the commission, parties may submit briefs at the close of the hearing. A party submitting a brief shall file the original and 4 copies with the commission, unless the brief is submitted electronically pursuant to commission policy. A party filing a brief shall file it with the commission and serve a copy on each of the other parties no later than the close of business on the last day of the hearing. (14) The commission shall issue its decision and order within 3 business days of the close of the hearing. The commission decision and order shall be based on the record of the hearing.