R 423.193 Challenge to presumption of participation in a strike.

Rule 193. (1) A public school employee who is presumed to have engaged in a strike in violation of section 2 of PERA and who intends to challenge this presumption shall file an answer to the notice served on the employee by the public school employer or superintendent of public instruction. The answer shall be on a form furnished by the commission and shall be filed with the commission within 10 days of the date that the notice asserting that the employee is presumed to have engaged in a strike was served on that employee under R 423.192a. (2) The answer shall be accompanied by an affidavit signed and dated by the public school employee. Both documents shall be in legible English. The affidavit shall include the following information supported by specific facts and available documentary proof: (a) A statement of how the public school employee who signed the affidavit has personal knowledge of the facts recited in the affidavit. (b) A clear and concise statement of the facts upon which the public school employee intends to rely at hearing to rebut the presumption that he or she engaged in a strike in violation of section 2 of PERA. (3) The public school employee shall file an original and 2 copies of the answer and affidavit with the commission, unless the answer and affidavit are filed electronically pursuant to commission policy. Upon filing a written answer and affidavit with the commission, the public school employee shall simultaneously serve the public school employer or the superintendent of public instruction with a copy of the written answer and affidavit pursuant to R 423.182. A statement of service pursuant to R 423.182 shall be filed with the commission together with the answer and affidavit. (4) Within 2 business days of receipt of a written answer and affidavit, the commission or its agent shall serve a notice of hearing upon the public school employer, the superintendent of public instruction, and each public school employee named in the affidavit. The notice of hearing shall fix the date of hearing not less than 7 days and not more than 10 days from the date of service. (5) If a public school employee who is presumed to have engaged in a strike in violation of section 2 of PERA fails to file an answer and affidavit with the commission indicating his or her intent to challenge that presumption, this failure shall constitute an admission that the public school employee violated section 2 of PERA.