R 423.196 Notice of conditions constituting a lockout.

Rule 196. (1) A bargaining representative representing public school employees who are alleging an illegal lockout of public school employees in violation of section 2 of PERA shall notify the commission, in writing in legible English, on a form furnished by the commission. The notice shall contain the name and address of the public school employer allegedly liable under section 2a of PERA. (2) The notice shall be accompanied by an affidavit signed and dated by an agent of the bargaining representative that includes the following information supported by specific facts and available documentary proof: (a) A statement of how the person who has sworn to the affidavit has personal knowledge of the facts recited in the affidavit. (b) The date on which the lockout allegedly occurred. (c) Whether the lockout is continuing. (d) A clear and concise statement of the facts constituting the alleged violation. (3) An original and 4 copies of the notice and affidavit shall be filed with the commission, unless the notice and affidavit are filed electronically pursuant to commission policy. Upon filing a written notice and affidavit with the commission, the bargaining representative shall simultaneously serve the public school employer with a copy of the written notice and affidavit pursuant to R 423.182. The notice shall state that the bargaining representative has filed with the commission a written notice that an illegal lockout has occurred and that statutory penalties are being sought. A statement of service that complies with R 423.182 shall be filed with the commission together with the notice. (4) Upon receipt of a written notice and affidavit, the commission or its agent shall review the notice and affidavit for compliance with R 423.196(1) to (3) and notify the bargaining representative of any defects. The bargaining representative shall remedy any defects within 10 days of receipt of this notice from the commission, or within any other period as specified by the commission or its agent. If the defects are not remedied within the time prescribed, the commission or its agent shall reject the filing and proceedings shall not be held on the filing. (5) Within 2 business days of receipt of sufficient notice and affidavit, the commission shall serve a notice of hearing on the bargaining representative and the public school employer. 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. (6) The public school employer shall file an answer and any affirmative defenses with the commission within 7 days of service of notice of hearing and shall simultaneously serve the bargaining representative filing the initial notice. Only pleadings filed in a timely fashion pursuant to this rule shall be considered unless good cause is shown for late filing.