803 KAR 3:030. Unfair labor practice
RELATES TO: KRS 345.070, 345.120
STATUTORY AUTHORITY: KRS 345.120(7)
NECESSITY, FUNCTION, AND CONFORMITY: The
State Labor Relations Board is authorized by KRS 345.120(7) to promulgate uniform
rules necessary to carry out its duties. The function of this administrative
regulation is to establish general rules for the Board relating to the
administrative and adjudicatory handling of unfair labor practice complaints.
This administrative regulation is to establish general rules for the State
Labor Relations Board relating to the administrative and adjudicatory handling
of unfair labor practice complaints filed under the Firefighters Collective
Section 1. Who may File a Complaint. A
complaint that a person has engaged or is engaging in an unfair labor practice
may be submitted by any party in interest. Such complaint shall be in writing
upon a form provided by the board, the original being signed and sworn to
before any person authorized to administer oaths or acknowledgments. Five (5)
additional copies of the complaint shall be filed.
Section 2. Complaint. The complaint shall
(1) The full name and address of the
person making the complaint, hereinafter referred to as the complainant;
(2) The full name and address of the
person against whom the complaint is made; hereinafter referred to as the
(3) A clear and concise statement of the
facts constituting the alleged unfair labor practice or practices, including
the time and place of occurrence of particular acts and the names of all
Section 3. Service of Complaint. On the
filing of a complaint, the board shall immediately serve on all parties in
interest a copy thereof and a notice of a hearing by return receipt mail to
their last known post office address. The hearing will be held not less than
five (5) days after notice is served upon the respective parties.
Section 4. Answer. The person or persons
complained of may file an answer before the hearing or at the hearing. The
answer shall contain a clear and concise statement of the facts which
constitute a defense. The answer shall specifically admit, deny, or explain
each allegation of the complaint, unless the person complained of shall be
without knowledge, in which case he shall so state. Any allegation in the
complaint not specifically denied in the answer, unless it is stated in that
answer that the respondent is without knowledge, shall be deemed to be admitted
as true. If no answer is filed, its absence shall be deemed a general denial.
Section 5. Filing and Service of Answer.
If an answer is filed, the original and five (5) copies of the answer shall be
signed and filed with the board, the original being sworn in. The respondent
shall serve a copy upon each of the other parties.
Section 6. Amendment to Complaint and
Answer. Any complaint or answer may be amended at any time prior to the
issuance of a final order by the board.
Section 7. Notice of Hearing. Notice of
the time and place of a hearing shall be given to all parties. The hearing will
be held in the office of the Office of Kentucky Department of Labor,
Louisville, Kentucky except as otherwise agreed by the board and the parties.
Section 8. Hearing Procedure. A hearing
will be held at specified times in which the claimants shall complete proof as
far as possible. Upon request of either party, extra time to complete proof may
be granted. Hearings will be conducted in a manner properly suited to ascertain
the substantial rights of the parties and to determine the outcome fairly and
Section 9. Postponement of Hearing.
Postponements, ordinarily will not be allowed, except in case of an extreme
emergency or in unusual circumstances. No postponements in excess of twenty
(20) days shall be allowed.
Section 10. Examination of Witnesses.
Witnesses shall be examined under oath. Opposing parties shall have the right
to cross examine any witness whose testimony is introduced by an adverse party.
Section 11. Stipulation of Fact. In any
such proceeding, stipulations of fact may be introduced into evidence with
respect to any issue.
Section 12. Exhibits. In the absence of
objection by another party, exhibits shall be entered as evidence and marked
with an appropriate designation.
Section 13. Rules of Evidence. Hearings
before the board shall not be governed by the rules of evidence prevailing in
the courts of the Commonwealth of Kentucky. However, due regard will be had for
generally accepted rules of administrative agency hearings in the Commonwealth of Kentucky.
Section 14. Standards of Conduct. All
persons appearing in any proceeding shall conform to the standards of ethical
conduct. Impetuous conduct at a hearing will not be tolerated and will be
considered as grounds for exclusion.
Section 15. Computation of Time. In
computing any period of time prescribed or allowed in these rules, the day from
which the designated period begins to run shall not be included. The last day
of the period so computed shall be included unless it is a Saturday, Sunday,
and federal or state holidays shall not be counted.
Section 16. Decisions of the Board. After
the close of a hearing, the board shall make and file findings of fact and an
order which shall be signed by a board member and dated. The order, which shall
state the determination as to the rights of the parties, shall either dismiss
or sustain the complaint in whole or in part; or require the respondent to
cease and desist from prohibited practices and take such affirmative action as
will effect the policies and intent of KRS 345.010 to 345.130.
Section 17. Review of Findings. (1) Right
to file, time. Within twenty (20) days from the date that a copy of the
findings of fact, conclusions of law and order of the single member or examiner
was mailed to the last known address of the parties in interest, any party in
interest, who is dissatisfied with such findings of fact, conclusions of law
and order, may file a written petition with the board, and at the same time
cause copies thereof to be served upon the other parties, to review such
findings of fat, conclusions of law or order. If the board is satisfied that a
party in interest has been prejudiced because of exceptional delay in the
receipt of a copy of any findings of fact, conclusion of law or order, it may
extend time another twenty (20) days of filing the petition for review.
(2) Petition for review. This shall
briefly state the grounds of dissatisfaction with the findings of fact,
conclusions of law and order, and such review may be requested on the following
(a) That any finding of material fact is
clearly erroneous is established by the clear and satisfactory preponderance of
the evidence and prejudicially affects the right of the petitioner designating
all relevant portions of the record.
(b) That a substantial question of law or
administrative policy is raised by any necessary legal conclusions in such
That the conduct of the hearings or the preparation of the findings, conclusion
of law or order involved a prejudicial procedural error, specifying in detail
the nature thereof and designated portions of the record, if appropriate. (3
Ky.R. 423; Am. 688; eff. 4-6-77; TAm eff. 8-9-2007.)