A. 
An unfair labor practice proceeding is commenced by filing a complaint. Such complaint shall be in writing and signed, and shall be verified, or shall be sworn to before a notary public or other person duly authorized by law to administer oaths and take acknowledgments that its contents are true and correct to the best of his or her knowledge and belief. An original and three additional copies of such charge shall be filed together with one additional copy for each named party respondent.
B. 
A complaint must be filed within 30 days from occurrence of the alleged unfair labor practice.
C. 
A complaint must be filed by the municipality, an employee of the municipality, or a prospective or current bargaining representative of employees of the municipality.
D. 
A complaint must contain:
1. 
The full name and address and telephone number of the complainant (the person making the complaint);
2. 
A statement of the capacity in which the person filing the complaint is acting, together with identification of the person's affiliation;
3. 
The full name, address and telephone number of the respondent (the person against whom the complaint is made);
4. 
A plain and concise description of the alleged violation including, if possible, the names, addresses, and telephone numbers of the individuals who are alleged to have committed the violations; and
5. 
Where applicable, the ordinance(s) or rule(s) which the respondent is alleged to have violated;
6. 
A statement that the complainant is, or is not, willing to submit the matter to nonbinding mediation.
E. 
A complaint shall be considered filed on the date it is mailed or hand delivered to the board. Date of mailing shall be determined solely by reference to the postmark affixed thereto, and hand delivery to the board shall be deemed complete on the date the complaint is received by the board or an agent of the board duly appointed to receive complaints on its behalf, and stamped with the board date stamp. All complaints filed with the board must include a certification that a copy of the complaint has been served upon the respondent. The board secretary is authorized to receive all such filings.
F. 
Upon the filing of a complaint, the complainant shall be responsible for the timely and proper service of a copy thereof upon the respondent. Service shall be considered timely and proper when a copy of the complaint is mailed, together with proper postage affixed thereto, on the date such complaint is filed with the board, or when a complaint is hand delivered to the respondent on the date the complaint is filed with the board.
G. 
Complaints under this section may be filed with the board and served on the respondent by means of a facsimile machine. However, the original and multiple copies must be mailed or hand delivered to the board and a copy must be served on the respondent by mail or hand delivery as otherwise provided in these rules. The date of filing is the date that the board receives the facsimile.
(AR No. 97-180, § 1, 8-19-1997)
A. 
If the complainant has indicated a willingness to participate in nonbinding mediation of the complaint, the board shall immediately contact the respondent to ascertain its willingness to so participate. If both parties voluntarily agree to participate in nonbinding mediation, the board shall immediately appoint a mediator pursuant to section R3.70.810. If the parties resolve the conflict in mediation, the complaint shall be withdrawn as provided in section R3.70.440B. If mediation does not resolve the conflict, the board shall proceed under these rules. A party's willingness or unwillingness to participate in mediation shall not be considered as evidence of probable cause during further proceedings, and the mediator's findings or recommendations shall not be admissible in any further proceedings under these rules. All time limitations in these rules shall be suspended during the period the parties are participating in voluntary mediation.
B. 
The board shall informally investigate the facts and circumstances surrounding a complaint to determine whether probable cause exists in support of the complaint. The board shall appoint a probable cause investigator to conduct such informal investigation. Such appointment shall be made within three days of the board's receipt of the complaint, if feasible. The board shall notify the parties of the appointment and identity of its probable cause investigator, and that such agent is authorized to conduct the informal investigation on behalf of the board. Any informal investigation required hereunder shall be completed within seven days of receipt of the complaint, if feasible. Voluntary mediation is not available under these rules if the board appoints a probable cause investigator under this section.
C. 
If the board concludes after completion of the informal investigation that the complaint is unfounded, the board shall dismiss the complaint.
D. 
If the board determines that probable cause exists to support the complaint, the probable cause investigator shall try to eliminate the unfair labor practice by informal methods of conference, conciliation and persuasion. The probable cause investigator shall complete such informal attempts within 14 days of receipt of the complaint, if feasible. Nothing said or done during such settlement attempts may be used as evidence in subsequent proceedings.
(AR No. 97-180, § 1, 8-19-1997)
A. 
If, after the complaint has been filed, the board dismisses the complaint as unfounded, the complainant may request that the board reinstate the complaint by submitting such request in writing, accompanied by a simple statement of the grounds for the request.
B. 
After review of a request that a dismissed complaint be reinstated, the board may reinstate the complaint and thereafter proceed with informal methods of conference, conciliation and persuasion as provided elsewhere in these rules, or deny the request for reinstatement. In either event, the board shall issue a brief report, stating the grounds on which the request to reinstate the complaint was denied or granted.
C. 
A request to reinstate a complaint that was dismissed before a formal complaint is issued must be filed with the board within ten days of the board's dismissal of the complaint.
D. 
If the board refuses to reinstate the complaint, the complainant may appeal the board's decision to the Superior Court.
(AR No. 97-180, § 1, 8-19-1997)
A. 
Any complaint may be amended upon such terms as may be deemed just, at any time prior to the beginning of the hearing, upon motion by the complainant.
B. 
Any complaint may be withdrawn before the hearing, upon motion by the complainant. In case of such withdrawal, any complaint shall be dismissed by the board.
(AR No. 97-180, § 1, 8-19-1997)
A. 
If the board or the probable cause investigator fails to eliminate a prohibited unfair labor practice through informal methods of conference, conciliation and persuasion, the board shall serve formal notice of the complaint upon the respondent. Formal notice shall be served upon the respondent within 14 days of receipt of the complaint by the board, or any extension of time approved by the board.
B. 
The respondent shall, within seven days from the service of the formal complaint, file an answer thereto. The respondent shall specifically admit, deny, or explain each of the facts alleged in the complaint, unless the respondent is without knowledge, in which case the respondent shall so state, such statement operating as a denial. All allegations in the complaint, if no answer is filed, or any allegation in the complaint not specifically denied or explained in an answer filed, unless the respondent shall state in the answer that he or she is without knowledge, shall be deemed to be admitted to be true and shall be so found by the board, unless good cause to the contrary is shown.
C. 
An original and four copies of the answer shall be filed with the board. Immediately upon the filing of the answer, the respondent shall serve a copy thereof on each of the other parties. An answer of a party represented by counsel shall be signed by at least one attorney of record in his or her individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his or her answer and state his or her address. Except when otherwise specifically provided by rule or statute, an answer need not be verified or accompanied by affidavit. The signature of an attorney constitutes a certificate by the attorney that the attorney has read the answer; that to the best of the attorney's knowledge, information, and belief there is good ground to support it, and that it is not interposed for delay. If an answer is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken as sham and false and the action may proceed as though the answer had not been served. For a willful violation of this rule an attorney may be subjected to appropriate disciplinary action. Similar action may be taken if scandalous or indecent matter is inserted.
D. 
Upon motion and a showing of proper cause, the board may by written order extend the time within which the answer shall be filed.
E. 
During the hearing or subsequent thereto, the respondent may amend the answer in any case where the complaint has been amended, within such period as may be fixed by the board. Whether or not the complaint has been amended, the answer may, in the discretion of the board, upon motion, be amended upon such terms and within such periods as may be fixed by the board.
(AR No. 97-180, § 1, 8-19-1997)
A. 
All motions made prior or subsequent to the hearing shall be filed in writing with the board. Motions made at the hearing shall be filed in writing or stated orally on the record. Motions shall briefly state the order or relief applied for and the grounds therefor. All motions other than those motions made orally on the record at the hearing shall be filed in writing with the board together with three copies thereof and an affidavit of service on the parties. Unless otherwise provided in these rules, motions and responses thereto shall be filed promptly and within such time as not to delay the proceeding.
B. 
All motions for summary judgment or dismissal shall be filed with the board no later than seven days prior to the scheduled hearing. Where no hearing is scheduled the motion shall be filed promptly. Upon receipt of the motion, the board may deny the motion or issue a notice to show cause why the motion should not be granted. If a notice to show cause is issued, the hearing, if scheduled, will normally be postponed indefinitely. If a party desires to file an opposition to the motion prior to issuance of the notice to show cause in order to prevent postponement of the hearing, it may do so; provided however, that any such opposition shall be filed no later than three days prior to the hearing. If a notice to show cause is issued, an opposing party may file a response thereto notwithstanding any opposition it may have filed prior to issuance of the notice. The time for filing the response shall be fixed in the notice to show cause. It is not required that either the opposition or the response be supported by affidavits or other documentary evidence showing that there is a genuine issue for hearing. The board in its discretion may deny the motion where the motion itself fails to establish the absence of a genuine issue, or where the opposing party's pleadings, opposition and/or response indicate on their face that a genuine issue may exist. If the opposing party files no opposition or response, the board may treat the motion as conceded, and summary judgment or dismissal, if appropriate, shall be entered.
C. 
The board shall rule on all prehearing motions and all such rulings and orders shall be issued in writing, and a copy served on each of the parties.
D. 
All motions, rulings, and orders shall become a part of the record. Unless expressly authorized by the Code or by special permission of the board, rulings by the board shall not be directly appealable to the Superior Court, except for those rulings resulting in dismissal, granting summary judgment, or other final action on the case by the board. Requests to the board for special permission to appeal such rulings directly to the Superior Court shall be filed promptly, in writing, and shall briefly state the reasons special permission should be granted and the grounds relied on for the appeal. The moving party shall immediately serve a copy of the request for special permission on the other parties. Any statement in opposition or other response to the request shall be filed promptly, in writing, and shall be served immediately on the other parties. If the board grants the request for special permission, proceedings before the board may be suspended until such time as the Superior Court rules on the appeal.
E. 
If any motion to dismiss the complaint in its entirety or for summary judgment is granted, any aggrieved party may request that the board reconsider its decision. A request for reconsideration must be in writing, accompanied by a simple statement of the grounds for the request pursuant to section R3.70.850 below. After review of a request for reconsideration, the board may reverse its prior ruling, or deny the request for reconsideration. In either event, the board shall issue a brief report, stating the grounds on which the request to reconsider its ruling was denied or granted. A request to reconsider must be filed with the board within 15 days of the date the board issued its ruling. If the board refuses to reinstate the complaint, the complainant may appeal the board's decision to the Superior Court.
F. 
The right to make motions or to make objections to rulings upon motions shall not be deemed waived by the filing of an answer or by other participation in the proceedings before the board.
(AR No. 97-180, § 1, 8-19-1997)
A. 
Any person desiring to intervene in any proceeding shall file a motion with the board, in writing or, if made at the hearing, may move orally on the record, stating the grounds upon which such person claims an interest. An original and four copies of written motions shall be filed. Immediately upon filing such motion, the moving party shall serve a copy thereof upon each of the other parties. The board shall rule upon all such motions and shall cause a copy of said rulings to be served upon each of the other parties, unless such rulings are made orally upon the record at the hearing. The board may by order permit intervention in person or by counsel or other representative to such extent and upon such terms as the board may deem proper.
(AR No. 97-180, § 1, 8-19-1997)
A. 
Where feasible, the board shall conduct a hearing to determine the validity of the complaint within 14 days after service of formal notice of the complaint to the respondent. The parties and the public shall have reasonable notice of the time, date and place of the hearing. The hearing and all testimony therein shall be electronically recorded.
B. 
Upon the board's own motion or upon proper cause shown by any other party, the board may extend the date of such hearing, except that the authority of the board to extend the date of a hearing shall be limited to the following circumstances:
1. 
Where all parties agree or no party objects to extension of the date of hearing;
2. 
Where a new charge or charges have been filed which, if meritorious, might be appropriate for consolidation with the pending complaint; or
3. 
Where negotiations which could lead to settlement of all or a portion of the complaint are in progress.
C. 
Each party shall have the opportunity to be heard and to cross-examine all witnesses.
D. 
The board is not bound by the technical rules of evidence as determined by the courts of the State of Alaska or any other court in the United States, but shall conduct all hearings in a manner that comports with due process.
E. 
Reasonable costs associated with such hearings shall be borne by the party against whom the board rules. In the event the board takes no action or makes no decision, the costs shall be borne equally by the parties, except as otherwise provided in these rules. The board may, in its sole discretion, award reasonable costs and attorneys' fees to the prevailing party. Reasonable costs and attorneys' fees are those costs and attorneys' fees taxable under Alaska Civil Rules 79(b) and 82 respectively, as amended.
F. 
Hearings shall be open to the public unless otherwise ordered pursuant to the laws of the Municipality or the State of Alaska.
(AR No. 97-180, § 1, 8-19-1997)
A. 
Each party shall submit a list of witnesses to the board and all other parties at least five days prior to the date of the hearing. Except for good cause shown, only witnesses identified on such lists will be permitted to testify at the hearing.
B. 
Witnesses shall be examined orally under oath at the hearing, except that for good cause shown after the issuance of a complaint, testimony may be taken by deposition.
C. 
Applications to take depositions shall be in writing setting forth the reasons why such depositions should be taken, the name and post office address of the witness, the matters concerning which it is expected the witness will testify, whether the witness will be unavailable to testify at any hearing, and the time and place proposed for the taking of the deposition, together with the name and address of the person before whom it is desired that the deposition be taken (for the purposes of this section hereinafter referred to as the "court reporter"). Such application shall be made to the board. Such application shall be served upon all other parties, not less than three days prior to the time when it is desired that the deposition be taken. The board shall upon receipt of the application, if in its discretion good cause has been shown, make and serve upon the parties an order which will specify the name of the witness whose deposition is to be taken and the time, the place, and the designation of the court reporter before whom the witness is to testify, who may or may not be the same court reporter as that specified in the application. Such order shall be served upon all the other parties by the board.
D. 
Such deposition may be taken before any court reporter or other officer authorized to administer oaths by the laws of the United States or of the place where the examination is held, including any agent of the board authorized to administer oaths.
E. 
At the time and place specified in said order the court reporter designated to take such deposition shall permit the witness to be examined and cross-examined under oath by all the parties appearing, and his or her testimony shall be printed by the court reporter or under his or her direction. All objections to questions or evidence shall be deemed waived unless made at the examination. The court reporter shall not have power to rule upon any objections but he or she shall note them upon the deposition. The testimony shall be subscribed by the witness in the presence of the court reporter who shall attach his or her certificate stating that the witness was duly sworn by the court reporter, that the deposition is a true record of the testimony and exhibits given by the witness, and that said court reporter is not of counsel or attorney to any of the parties nor interested in the event of the proceeding or investigation. If the deposition is not signed by the witness because he or she is ill, dead, cannot be found, or refuses to sign it, such fact shall be included in the certificate of the court reporter and the deposition may then be used as fully as though signed. The court reporter shall immediately deliver an original and two copies of said transcript, together with his or her certificate, in person or by registered or certified mail to the board.
F. 
Unless otherwise ordered by the board for good cause shown, each party that wishes to introduce deposition testimony as part of its case in chief in any board hearing shall file with the board and serve on the opposing party all such deposition testimony not less than five working days before the hearing. The opposing party shall file its written objections, if any, to such deposition testimony not less than two working days prior to the hearing. Except for good cause shown, deposition testimony will not be permitted if notice of the witness' unavailability under subsection C of this section was not provided.
G. 
The board shall rule upon the admissibility of the deposition or any part thereof.
H. 
All errors or irregularities in compliance with the provisions of this section shall be deemed waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is or, with due diligence, might have been ascertained.
I. 
If the parties so stipulate in writing, depositions may be taken before any person at any time or place, upon any notice and in any manner, and when so taken may be used like other depositions.
J. 
If any party has reason to believe that a material witness will not be available to testify at the hearing, such party shall take all steps to secure that witness' testimony for use at the hearing, in accordance with the provisions of this section.
(AR No. 97-180, § 1, 8-19-1997)
A. 
Any member of the board shall, on the written application of any party, forthwith issue subpoenas requiring the attendance and testimony of witnesses and the production of any relevant evidence, including books, records, correspondence, or documents, in their possession or under their control. Applications for subpoenas for Board hearings may be made ex parte. Applications for deposition subpoenas must reflect notice to all other parties. The subpoena shall show on its face the name and address of the party at whose request the subpoena was issued.
B. 
Any person, served with a subpoena, whether ad testificandum or duces tecum, if he or she does not intend to comply with the subpoena, shall, within three days after the date of service of the subpoena upon him or her, petition in writing to revoke the subpoena. All petitions to revoke subpoenas shall be served upon the party at whose request the subpoena was issued. Such petition to revoke shall be filed with the board for ruling. The board shall revoke the subpoena if in its opinion the evidence whose production is required does not relate to any matter under investigation or in question in the proceedings or the subpoena does not describe with sufficient particularity the evidence whose production is required, or if for any other reason sufficient in law the subpoena is otherwise invalid. The board shall make a simple statement of procedural or other grounds for the ruling on the petition to revoke. The petition to revoke, any answer filed thereto, and any ruling thereon shall not become part of the official record except upon the request of the party aggrieved by the ruling.
(AR No. 97-180, § 1, 8-19-1997)
A. 
Witnesses summoned before the board shall be paid the same fees and mileage that are paid witnesses in the courts of the State of Alaska, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the State of Alaska. Witness fees and mileage shall be paid by the party at whose instance the witnesses appear and the person taking the deposition shall be paid by the party at whose instance the deposition is taken.
(AR No. 97-180, § 1, 8-19-1997)
A. 
Whenever the board deems it necessary in order to effectuate the purposes of the Code or to avoid unnecessary costs or delay, it may permit a complaint to be consolidated with any other proceeding which may have been previously instituted.
B. 
Whenever the board deems it necessary in order to effectuate the purposes of the Code or to avoid unnecessary costs or delay, it may permit a particular complaint to be severed from any other proceeding with which it may have been consolidated pursuant to this section.
C. 
Motions to consolidate or sever proceedings after issuance of complaint shall be filed and ruled upon as provided for other motions in these rules, except that the board may consolidate or sever proceedings prior to hearing upon its own motion.
(AR No. 97-180, § 1, 8-19-1997)
A. 
It shall be the duty of the board to inquire fully into the facts as to whether the respondent has engaged in or is engaging in an unfair labor practice as set forth in the complaint or amended complaint. The board shall have authority:
1. 
To administer oaths and affirmations;
2. 
To grant applications for subpoenas;
3. 
To rule upon petitions to revoke subpoenas;
4. 
To rule upon offers of proof and receive relevant evidence;
5. 
To take or cause depositions to be taken whenever the ends of justice would be served thereby;
6. 
To regulate the course of the hearing and, if appropriate or necessary, to exclude persons or counsel from the hearing for contemptuous conduct and to strike all related testimony of witnesses refusing to answer any proper question;
7. 
To hold conferences for the settlement or simplification of the issues by consent of the parties;
8. 
To dispose of procedural requests, motions or similar matters, including motions for summary judgment or to amend pleadings; also to dismiss complaints or portions thereof; to order hearings reopened; and upon motion order proceedings consolidated or severed;
9. 
To make and file decisions in conformity with the Code, orally or in writing;
10. 
To call, examine, and cross-examine witnesses and to introduce into the record documentary or other evidence;
11. 
To request the parties at any time during the hearing to state their respective positions concerning any issue in the case or theory in support thereof;
12. 
To take any other action necessary under the foregoing and authorized by the Code and rules and regulations of the board.
(AR No. 97-180, § 1, 8-19-1997)
A. 
Any party shall have the right to appear at hearings in person, by counsel, or by other representative, to call, examine, and cross-examine witnesses, and to request to introduce into the record documentary or other evidence, except that the participation of any party shall be limited to the extent permitted by the board.
(AR No. 97-180, § 1, 8-19-1997)
A. 
Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence, may be stated orally or in writing, accompanied by a short statement of the grounds of such objection, and included in the record.
B. 
No such objection shall be deemed waived by further participation in the hearing.
(AR No. 97-180, § 1, 8-19-1997)
A. 
Any party shall be entitled, upon request, to a reasonable period at the close of the hearing for oral argument, which shall be included in the record of the hearing.
B. 
Any party shall be entitled, upon request made before the close of the hearing, and acceptance by the board, to file a brief or proposed findings and conclusions, or both, with the board, which may fix a reasonable time for such filing, but not in excess of ten days from the close of the hearing. Four copies of the brief or proposed findings and conclusions shall be filed with the board, and copies shall be served on the other parties, and a statement of such service shall be furnished. No party shall be required to submit such a brief or proposed findings and conclusions.
C. 
Requests for extensions of time to file a brief or proposed findings and conclusions shall be made to the board. Notice of the request for any extension shall be immediately served on all other parties, and proof of service shall be furnished.
(AR No. 97-180, § 1, 8-19-1997)
A. 
In the discretion of the board, hearings may be continued from day to day, or adjourned to a later date or to a different place, by announcement thereof at the hearing by the board, or by other appropriate notice.
(AR No. 97-180, § 1, 8-19-1997)
A. 
Misconduct at any hearing before the board shall be ground for summary exclusion from the hearing.
B. 
Such misconduct, when engaged in by an attorney or other representative of a party, shall be ground for suspension or disbarment by the board from further practice before it after due notice and hearing.
C. 
The refusal of a witness at any such hearing to answer any question which has been ruled to be proper may, in the discretion of the board, be ground for striking all testimony previously given by such witness on related matters.
D. 
For purposes of this rule, misconduct means improper behavior or intentional wrongdoing. With respect to attorneys who appear before the board, misconduct also includes behavior which violates the Alaska Rules of Professional Conduct, as amended.
(AR No. 97-180, § 1, 8-19-1997)
A. 
After a hearing for the purpose of taking evidence upon a complaint, and after consideration of post-hearing briefs and proposed findings and conclusions, if any, the board shall prepare a decision. Such decision shall contain findings of fact, conclusions, and the reasons or basis therefor, and shall contain a finding that an unfair labor practice was, or was not, committed as alleged in the complaint. The board shall cause a copy thereof to be served upon each of the parties.
B. 
The complaint and any amendments thereto, notice of hearing, answer and any amendments thereto, motions, rulings, orders, the electronic recording of the hearing, stipulations, exhibits, documentary evidence, and depositions, post-hearing briefs and proposed findings and conclusions, together with the board's written decision shall constitute the record in the case.
(AR No. 97-180, § 1, 8-19-1997)
A. 
Until such time as an appeal of the board's decision may be lodged with the Superior Court, the board may at any time upon reasonable notice modify or set aside, in whole or in part, any findings of fact, conclusions of law, or order made or issued by it.
(AR No. 97-180, § 1, 8-19-1997)
A. 
At any stage of a proceeding prior to hearing, where time, the nature of the proceeding, and the public interest permit, all interested parties shall have opportunity to submit to the board for consideration facts, arguments, offers of settlement, or proposals of adjustment.
(AR No. 97-180, § 1, 8-19-1997)
A. 
After entry of a board order directing remedial action, the board or its agent shall seek compliance from all persons having obligations thereunder. The board or its agent shall make a compliance determination as appropriate and shall notify the parties of the compliance determination. A complaining party adversely affected by a monetary, make-whole, reinstatement, or other compliance determination will be provided, on request, with a written statement of the basis for that determination.
(AR No. 97-180, § 1, 8-19-1997)
A. 
If any party refuses to comply with an order of the board, the board may apply to the Superior Court for an order enjoining the prohibited acts specified in its order or decision.
(AR No. 97-180, § 1, 8-19-1997)