The board promotes the improvement of employer-employee relations by providing a uniform basis for recognizing the rights of city of Phoenix employees. Holds hearings, administers oaths, compels attendance of and examines witnesses, compels production of and examines documents, and provides for informal hearing procedures as part of the discharge of its duties. Appoints qualified neutrals for mediation or fact-finding to resolve impasse disputes in the course of administering the Meet and Confer Ordinance.
Composition: The board consists of five members appointed by the mayor and City Council for three-year terms. All members are generally residents of the city of Phoenix, except the residency requirement for the chairman may be waived. A person selected to fill a vacancy is appointed for the unexpired term of the member replaced.
The board membership is comprised of:. At the meeting the Board will weigh and determine the pleadings filed and the arguments presented. Either party may seek review of the PERB order. Make sure you cite specific times, places, people, etc.
Charges are to be typewritten. Make sure all supporting documents are legible. The accompanying affidavit must be notarized. Upon receipt of a charge a conformed copy will be returned via email or if filed in person, given to the person delivering the charge at the time of filing. The charge must include a statement of the relief sought by the charging party, provided that the statement shall not limit the Board's ability to award relief based on the record. Association of Labor Relations Agencies.
If the Board determines that there has been noncompliance with the terms of a voluntary adjustment, it may revoke its consent order and direct its agent to issue a notice of hearing on the original charge. The Board's agent shall serve a copy of the proposed adjustment on all interested parties. Any interested party shall have five 5 days within which to file objections to the entry of a consent order of the Board pursuant to the proposed voluntary adjustment.
If the Board determines that the objections are not meritorious, it may enter and serve on the parties a consent order. If the Board determines that the objections are meritorious, it shall not enter a consent order. The notice of hearing shall state the time, date, and place of hearing, along with the name of the hearing officer, if one is appointed.
The hearing shall be scheduled no sooner than twenty-one 21 days from the date of service of the notice of hearing upon the charged party. The request shall be accompanied by an affidavit stating facts supporting a party's claim that, on account of the bias, prejudice, or interest of the assigned hearing officer, he cannot obtain a fair and impartial hearing. The conference may be conducted telephonically.
Items to be discussed at the conference may include: Length of the hearing, specification of claims, exchange of documents, stipulation of uncontested facts, number of witnesses expected to be used, advance filing of exhibits, and any other matters the parties may wish to discuss. Provided further, that a charge alleging the discriminatory discharge of an employee or the causing of an employer to discriminatorily discharge an employee shall be accorded priority over all other cases except those alleging unlawful striking or picketing.
In addition, such employee organization shall file, in accordance with Phoenix City Code, Section B , a sworn statement that the employee organization has established and will maintain standards providing for election of its local officers at least every three 3 years, along with an annual financial statement in substantial compliance with 29 U.
In the event the employee organization has not existed for a period of at least one 1 year, the employee organization shall file a financial statement within ninety 90 days after the completion of its first fiscal or calendar year. If such employee organization is other than a local organization, both the organization seeking recognition and its local affiliate shall comply with the foregoing requirements.
Failure of the organization to comply prior to the pre-election conference shall act as a bar to its being on the ballot in that election. Such statement shall reflect the financial condition of the representative for a period ending within the calendar year prior to the date of filing.
The hearing shall be held before the Board within thirty 30 days after the issuance of the notice of hearing. If such an allegation is filed, the Board's agent shall issue a notice of hearing concerning the alleged violation.
The failure of the employee organization to comply with such an order shall prevent it from being certified as an authorized representative or from continuing in that capacity until such time as compliance occurs. Rules Governing Hearings. The notice of hearing shall state, in addition to any other requirement contained in these Rules and Regulations, the time, date and place of the hearing and that the matter shall be heard before the Board or before a hearing officer designated by the Board.
A hearing shall commence at the date and time specified in the notice of hearing and shall continue on consecutive business days thereafter or at such other times as set by the Board or hearing officer until the hearing has concluded. Any application for postponement of a hearing shall be filed with the Board or hearing officer, as the case may be, not less than seven 7 days prior to the scheduled hearing and shall set forth the position of each of the other parties involved in the proceeding with respect to such postponement.
Each Motion and response thereto shall contain a certificate of service. A Motion shall briefly state the relief sought and may be accompanied by such other documentation as the party deems appropriate.
A response to a Motion shall be filed and served within ten 10 days after service of the Motion or at such other time as directed by the hearing officer or the Board. Except for a motion filed pursuant to Rule 3. A Motion filed at any other time shall be heard by the Board. Oral argument shall be at the discretion of the Board or hearing officer, as the case may be, who shall notify the parties of the date, time, and place of oral argument.
The hearing officer may conduct oral argument on any motion telephonically. Any Motion made during the course of a hearing and a ruling thereon shall be part of the record. An application for a subpoena may be made ex parte. The subpoena shall show on its face the name and address of the party at whose request it was issued. A petition to quash a subpoena shall be served on the party at whose request the subpoena was issued.
A petition to quash a subpoena, a response filed thereto, and the ruling thereon shall not become a part of the official record except upon request of the party aggrieved by the ruling.
Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person. Witness fees and mileage shall be paid by the party at whose request the witness is subpoenaed. The amount paid to a subpoenaed witness shall be the same amount paid to a witness subpoenaed in proceedings before the Superior Court of the State of Arizona. Proof of service of a subpoena shall be made by filing with the Board's agent a statement of the date and manner of service and of the name s of the person s served, certified by the person who made the service, along with the original of the issued subpoena.
Any party or the Board may independently arrange for the presence of a reporter at any hearing and such party or the Board, if it shall have arranged for the presence of a reporter, shall pay the cost thereof.
If a reporter is present at a hearing, any party or the Board may independently order a transcript directly from the reporter and bear the expense thereof. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. A party shall, upon offering an exhibit into evidence at a hearing, simultaneously furnish copies of such exhibit to the other parties to the proceeding unless such other parties have already received a copy of the exhibit, or unless excused by the Board or its hearing officer.
Stipulations of fact may be introduced in evidence with respect to any issue. When the Board is conducting a hearing in which the Board is receiving the testimony of witnesses, the Chairman shall rule on all objections to the introduction of evidence and that ruling shall be final and binding on the other members of the Board.
Closing arguments, if any, shall be presented at the conclusion of the hearing. Any legal authority which a party wants the Board or hearing officer, as the case may be, to consider shall be put in the form of a legal memorandum and shall be filed prior to or at the close of the hearing, or at such other time as ordered by th eBoard or hearing officer.
Prehearing depositions and subpoenae for the production of documents may be ordered by the hearing officer, if the matter has been assigned to a hearing officer, or any Board member, if the matter has been retained by the Board, provided that the party seeking such discovery demonstrates that the party has reasonable need of the deposition testimony or materials being sought.
The hearing officer may direct the parties to submit closing briefs or to brief specific issues. Within sixty 60 days from the close of hearing or receipt of the requested briefs, whichever is later, the hearing officer shall issue and file with the Board a written report which shall include findings of fact, conclusions of law, and a recommended order, and the Board's agent shall cause a copy thereof to be served upon all parties to the proceedings.
When the hearing officer's report and recommendation is filed, the matter shall be deemed transferred to the Board for all further proceedings. Within twenty 20 days after the service of the hearing officer's report and recommendation, any party aggrieved thereby may file, at the office of the Board, exceptions accompanied by a statement in support of each exception. A copy of the exceptions shall be served on all other parties to the proceeding and a certificate of service shall be filed with the Board.
Within twenty 20 days after the filing of the exceptions with the Board, any other party may file, at the office of the Board, a response to the exceptions and any cross-exceptions accompanied by a statement in support of the response and each cross-exception.
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