60CC-5.002. Processing of Charge

(1) Whenever an unfair labor practice charge is filed with the Commission, it may be referred to the General Counsel or other designated agent. The Commission, the General Counsel, or other designated agent shall review the charge and accompanying supporting evidence. Should it be concluded that there is evidence sufficient to establish a prima facie violation of the applicable unfair labor practice provision(s), the Commission shall so notify the parties.

(2) If the evidence is insufficient to establish a prima facie violation of the applicable unfair labor practice provision(s), the charge may be summarily dismissed by the Commission, General Counsel, or other designated agent, and the parties shall be notified in writing of the determination.

(3) A charging party whose charge is summarily dismissed by the General Counsel or other designated agent may appeal the dismissal to the Commission within twenty (20) days after the date of issuance of the dismissal by filing with the Commission a petition requesting review of the dismissal which briefly and concisely sets forth the points of fact and law which are sufficient to establish a prima facie violation of the applicable unfair labor practice provision(s). Upon the filing of a timely petition requesting review, the Commission shall examine the charge and the supporting evidence in the record at the time of dismissal. If, upon such examination, the Commission finds the charge to be insufficient, it shall issue a summary dismissal of the charge, and the parties shall be notified in writing of the determination. If the Commission finds the charge to be sufficient, it shall reinstate the charge and shall so notify the parties.

(4) Whenever an unfair labor practice charge is filed with the Commission against an entity which employs State Career Service System employees or against an employee of such an entity, the Commission will provide a copy of the charge to the Office of Labor Relations within the Department of Management Services of the State of Florida.

Rulemaking Authority 447.207(1) FS. Law Implemented 447.503(1), (2) FS. History–New 5-6-79, Amended 1-17-80, 2-29-84, Formerly 38D-21.02, 38D-21.002, Amended 2-17-20.