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This entry was published on 2014-09-22
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SECTION 706
Prevention of unfair labor practices
Labor (LAB) CHAPTER 31, ARTICLE 20
§ 706. Prevention of unfair labor practices. 1. The board is empowered
and directed, as hereinafter provided, to prevent any employer from
engaging in any unfair labor practice. This power shall not be affected
or impaired by any means of adjustment, mediation or conciliation in
labor disputes that have been or may hereafter be established by law.

2. Whenever a charge has been made that any employer has engaged in or
is engaging in any unfair labor practice, the board or its agent shall
have the power to serve upon such employer a copy of the charge that was
filed with the board and a notice setting the date for the service and
filing of an answer. Any such charge may be amended from time to time
prior to the issuance of an order based thereon. The employer or the
person so charged shall have the right to file an answer to the original
or amended charge and to appear in person or otherwise to give testimony
at the place and time set by the board or its agent. In the discretion
of a member or agent conducting the hearing, or of the board, any other
person may be allowed to intervene in the said proceeding and to present
testimony. In any such proceeding the board or its agent shall not be
bound by technical rules of evidence prevailing in the courts of law or
equity.

3. The testimony taken at the hearing shall be reduced to writing and
filed with the board. Thereafter, in its discretion, the board upon
notice may take further testimony or hear argument. If upon all the
testimony taken the board shall determine that the respondent has
engaged in or is engaging in any unfair labor practice, the board shall
state its findings of fact and shall issue and cause to be served on
such respondent an order requiring such respondent to cease and desist
from such unfair labor practice, and to take such further affirmative or
other action as will effectuate the policies of this article, including,
but not limited to (a) withdrawal of recognition from and refraining
from bargaining collectively with any employee organization or
association, agency or plan defined in this article as a company union
or established, maintained or assisted by any action defined in this
article as an unfair labor practice; (b) awarding of back pay; (c)
reinstatement with or without back pay of any employee discriminated
against in violation of section seven hundred four, or maintenance of a
preferential list from which such employee shall be returned to work;
(d) reinstatement with or without back pay of all employees whose work
has ceased or whose return to work has been delayed or prevented as the
result of the aforementioned or any other unfair labor practice in
respect to any employee or employees or maintenance of a preferential
list from which such employees shall be returned to work. Such order may
further require such person to make reports from time to time showing
the extent to which the order has been complied with. If upon all the
testimony the board shall be of the opinion that the person or persons
named in the complaint have not engaged in or are not engaging in any
such unfair labor practice, then the board shall make its findings of
fact and shall issue an order dismissing the complaint.

4. Until a transcript of the record in a case shall have been filed in
a court, as hereinafter provided, the board may at any time, upon
reasonable notice and in such manner as it shall deem proper, modify or
set aside, in whole or in part, any finding or order made or issued by
it.

5. The board shall not require as a condition of taking action or
issuing any order under this article, that employees on strike or
engaged in any other lawful, concerted activity shall discontinue such
strike or such activity.

6. The board shall consider all complaints or petitions filed with it
and conduct all proceedings under this article with all possible
expedition.