Page:United States Statutes at Large Volume 94 Part 2.djvu/861

 PUBLIC LAW 96-465—OCT. 17, 1980

94 STAT. 2139

(A) constitute an unfair labor practice under this chapter, or (B) constitute grounds for the setting aside of any election conducted under this chapter. (d) Issues which can properly be raised under an appeals procedure may not be raised as unfair labor practices prohibited under this section. Except for matters wherein, under section 1109(b), an employee has an option of using the grievance procedure under chapter 11 or an appeals procedure, issues which can be raised under Post, p. 2142. section 1014 or chapter 11 may, in the discretion of the aggrieved party, be raised either under such section or chapter or else raised as an unfair labor practice under this section, but may not be raised both under this section and under section 1014 or chapter 11. SEC. 1016. PREVENTION OF UNFAIR LABOR PRACTICES.—(a) If the Investigation. Department or labor organization is charged by any person with 22 USC 4116.

having engaged in or engaging in an unfair labor practice, the General Counsel shall investigate the charge and may issue and cause to be served upon the Department or labor organization a complaint. In any case in which the General Counsel does not issue a complaint because the charge fails to state an unfair labor practice, the General Counsel shall provide the person making the charge a written statement of the reasons for not issuing a complaint. (b) Any complaint under subsection (a) shall contain a notice— Complaint (1) of the charge; (2) that a hearing will be held before the Board (or any member thereof or before an individual employed by the Board and designated for such purpose); and (3) of the time and place fixed for the hearing. (c) The labor organization or Department involved shall have the right to file an answer to the original and any amended complaint and to appear in person or otherwise and give testimony at the time and place fixed in the complaint for the hearing. (d)(1) Except as provided in paragraph (2), no complaint shall be issued based on any alleged unfair labor practice which occurred more than 6 months before the filing of the charge with the Board. (2) If the General Counsel determines that the person filing any charge was prevented from filing the charge during the 6-month period referred to in paragraph (1) by reason of— (A) any failure of the Department or labor organization against which the charge is made to perform a duty owed to the person, or (B) any concealment which prevented discovery of the alleged unfair labor practice during the 6-month period, the General Counsel may issue a complaint based on the charge if the charge was filed during the 6-month period beginning on the day of the discovery by the person of the alleged unfair labor practice. (e) The General Counsel may prescribe regulations providing for informal methods by which the alleged unfair labor practice may be resolved prior to the issuance of a complaint. (f) The Board (or any member thereof or any individual employed Hearing, by the Board and designated for such purpose) shall conduct a hearing on the complaint not earlier than 5 days after the date on which the complaint is served. In the discretion of the individual or individuals conducting the hearing, any person involved may be allowed to intervene in the hearing and to present testimony. Any such hearing shall, to the extent practicable, be conducted in accordance with the provisions of subchapter II of chapter 5 of title 5, United States Code, except that the parties shall not be bound by 5 USC 551 rules of evidence, whether statutory, common law, or adopted by a

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