Employment Relations Board

EMPLOYMENT RELATIONS BOARD

of the

STATE OF OREGON

LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 483,
Complainant,
v.
METRO (REGIONAL CENTER),
Respondent. / )
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SERVICE OF COMPLAINT
AND NOTICE OF HEARING

Enclosed is an Amended Unfair Labor Practice Complaint filed against Respondent in the above matter. This constitutes formal service of the complaint by certified mail pursuant to ORS 243.676 and OAR 1150350030. By agreeing to the hearing date, the parties have waived the provisions of ORS 243.676(1)(c) and OAR 1150350040(1) regarding the scheduling of the hearing.

Respondent has 14 calendar days from the date this complaint was mailed by this Board within which to file an answer and its $300 filing fee with the Board. ORS 243.672(3); OAR 115-035-0035(1) and (6). The date of filing is the date of receipt by the Board. OAR 115-010-0010(5). All allegations of the complaint not specifically denied by Respondent’s answer shall be deemed admitted as true, unless good cause is shown or Respondent states in the answer that it is without knowledge of the matter. Respondent shall set forth any affirmative defenses in its answer. Respondent must serve a copy of the answer on the Complainant and file proof of such service with the answer. A respondent who fails to submit a timely answer and answer filing fee will not be permitted to present evidence or cross-examine witnesses at the hearing before the administrative law judge or at oral argument before the Board, absent a showing of good cause. OAR 115-035-0035(5).

NOTICE: A hearing on the matter is scheduled to take place on March 31, 2015 at 9:00 a.m. in the Metro Regional Center600 NE Grand Avenue, Room 501, Portland, OR 97232-2736.

The hearing will be conducted in accordance with ORS 243.676; OAR 115-010-0070; OAR 115-010-0075; and OAR 115-035-0042. Complainant has the burden of proving the allegations in the complaint, and Respondent has the burden of proving any affirmative defenses, by a preponderance of the evidence. The issue to be litigated is whether Respondent committed the acts or engaged in the conduct alleged, and whether such acts violated ORS 243.672. Other issues raised by Respondent’s answer shall also be litigated.

SERVED BY CERTIFIED MAIL
onFebruary 27, 2015 to:
Erica B. Askin (Complainant)
Nathan A.S. Sykes (Respondent) / Martin J. Kehoe
Administrative Law Judge
EMPLOYMENT RELATIONS BOARD
Old Garfield School Building
528 Cottage Street NE, Suite 400
Salem, Oregon 97301-3807

:mjb