Sec. 13A-114. Procedure concerning unfair labor practices

Any allegation that a person has engaged in an unfair labor practice shall be submitted to arbitration pursuant to the procedures set forth in Section 13A-104. The allegation shall be filed with the Director within forty-five (45) days after the person became or reasonably should have become aware of the alleged violation. The complaint shall include a detailed description of the facts and issues involved and the relief sought.

In applying this Section, fundamental distinctions between private and public employment shall be recognized and no body of Federal or State law, applicable wholly or in part to private employment, shall be regarded as binding or controlling precedent.

If upon the preponderance of the testimony taken the Arbitrator shall be of the opinion that any person named in the complaint has engaged in or is engaging in an unfair labor practice, then the Arbitrator shall state his or her findings of fact and shall issue and cause to be served on such person an order requiring that he or she cease and desist from such unfair labor practices and to take such affirmative action, including reinstatement with or without back pay, as will effectuate the policies of this law. Such order may further require such person to make reports from time to time showing the extent to which he has complied with the order. The Arbitrator may require, in situations where employer conduct has destroyed a reasonable opportunity for a fair and free election, recognition to be granted to the labor organization so deprived. The Arbitrator's remedial powers shall not be limited to the effects of the immediate case and may be designed to prevent future unfair labor practices, notwithstanding the penal nature of such requirement.

If the preponderance of evidence has not shown that the person named in the complaint has engaged in or is engaging in any such unfair labor practice, then the Arbitrator shall state its findings of facts and shall issue an order dismissing the said complaint.

Findings of the Arbitrator shall be conclusive and binding upon the parties unless a petition for relief, in whole or in part, from the Arbitrator's order is filed properly with the Clerk of the Circuit Court for Prince George's County within 30 days after the issuance of such order and unless said Court finds that the Arbitrator's decision or order was not supported by substantial evidence. No objection that has not been urged before the Arbitrator shall be considered by the Court unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. Except as otherwise provided by law, the Arbitrator's decision shall not be subject to court review.

The complaining party shall have the power to petition the Circuit Court for Prince George's County for enforcement of the Arbitrator's order and for appropriate temporary relief or restraining order. However, such a petition shall not reopen the propriety of the Arbitrator's decision and order if appeal for judicial reviews was not timely filed.