c) Recognition of Unions
Nothing herein or any activity by the Commission or the Director authorized hereby shall
constitute official Tribal recognition of any union or Tribal endorsement of any union
activities on the Reservation.
d) Burden of Proof
In any hearing before the Commission where the issue is compliance by an employer with
any of the requirements and provisions of the foregoing subsections of Section 5, the
burden of proof shall be on the employer rather than on the employee or other complainant
to show compliance with said provisions.
SECTION 6.0 COMPLAINTS AND HEARINGS
6.1
NOTICE
If a hearing is requested by the Commission, the Director, an individual, an employer, or a union
pursuant to this section, the Commission shall cause a written notice of hearing to be served upon
all concerned parties stating the nature of the hearing and the evidence to be presented. The notice
shall advise such parties of the violation, their required presence or the presence of a representative
on their behalf, their right to be present at the hearing, to present testimony of witnesses or other
evidence, and to be advised by counsel at their own expense.
6.2
COMPLAINTS
a) Complaints Regarding Violations
Any individual, employer, entity or organization that believes any covered employer or its
agents has violated or is in violation of this Ordinance or any Rules or Regulations issued
pursuant to it may file a complaint with the Director, a Commissioner, or the Commission’s
authorized agent. The complaint shall be in writing and shall provide such information as is
necessary to enable the Director to carry out an investigation. The Director shall investigate
every complaint filed. If upon investigation, he has reason to believe a violation has
occurred, he shall proceed pursuant to the provisions of Section 7. Within 20 days after
receipt of the complaint, and on a regular basis thereafter, the Director shall provide the
complaining party with a written report on the status of the complaint.
b) Time and Place of Filing Complaints
Complaints filed under subsection (a) above shall be filed by the charging party with the
Commission or its authorized agent within seven working days after the alleged unlawful
violation(s) occurred or seven working days after the charging party learned of the alleged
unlawful violation(s), but no complaint shall be accepted after 180 days from the date of
alleged violation or occurrence.
The complaint shall include the date, place and
circumstances of the alleged unlawful violation(s) and shall be served upon the person(s)
against whom the charge(s) are made within 10 days thereafter.
c) Complaints Regarding Administrative Acts of TERO Director
Any individual employer, employee or other party may challenge any action of the
Commission or the Director by filing a written complaint with the Director, the Commission,
or its authorized agent within 5 days from said action and requesting a hearing no later than
10 days from the date said complaint was filed
d) Service of Complaints
Service may be made by registered mail or hand delivery with receipt.
6.3
INVESTIGATIONS
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Revised Spokane Law & Order Code, 5/14/2013