reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 11.00 - Definitions › Section 11.03 - Definitions

Current through Register 1525, July 5, 2024
Bargaining Unit
. That group of employees represented by an exclusive bargaining agent, which has been recognized by the employer or certified by the Department pursuant to M.G.L. c. 150E and 456 CMR.
Collective Bargaining Agreement
. A complete and final written agreement signed by all parties reached between a public employer and an employee organization that sets forth wages, hours, or other terms and conditions of employment.
Days
. Calendar days, including Saturdays, Sundays and legal holidays.
Escrow Account
. An account in a bank or comparable financial institution jointly administered by and payable to the charging party and the respondent exclusive bargaining agent.
Exclusive Bargaining Agent
. The employee organization recognized by the employer or certified by the Department as the exclusive representative of the employees in the bargaining unit for the purposes of collective bargaining.
Hearing Officer
. The Board presiding over a case in the first instance, or the Board member individually, or the Department agent designated to preside at a hearing.
Party
. Any individual, employer or employee organization participating in a matter before the Department or Board either as a matter of right or as an intervenor under the provisions of 456 CMR 12.03:
Intervention
.
Recognition
. Written recognition by an employer pursuant to 456 CMR 14.06(5):
Recognition Year Bar
of an employee organization designated by the majority of the employees in an appropriate bargaining unit as the exclusive representative of all the employees in such unit for the purpose of collective bargaining.
Service Fee
. A sum of money that an employee is required to pay as a condition of employment to a bargaining agent pursuant to a collective bargaining agreement as provided in M.G.L. c. 150E, § 12.
Showing of Interest
.
(a) Authorization cards or petitions, authorizing the named employee organization to represent such employees for the purpose of collective bargaining, provided that any such authorization cards or petitions are signed and individually dated by employees within six months prior to the filing of a petition pursuant to 456 CMR 14.03:
Petitions by Employee Organizations
;
(b) Authorization cards or petitions, stating that such employees no longer wish to be represented by the named employee organization for the purpose of collective bargaining, provided that any such authorization cards or petitions are signed and individually dated by employees within six months prior to the filing of a petition pursuant to 456 CMR 14.04:
Petitions by Employees
; or
(c) Other evidence approved by the Department.
Tender
. The actual production and unconditional offer to a representative of the bargaining agent of an amount no less than the amount demanded as a service fee.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 11.00 - Definitions › Section 11.04 - Charges and Complaints

Current through Register 1525, July 5, 2024
Complaint
. as used in M.G.L. c. 150E, §§ 11(a) and (b) only, shall hereinafter be referred to as a charge.
Answer
. as used in M.G.L. c. 150E, § 11(a) only, shall hereinafter be referred to as a response.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 12.00 - General Provisions › Section 12.01 - Scope

Current through Register 1525, July 5, 2024
456 CMR 12.00 is applicable to all proceedings before the Department, except for those proceedings held pursuant to 456 CMR 18.00:
Designation of Department Agents
and 20.00:
Construction of Rules, Amendment and Publication
.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 12.00 - General Provisions › Section 12.02 - Service: When Required

Current through Register 1525, July 5, 2024
(1) Except as otherwise provided in 456 CMR, all filings shall be signed by the party or a representative of the party on whose behalf such paper is filed.
(2) Except as otherwise provided in 456 CMR, all filings shall contain proof of contemporaneous service to all parties in the form of a statement under the penalties of perjury and shall include the date and manner of service and the name of the person served, signed by the person who made service.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 12.00 - General Provisions › Section 12.03 - Intervention

Current through Register 1525, July 5, 2024
(1) Any employer, employee, or employee organization, or person not initially a party who may be substantially and specifically affected desiring to intervene in any proceeding shall file with the Department a written motion, or may move orally at the hearing, on the record, stating the grounds upon which such employee, employer or employee organization or person claims to be interested. Such written motion shall be filed at or prior to the first day of hearing in any proceeding, except for good cause shown.
(2) At the discretion of the Department, any employer, employee, employee organization, or other entity may be allowed to intervene.
(3) Any intervenor shall have the rights of a party to present evidence at any proceeding, subject to the discretion and limitations imposed by the Department, which shall consider the potential for delay and unnecessary duplication of evidence.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 12.00 - General Provisions › Section 12.04 - Consolidation of Proceedings

Current through Register 1525, July 5, 2024
If there are multiple proceedings at the Department involving common issues, a party shall notify the Department, stating with particularity the common issues. The Department may, in its discretion, consolidate the proceedings.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 12.00 - General Provisions › Section 12.05 - Right to Counsel

Current through Register 1525, July 5, 2024
Any party to a proceeding may appear on the party's own behalf, or, in accordance with 456 CMR 12.06, may be accompanied, represented and advised by counsel or other representative at any conference, investigation or hearing.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 12.00 - General Provisions › Section 12.06 - Appearances

Current through Register 1525, July 5, 2024
(1) Every representative of a party shall enter an appearance with the Department. Every party shall designate one representative for the purpose of receiving notice, pleadings or service of process.
(2) An appearance may be withdrawn only with the permission of the Department. A request to the Department to withdraw an appearance shall be made in writing, served upon both the party on whose behalf the representative has appeared and upon representatives of all other parties to the proceeding.
(3) The filing of an appearance shall not operate as a waiver to any challenge to the Department's jurisdiction.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 12.00 - General Provisions › Section 12.07 - Postponements

Current through Register 1525, July 5, 2024
Requests for postponements of scheduled hearings, investigations or conferences shall not be granted unless good cause is shown and the following requirements are met:
(1) The postponement request shall be made in writing to the Director or the hearing officer at least three days prior to the scheduled hearing, investigation or conference.
(2) The grounds for the postponement request shall be set forth in detail.
(3) The requesting party shall specify alternate dates for rescheduling the hearing or conference.
(4) The position of all parties concerning both the postponement request and the proposed alternate dates shall be ascertained in advance by the requesting party and set forth in the postponement request.
(5) For the purpose of 456 CMR 12.07(1) through (6), at the discretion of the Department, good cause may include a proffer that a postponement will result in settlement of the case.
(6) Absent good cause, the Department shall not grant more than one postponement request to each party preceding the date of each hearing, investigation or conference.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 12.00 - General Provisions › Section 12.08 - Time: How Computed

Current through Register 1525, July 5, 2024
(1) Unless otherwise specifically provided by 456 CMR or other applicable law, computation of time under 456 CMR 12.00, shall begin with the first day following the act, event or default that initiates the running of the time period. The last day of the time period shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day.
(2) Whenever a party has the right or is required to do some act within a prescribed period of time, if the Department serves notice of such right or requirement by mail, the Department shall presume that the party received notice thereof three days from the date of issuance of such notice. If the Department serves notice of such right or requirement electronically, the Department shall presume that the party received notice thereof on the date of electronic transmittal. The presumption may be rebutted by evidence of later receipt.
(3) For good cause shown, the Department may, within its discretion, extend any deadline for filing under 456 CMR.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 12.00 - General Provisions › Section 12.09 - Decorum

Current through Register 1525, July 5, 2024
(1) All parties and their representatives, witnesses or other persons present at any proceeding shall conduct themselves in a manner consistent with the standards and decorum commonly observed in any court. Where such decorum is not observed, the Department may take appropriate action which may include, but is not limited to, excluding a disruptive person from the proceeding, if such person is a party, to allow participation by the party's representative only.
(2) Failing to observe such decorum by any representative appearing before the Department may be grounds for immediate exclusion from the hearing, conference or other proceeding at which the representative is appearing, or may be grounds for suspension or debarment from practice before the Department. Suspension or debarment determination, and the length thereof, may be made by the Department only after due notice and a hearing.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 12.00 - General Provisions › Section 12.10 - Other Conferences

Current through Register 1525, July 5, 2024
Nothing in 456 CMR 12.00 shall be construed so as to prohibit or limit the Department from holding a conference or investigation at any time in connection with any matter pending before the Department.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 13.00 - Conduct of Hearings › Section 13.01 - Scope

Current through Register 1525, July 5, 2024
(1)
								456 CMR 13.00 is applicable to all hearings before the Department, except as set forth in 456 CMR 13.01(2) and except for those proceedings held pursuant to 456 CMR 20.00:
Construction of Rules and Severability
and 21.00:
Rules for Interest Mediation, Fact-finding and Interest Arbitration in Disputes Involving Public Employers and Public Employees; Private Sector Interest Mediation
.
(2) Hearings on petitions filed pursuant to 456 CMR 14.00:
Questions of Representation
shall be governed by the procedures in 456 CMR 14.08:
Investigation and Hearing
.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 13.00 - Conduct of Hearings › Section 13.02 - Expeditious Scheduling of Hearings

Current through Register 1525, July 5, 2024
(1) When temporary relief or a restraining order has been procured by the Department or a party in connection with a complaint under 456 CMR 13.00, the complaint that is the basis for such temporary relief or restraining order may be heard expeditiously.
(2) For other good cause shown by a party in writing, the Department also may determine that a complaint will be heard expeditiously.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 13.00 - Conduct of Hearings › Section 13.03 - Hearings and Findings

Current through Register 1525, July 5, 2024
(1)
(a) If a hearing is ordered, the Department shall set the time and place for the hearing.
(b) Should one or more parties to the hearing petition the Board, the Board, in its discretion, and for good cause shown, may order that the hearing be conducted by the Board in the first instance. The rules and procedures of 456 CMR 12:00:
General Provisions
and 13.00 shall apply to a hearing conducted by the Board in the first instance.
(c) Any party may file a motion to dismiss the complaint or for a summary decision prior to a hearing.
(d) At the hearing, which shall be presided over by a hearing officer or the Board, the employer, the employee organization, or the person so complained of shall have the right to appear in person or otherwise to defend against the complaint.
(e) The charging party shall have the burden of proving the allegations of the complaint by a preponderance of the evidence.
(f) At the discretion of the Department, any person may be allowed to intervene in such proceeding pursuant to 456 CMR 12.03:
Intervention
.
(g) In any hearing, the Department shall not be bound by the technical rules of evidence prevailing in the courts.
(h) Witness testimony may be preserved by a recording or, at the discretion of the parties who shall be responsible for the costs thereof, by stenographic transcription.
(i) The parties shall, at the discretion and direction of the hearing officer, electronically submit documentary exhibits to the hearing.
(j) The refusal of a witness at a hearing to answer any question that has been ruled by the Department to be proper may be grounds for striking all testimony previously given by such witness on related matters.
(k) At the conclusion of the hearing, the hearing officer shall issue written findings of fact and shall determine whether a practice prohibited under M.G.L. c. 150E, § 10 has been committed and, if so, shall issue an order requiring the respondent to cease and desist from such prohibited practice, and shall take such further affirmative action as will comply with the provisions of M.G.L. c. 150E, § 11(d), including but not limited to the withdrawal of certification of an employee organization established, or assisted in its establishment, by any such prohibited practice.
(l) The hearing officer shall order the reinstatement with or without back pay of an employee discharged or discriminated against in violation M.G.L. c. 150E, § 10.
(m) If the hearing officer determines that a practice prohibited under M.G.L. c. 150E, § 10 has not been or is not being committed, the hearing officer shall state findings of fact and issue an order dismissing the complaint.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 13.00 - Conduct of Hearings › Section 13.04 - Interlocutory Appeals

Current through Register 1525, July 5, 2024
(1) Prior to the close of a hearing, a party may seek relief from a ruling or order of the hearing officer in the following manner:
(a) The motion for relief must be in writing and addressed to the Board.
(b) The motion must set forth with specificity the ruling or order from which relief is sought and grounds on which the party believes that it is entitled to relief, including why review following the close of the hearing is not an adequate remedy.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 13.00 - Conduct of Hearings › Section 13.05 - Right to Counsel and to Offer Evidence

Current through Register 1525, July 5, 2024
Any party to a proceeding shall have the right to appear at such proceeding in person, by counsel or by other representative, to call, examine and cross examine witnesses and to introduce into the record documentary or other evidence.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 13.00 - Conduct of Hearings › Section 13.06 - Open to Public

Current through Register 1525, July 5, 2024
Any hearing conducted pursuant to 456 CMR 13.00 shall be open to the public except in extraordinary situations or circumstances as the Department, in its discretion, may determine.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 13.00 - Conduct of Hearings › Section 13.07 - Authority of Department Agent Presiding at Hearing

Current through Register 1525, July 5, 2024
The hearing officer presiding at a hearing shall have the right to inquire fully into the facts relevant to the subject matter of the hearing. The hearing officer shall have the authority to:
(1) Administer oaths and affirmations;
(2) Issue subpoenas;
(3) Rule upon motions to revoke or modify subpoenas;
(4) Rule upon offers of proof and receive relevant evidence;
(5) Permit depositions to be taken when appropriate;
(6) Limit the examination and cross examination of each witness to one representative for each party;
(7) Hold conferences for the settlement or clarification of the issues;
(8) Dispose of procedural requests or similar matters;
(9) Require the parties to identify prospective witnesses at least ten days prior to a scheduled hearing whenever possible;
(10) Require the parties to call, examine, and cross-examine witnesses, and to introduce into the record documentary or other evidence;
(11) Request the parties at any time during the hearing to state their respective positions concerning any issue in the case or theory in support thereof or to request that the parties submit proposed findings of fact, conclusions of law and requests for remedial relief;
(12) Continue the hearing from day to day or to adjourn the hearing to a later date or to a different place, by announcement thereof at the hearing or by other appropriate notice;
(13) Rule on the admissibility of evidence;
(14) Require the parties to submit pre-filed direct testimony;
(15) Require the parties to electronically submit documentary exhibits to the hearing; and
(16) Take any other action authorized by 456 CMR 13.00.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 13.00 - Conduct of Hearings › Section 13.08 - Motions

Current through Register 1525, July 5, 2024
(1) All motions made prior to or subsequent to the hearing shall be filed in writing with the hearing officer in accordance with the provisions of 456 CMR 12.12:
Filing with the Department
and shall state the order or relief applied for and the grounds for the motion.
(2) Within seven days of service of the motion, any other party to the proceeding may file a response with the hearing officer, unless directed otherwise by the hearing officer.
(3) The hearing officer may defer ruling on any motion until the close of the hearing and may direct the parties to proceed with the hearing while the motion is pending. All motions made at the hearing shall be stated orally, unless otherwise directed by the hearing officer, and shall be included in the record of the hearing.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 13.00 - Conduct of Hearings › Section 13.09 - Objections

Current through Register 1525, July 5, 2024
Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence, shall be stated orally, together with a short statement of the grounds of such objection, and shall be included in the record of the hearing. No such objection shall be deemed waived by further participation in the proceedings.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 13.00 - Conduct of Hearings › Section 13.10 - Witnesses

Current through Register 1525, July 5, 2024
Witnesses shall be examined orally under oath or affirmation, except if they reside outside of the Commonwealth or because of illness or other cause are unable to testify before the Department. In such situations, the Department may direct that the testimony be taken within or without this Commonwealth in such manner and in such form as is permitted by applicable law.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 13.00 - Conduct of Hearings › Section 13.11 - Stipulations of Fact

Current through Register 1525, July 5, 2024
In any proceeding, stipulations of fact may be introduced in evidence with respect to any issue. At the discretion of the hearing officer, the parties may, by written stipulation filed with the hearing officer at any stage of the proceeding, or by oral stipulation made at hearing, agree as to the truth of any fact pertinent to the proceeding. The hearing officer may require parties to propose stipulations. In making findings, the hearing officer need not be bound by a stipulation which is in contravention of law or erroneous on its face.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 13.00 - Conduct of Hearings › Section 13.12 - Recording of Hearing

Current through Register 1525, July 5, 2024
(1) Except for good cause shown, all hearings conducted pursuant to 456 CMR 13.00 shall be recorded by one of the following methods: audio tape, stenographic transcription, or other equivalent method approved by the Department.
(2) Copies of any official audio tape, stenographic transcription, or other equivalent record prepared by the Department shall be made available to all parties for purchase and shall be made available for the parties to review at the Department's offices.
(3) The Department may, in its discretion, allow a party to record the hearing by means of stenographic transcription, or through other means that will not disrupt the proceedings. Any party may request the Department to designate a written transcript of the proceeding as the official record of the proceeding subject to the following requirements:
(a) A copy of the written transcript has been made available to all other parties to the proceeding and all have had the opportunity to specify any objections to the accuracy of the transcript to the Department;
(b) A copy of the written transcript will be made available for purchase to all other parties for a reasonable fee reflective of the cost of the transcript;
(c) A copy of the written transcript is provided without charge to the Department with the understanding that the Department will make the transcript available to the public pursuant to the provisions of state law.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 13.00 - Conduct of Hearings › Section 13.13 - Submission Without a Hearing

Current through Register 1525, July 5, 2024
(1) The parties, with the approval of the Department, may jointly elect to waive a hearing and to submit evidence without appearing at the time and place designated for the hearing. Parties who jointly waive the hearing shall supply all documents supporting their allegations or defenses. Stipulations of fact may supplement the documentary evidence in the record.
(2) If the parties jointly seek to waive a hearing under this provision, and the Department approves the request, the Department may require the parties to enter into a written statement of Stipulated Facts and Exhibits which shall include the following:
(a) A statement of agreement that the parties agree to waive a hearing;
(b) A statement of the agreed contents of the entire record;
(c) A statement of agreement that any conflict of fact between the statement of Stipulated Facts and Exhibits and the findings contained in the Complaint of Prohibited Practice or within the Respondent's Answer, shall be resolved in favor of the Statement of Stipulated Facts and Exhibits; and
(d) A statement that the parties agree not to submit additional facts or exhibits.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 13.00 - Conduct of Hearings › Section 13.14 - Subpoenas

Current through Register 1525, July 5, 2024
(1) Any party to a proceeding under 456 CMR 13.00 may request the issuance of a subpoena to compel the attendance of witnesses or the production of books, records, documents or correspondence.
(2) The party requesting a subpoena shall submit a written request to the designated hearing officer or, if no hearing officer has been assigned or is unavailable, to the Director. The request shall be submitted on a form authorized by the Department and shall include:
(a) Department case number and caption of the proceeding;
(b) Name, address and telephone number of the party requesting the subpoena;
(c) Date, time and location of the proceeding;
(d) Name and address of the witness whose testimony is sought; and
(e) A specific description of the books, records, correspondence or documents sought.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 13.00 - Conduct of Hearings › Section 13.15 - Oral Argument or Briefs

Current through Register 1525, July 5, 2024
(1) The parties shall be entitled to oral arguments at the close of the hearing or may be given permission by the hearing officer to file briefs or written statements. The time for oral argument shall be fixed by the hearing officer.
(2) Any party permitted to file a brief shall do so within ten days after the close of the hearing, unless otherwise directed by the hearing officer. Any filing must be in compliance with 456 CMR 12.12:
Filing with the Department
.
(3) Requests for additional time in which to file a brief shall be made in writing to the hearing officer and shall be filed with the Department no later than three days before the date such briefs are due.
(4) No reply briefs may be filed except by permission of the hearing officer.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 13.00 - Conduct of Hearings › Section 13.16 - Reopening of Hearings

Current through Register 1525, July 5, 2024
The hearing officer may reopen the hearing and receive further evidence or otherwise dispose of the matter prior to the issuance of a final decision. The hearing officer shall notify the parties of the time and place of hearings reopened under 456 CMR 13.16.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 13.00 - Conduct of Hearings › Section 13.17 - Record

Current through Register 1525, July 5, 2024
(1) The record in a hearing under this chapter shall consist of the charge, the complaint, answer, motions, rulings, orders, audio recording or stenographic transcription, stipulations, exhibits, documentary evidence, deposition and amendments to any of the foregoing.
(2) Whenever a hearing concerns, in whole or in part, facts or issues which were or could have been litigated in a related representation proceeding, the Department or hearing officer may incorporate in the record such parts of the record of the representation proceeding as may be appropriate.
(3) The record before the Board on review of a hearing officer decision shall be as set forth in 456 CMR 13.19(3).
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 13.00 - Conduct of Hearings › Section 13.18 - Waiver of Hearing

Current through Register 1525, July 5, 2024
(1) If the respondent desires to waive a hearing on the allegations set forth in the complaint or the amended complaint and not contest the proceeding, the answer to the complaint may consist of a statement that respondent refrains from contesting the proceedings or that respondent consents that the Department may make, enter and serve upon respondent an order to cease and desist from violations of M.G.L. c. 150E alleged in the complaint or that respondent admits all the allegations of the complaint. Either of the first two such answers shall have the same force and effect as if all the allegations of the complaint were admitted and, as in that case, shall be deemed by the Department to waive a hearing thereon and to authorize the Department, without a hearing, without evidence and without findings as to facts or other intervening procedure, to make, enter, issue and serve upon respondent an order to cease and desist from the violation of M.G.L. c. 150E charged in the complaint or to take such other action as provided in M.G.L. c. 150E.
(2) If the respondent does not file an answer, the Department may proceed in a like manner.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 13.00 - Conduct of Hearings › Section 13.19 - Appeal of Hearing Officer Decisions

Current through Register 1525, July 5, 2024
(1) The decision of the hearing officer shall become final and binding on the parties unless, within ten days after notice thereof, any party requests a review by the Board. This procedure is the exclusive method by which the parties may request review by the Board of the decision of the hearing officer.
(2) Any party seeking review of a decision of a hearing officer must file a notice of appeal with the Department, together with a supplementary statement, not later than ten days after receiving notice of the decision of the hearing officer. Within ten days of service thereof, any other party to the proceeding may file a supplementary statement responding to matters raised by the appealing party. The notice of appeal shall be in writing and contain the case name and number, the date of the decision of the hearing officer and a statement that the party requests review by the Board.
(3) Supplementary statements shall state with specificity the basis of the appeal.
(a) A party claiming that the hearing officer has made erroneous findings of fact shall identify the specific findings challenged and clearly identify all record evidence supporting the party's proposed findings of fact, including specific references to page and line numbers of the transcript when one is available.
(b) The findings of fact made by the hearing officer may be adopted summarily by the Board unless specifically objected to by a timely filed supplementary statement. Only disputes as to material issues of fact need be resolved by the Board on appeal.
(c) When a party claims that the hearing officer has made errors of law, the supplementary statement shall identify the challenged conclusions and must explain the basis upon which the party believes the conclusions to be erroneous. Failure to provide the above described information may result in summary dismissal of the appeal.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.01 - Petitions

Current through Register 1525, July 5, 2024
(1) All petitions filed under 456 CMR 14.00 shall be in the form prescribed by the Department.
(2) All petitions filed under 456 CMR 14.00 shall be in writing and shall contain a declaration by the person signing them, under the penalties of perjury, that the contents are true and correct to the best of the signatory's knowledge or belief.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.02 - Petitions by Employers

Current through Register 1525, July 5, 2024
(1) In initiating action under M.G.L. c. 150E, § 4, a petition filed by an employer alleging that one or more employee organizations claim to represent a substantial number of employees in a bargaining unit shall contain the following information:
(a) The correct name and address of the employer and its designated representative for purposes of collective bargaining;
(b) A full description of the bargaining unit involved, specifying the job classifications of the employees of the petitioning employer included therein or excluded therefrom, and the approximate number of employees therein;
(c) The name, address and affiliation of the exclusive representative, if any;
(d) The date of recognition or certification, if any;
(e) The expiration date of any current collective bargaining agreement(s) covering any of the employees described in 456 CMR 14.02(1)(b);
(f) The names and addresses of all employee organizations known to have claimed recognition as representatives of a substantial number of employees described in 456 CMR 14.02(1)(b), giving the date of each claim;
(g) The names and addresses of other employee organizations known to the employer to have an interest in representing the employees described in 456 CMR 14.02(1)(b); and
(h) Any other relevant facts which may be required in a petition form issued by the Department.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.03 - Petitions by Employee Organizations

Current through Register 1525, July 5, 2024
(1) In initiating action under M.G.L. c. 150E, § 4, a petition filed by an employee organization alleging that a substantial number of employees wish to be represented by it shall contain the following information:
(a) The correct name, address and affiliation of the employee organization;
(b) The correct name and address of the employer and its designated representative for the purposes of collective bargaining;
(c) A full description of the bargaining unit claimed to be appropriate, including job titles, and the approximate number of employees therein;
(d) The name and address of all employee organizations known to represent or known to claim to represent any of the employees in the bargaining unit claimed to be appropriate;
(e) The expiration date of any current collective bargaining agreement(s) covering any of the employees described in 456 CMR 14.03(1)(c); and
(f) Any other relevant facts which may be required in a petition form issued by the Department.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.04 - Petitions by Employees

Current through Register 1525, July 5, 2024
(1) In initiating action under M.G.L. c. 150E, § 4, a petition filed by or on behalf of a substantial number of employees in a unit alleging that the exclusive representative no longer represents a majority of the employees in the unit shall contain the following information:
(a) The correct name and address of the petitioner;
(b) The correct name and address of the employer and its designated representative for the purposes of collective bargaining, if known;
(c) A full description of the bargaining unit involved, and the approximate number of employees in the unit;
(d) The name, address and affiliation of the recognized or certified representative;
(e) The date of recognition or certification;
(f) The expiration date of the current collective bargaining agreement covering the employees described in 456 CMR 14.04(1)(c), if any; and
(g) Any other relevant facts which may be required in a petition form issued by the Department.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.06 - Bars to Petitions: Elections

Current through Register 1525, July 5, 2024
(1)
Contract Bar
.
(a) Except for good cause shown, no petition filed under the provisions of M.G.L. c. 150E, § 4 shall be entertained during the term of an existing valid collective bargaining agreement, unless such petition is filed no more than 180 days and no fewer than 150 days prior to the termination date of said agreement. No collective bargaining agreement shall operate as a bar for a period of more than three years.
(b) Except for good cause shown, no petition seeking clarification or amendment of an existing bargaining unit shall be entertained during the term of an existing valid collective bargaining agreement, unless such petition is filed no more than 180 days and no fewer than 150 days prior to the termination date of said agreement, except that a petition to alter the composition or scope of an existing unit by adding or deleting job classifications created or whose duties have been substantially changed since the effective date of the collective bargaining agreement may be entertained at other times.
(c) Except for good cause shown, no collective bargaining agreement shall operate as a bar, unless an electronic copy of the agreement has been filed with the Department in accordance with 456 CMR 16.01:
Filing of Contracts
.
(d) Except for good cause shown, no collective bargaining agreement shall operate as a bar unless, the employee organization has filed or amended its Employee Organization Information Report (Department-Form 1), filed pursuant to 456 CMR 16.05(1), to include the effective dates of the agreement.
(e) If a petition is filed challenging the contract bar because of a failure to comply with 456 CMR 14.06(1)(c) or (d), the Department shall provide notice to the incumbent employee organization and the employer notifying them of the pending petition and of their non-compliance. The incumbent employee organization and the employer shall have a period of no more than 30 days to cure this failure to comply. The contract bar shall then attach as if there had been compliance with 456 CMR 14.00.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.07 - Employees of the Commonwealth

Current through Register 1525, July 5, 2024
(1) With respect to employees of the Commonwealth, excepting only employees of community and state colleges and universities, no petition filed under the provisions of M.G.L. c. 150E, § 4 shall be entertained, except in extraordinary circumstances where the petition seeks certification in a bargaining unit not in substantial accordance with the provisions of this section. Bargaining units have been established on a state wide basis, with one unit for each of the following occupational groups, excluding in each case all managerial and confidential employees as so defined in M.G.L. c. 150E, § 1.
NONPROFESSIONAL EMPLOYEES
:
UNIT 1
: Administrative and Clerical, including all nonprofessional employees whose work involves the keeping or examination of records and accounts or general office work;
UNIT 2
: Service, Maintenance and Institutional, excluding building trades and crafts and institutional security;
UNIT 3
: Building Trades and Crafts;
UNIT 4
: Institutional Security, including correctional officers and other employees whose primary function is the protection of the property of the employer, protection of persons on the employer's premises and enforcement of rules and regulations of the employer against other employees;
UNIT 4A
: Department of Correction Captains;
UNIT 5
: Law Enforcement, including all employees with power to arrest, whose work involves primarily the enforcement of statutes, ordinances, and regulations, and the preservation of public order; and
UNIT 5A
: State police troopers and sergeants.
PROFESSIONAL EMPLOYEES
:
UNIT 6
: Administrative, including legal, fiscal, research, statistical, analytical and staff services;
UNIT 7
: Health Care;
UNIT 8
: Social and Rehabilitative;
UNIT 9
: Engineering and Science;
UNIT 10
: Education; and
UNIT 11
: Firefighters.
(2) Notwithstanding any provision of this section, nothing shall prevent the Department from finding appropriate:
(a) The inclusion of related technical employees in any of the professional units designated 6 through 11, provided that the requirements of M.G.L. c. 150E, § 3 have been met;
(b) One or more units of supervisory employees;
(c) Separate units for employees of constitutional officers;
(d) Separate units for employees of the judiciary;
(e) Separate units for employees of the General Court; and
(f) Other units for employees of the Commonwealth specifically established by law.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.09 - Record

Current through Register 1525, July 5, 2024
The record before the Department in a hearing conducted under 456 CMR 14.08 shall consist of the petition, notice of hearing, motions, rulings, orders, audio recording or stenographic transcription, stipulations, exhibits, documentary evidence, depositions and amendments to any of the foregoing. The Department shall base its decision on any issues raised in petitions filed under 456 CMR 14.00 on this record.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.10 - Disposition of Petitions

Current through Register 1525, July 5, 2024
The Department shall proceed, within a reasonable time after the introduction of evidence, or after oral argument or the submission of briefs, or further hearing, as it may determine, to dismiss the petition, or to direct an election by secret ballot among the employees in a bargaining unit determined by it to be appropriate, or to make other disposition of the matter.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.11 - Consent Election Agreements

Current through Register 1525, July 5, 2024
Where a petition has been duly filed, the employer, employee organization or person or persons representing a substantial number of employees involved and any intervenor which has submitted the required showing of interest may, subject to the approval of the Department, enter into a stipulation to waive the hearing and to conduct a consent election. Such stipulation shall include a description of the appropriate unit, the time and place for holding the election, and the payroll or the personnel list to be used in determining which employees within the appropriate unit shall be eligible to vote. Such consent election shall be conducted under the supervision of the Department or its agents.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.13 - Runoff Elections

Current through Register 1525, July 5, 2024
(1) The Department may conduct a runoff election when a valid election results in no choice receiving a majority of the valid ballots cast. No runoff election shall be conducted while objections to the election are pending. If all eligible voters cast valid ballots in an election involving two or more employee organizations and 50% voted for one employee organization while 50% voted for another employee organization, the Department shall conduct a runoff election between the two employee organizations which each received 50% of the votes. If all eligible voters cast ballots in a runoff election involving two or more employee organizations, the Department may decline to conduct a second runoff election absent evidence that a further runoff election would be likely to produce a different result than the prior election.
(2) Employees who were eligible to vote in the election shall be eligible to vote in a runoff election unless the Department determines otherwise.
(3) The ballot in a runoff election shall provide for a selection between the choices receiving the largest and second largest number of votes in the prior valid election.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.14 - Re-run Elections

Current through Register 1525, July 5, 2024
(1) The Department may declare an election invalid and may order another election providing for a selection from the choices afforded in the previous ballot in the following situations:
(a) The ballot provided for a choice among two or more employee organizations and "no employee organization" and the votes are equally divided among the several choices;
(b) The number of ballots cast for one choice in an election is equal to the number cast for another choice, but less than the number cast for the third choice (which did not receive a majority of valid votes cast);
(c) A runoff ballot provided for a choice between two employee organizations and the votes are equally divided (
See
456 CMR 14.13(1) ); or
(d) The Department concludes that the results of the prior election are invalid due to objectionable conduct of the election or objectionable conduct affecting the results of the election.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.15 - Reinvestigation of Certification

Current through Register 1525, July 5, 2024
For good cause shown, the Department may reinvestigate any matter concerning any certification issued by it and, after appropriate hearing, may amend, revise or revoke such certification.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.16 - Revocation of Certification

Current through Register 1525, July 5, 2024
An employee organization currently certified to represent a bargaining unit may request that the Department revoke its certification by filing a written request accompanied by a statement that the employee organization disclaims all interest in continued representation of the bargaining unit. A copy of the request shall be served in accordance with the requirements of 456 CMR 12:02:
Service, When Required
.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.17 - Deferral to AFL-CIO No Raiding Procedure

Current through Register 1525, July 5, 2024
In any petition filed under 456 CMR 14.03 by an employee organization affiliated with the AFL-CIO seeking to represent a bargaining unit represented at the time of filing by another employee organization affiliated with the AFL-CIO, any party may request that the Department defer processing the case for 30 days to permit the employee organizations to use the settlement provisions of the AFL-CIO no-raiding procedure. Such a request must be filed with the Department within ten days following receipt of notice that the petition has been filed, or at least three days prior to the date of the scheduled hearing on the petition, whichever is earlier. Upon written request by any party the Department may extend the 30-day deferral period. Copies of any request shall be served upon all parties to the case and in accordance with 456 CMR 12.02:
Service: When Required
.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.18 - Intervention

Current through Register 1525, July 5, 2024
(1) Any employee organization, including the incumbent exclusive representative, if any, wishing to appear on any ballot or be deemed a necessary party to any agreement for consent election shall file a motion to intervene setting out the same information as required in a petition filed pursuant to 456 CMR 14.03. Except for good cause shown, all motions to intervene filed under 456 CMR 14.18 must be filed within 30 days of the date of the Department's Notice of Hearing. Any incumbent exclusive representative who does not file a motion to intervene in accordance with 456 CMR 14.18 shall be deemed to have disclaimed interest in representing the employees in the petitioned-for bargaining unit and shall not appear on any ballot or be deemed a necessary party to any agreement for consent election.
(2) Any motion filed under 456 CMR 14.18 must be accompanied by the showing of interest required in 456 CMR 14.05, except that any incumbent exclusive representative who files a motion to intervene need not comply with the requirements under 456 CMR 14.05.
(3) Any party filing a motion to intervene under 456 CMR 14.18 shall serve a copy of its motion on each of the parties named in the original petition and any other intervenors, and in accordance with the requirements of 456 CMR 12.02:
Service: When Required
.