Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.08 - Investigation and Hearing

Current through Register 1525, July 5, 2024
(1) The Department shall investigate a petition filed under M.G.L. c. 150E, § 4 to determine if there is reasonable cause to believe that a substantial question of representation exists. The Department may require any party to state in writing its position on any issue raised by the petition or to provide the Department with position descriptions, affidavits, or other information the Department believes to be relevant to the issues raised by the petition. If the Department, upon investigation, has reasonable cause to believe that a substantial question of representation exists, it shall provide for a hearing and shall serve upon the employer involved, and upon any parties or employee organizations purporting to act as a representative of any employees directly affected by the filing of a petition under 456 CMR 14.00, whether named in the petition or not, a notice of hearing on the question of representation before the Department at a time and place fixed therein. A copy of the petition shall be served with such notice of hearing.
(2) The Department shall investigate a petition seeking clarification or amendment of an existing bargaining unit to determine if there is a sufficient dispute of relevant facts to warrant a hearing. The Department may require any party to state in writing its position on any issue raised by the petition or to provide the Department with position descriptions, affidavits or other information the Department believes is relevant to the issues raised by the petition. If the Department, upon investigation, has reasonable cause to believe there is a sufficient dispute of relevant facts, it shall provide for a hearing and shall serve upon the employer involved, and upon any parties or employee organizations purporting to act as representative of any employees directly affected by the filing of a petition under 456 CMR 14.00, whether named in the petition or not, a notice of hearing before the Department at a time and place fixed therein. A copy of the petition shall be served with such notice of hearing.
(3) For the purpose of informing employees affected by the filing of a petition under 456 CMR 14.00, the employer shall post the notice of hearing and a copy of the petition in all conspicuous places where employees directly affected by the filing of a petition under 456 CMR 14.00 usually congregate and where notices to these employees are usually posted. Such notice shall remain posted until the Department issues a certification or dismisses the petition, or the petitioner withdraws its petition. If the employer customarily communicates to its employees via intranet or email, it shall also forward a copy of the notice and petition to all affected employees via those methods.
(4) The procedures specified in 456 CMR 13.04:
Interlocutory Appeals
, 13.08:
Motions
, 13.09:
Objections
, 13.10:
Witnesses
, 13.11:
Stipulations of Fact
, 13.14:
Subpoenas
and 13.16:
Reopening of Hearings
and the following procedures shall apply to all hearings conducted under 456 CMR 14.08:
(a) Subject to 456 CMR 14.08(4)(c), any party to the proceeding shall have the right to appear in person, by counsel or by other representative, to call, examine, and cross-examine witnesses and to offer documentary or other evidence in to the record;
(b) Any hearing conducted under 456 CMR 14.08 shall be open to the public, except in extraordinary cases as the Department, in its discretion, may determine;
(c) The hearing officer shall have the right to inquire fully into the facts relevant to the issues raised by the petition and shall not be bound by the rules of evidence observed by the courts. The hearing officer shall have the authority to:
1. Administer oaths and affirmations;
2. Issue subpoenas;
3. Rule on motions to revoke or modify subpoenas;
4. Limit examination and cross-examination of each witness to one representative per party;
5. Hold conferences for the settlement or clarification of the issues;
6. Dispose of procedural motions or similar matters;
7. Require parties to identify prospective witnesses at least ten days prior to a scheduled hearing;
8. Call, question and cross-examine witnesses; introduce or require the parties to produce relevant documentary evidence; solicit stipulations from the parties; take administrative notice of evidence in related proceedings before the Department; and to exclude cumulative evidence;
9. Require the parties to submit pre-filed direct testimony;
10. Continue the hearing from day to day or otherwise continue the hearing consistent with any applicable case processing time guidelines.
(d) The parties shall be permitted to make oral arguments at the close of the hearing or may be permitted by the hearing officer to file written briefs within ten days after the close of the hearing. Requests for additional time to file briefs shall be granted only in extraordinary circumstances or to permit the parties an opportunity to obtain the recording of the hearing, provided that the time period for filing briefs, including any extensions that may be permitted, shall not exceed 21 days.