reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.19 - Certification by Written Majority Authorization

Current through Register 1525, July 5, 2024
(1) In initiating a Petition for Certification by Written Majority Authorization, the employee organization shall file with the Department a petition, on a form approved by the Department, containing the following information:
(a) The correct name, address, and affiliation of the employee organization and the name and address of its representative designated for the purpose of collective bargaining;
(b) The correct name and address of the employer and, where known, the name and address of its representative designated for the purpose of collective bargaining;
(c) A full description of the bargaining unit claimed to be appropriate, including job titles, the approximate number of employees, and whether the petitioned-for bargaining unit contains professional employees, non-professional employees, or both (the petitioning employee organization shall indicate which employees it believes are professional employees);
(d) A statement that the bargaining unit claimed to be appropriate complies with all the provisions of M.G.L. 150E, § 3 and 456 CMR 14.07;
(e) A statement that the employee organization has received written majority authorization evidence, as described in 456 CMR 14.19(2) and (3), from a majority of the employees in the proposed appropriate bargaining unit;
(f) A statement that no other employee organization has been and currently is lawfully recognized as the exclusive representative of the employees in the appropriate bargaining unit;
(g) A statement that the employee organization is in compliance with M.G.L. c. 150E, §§ 13 and 14; and
(h) Any other relevant facts that may be required by the Department.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.20 - Bars to Petitions for Certification by Written Majority Authorization

Current through Register 1525, July 5, 2024
(1)
Withdrawal Bar
. Except for good cause shown, no Petition for Certification by Written Majority Authorization shall be entertained in a same or similar bargaining unit within which, after the selection or designation of a neutral, but before the verification process, the petitioner withdrew from a prior Petition for Certification by Written Majority Authorization, or withdrew a petition filed under the provisions of M.G.L. c. 150E, § 4, within the preceding six months.
(2)
Verification/Election Year Bar
. Except for good cause shown, no Petition for Certification by Written Majority Authorization shall be entertained in a same or similar bargaining unit within which a neutral has conducted a written majority authorization verification process in the preceding 12 months, or within which a valid election has been held in the preceding 12 months.
(3)
Certification Year Bar
. Except for good cause shown, no Petition for Certification by Written Majority Authorization shall be entertained in a same or similar bargaining unit represented by a bargaining representative certified through the written majority authorization process or a valid election process in which the Department has issued a certification within the preceding 12 months.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 14.00 - Questions of Representation › Section 14.21 - Intervention in Written Majority Authorization Cases

Current through Register 1525, July 5, 2024
Intervention shall not be permitted in written majority authorization cases. Before the Department issues a certification, Petitions for Certification by Written Majority Authorization shall be dismissed and the Department shall investigate questions of representation pursuant to M.G.L. c. 150E, § 4 under the following circumstances:
(a) If an employee organization files a representation petition for the same or a similar bargaining unit to the one described in a pending Petition for Certification by Written Majority Authorization;
(b) If an employee organization files a Petition for Certification by Written Majority Authorization for the same or a similar bargaining unit to the one described in a pending representation petition; or
(c) If an employee organization files a Petition for Certification by Written Majority Authorization for the same or a similar bargaining unit to the one described in a pending Petition for Certification by Written Majority Authorization.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 15.00 - Investigations › Section 15.01 - Charges

Current through Register 1525, July 5, 2024
(1) A charge filed under 456 CMR 15.00 shall be in the form prescribed by the Department.
(2) A charge of prohibited practice as defined in M.G.L. c. 150E, §§ 10(a) and (b) may be made by any individual, employer, employee or employee organization.
(3) A charge made under 456 CMR 15.00 shall be in writing and signed by the charging party and shall contain a declaration by the signatory, under the penalties of perjury, that its contents are true and correct to the best of his or her knowledge and belief.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 15.00 - Investigations › Section 15.02 - Contents of Charge

Current through Register 1525, July 5, 2024
A charge made under 456 CMR 15.00 shall contain the following:
(1) The full name and address of the individual, employer, employee or employee organization making the charge and his or her official position, if any.
(2) The full name and principal place of business of the respondent.
(3) An enumeration of the subdivision of M.G.L. c. 150E alleged to have been violated and a clear and concise statement of all relevant facts that form the basis of the charge.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 15.00 - Investigations › Section 15.05 - Investigation

Current through Register 1525, July 5, 2024
(1) When a charge has been filed, the Director may assign the matter to an investigator. The investigator may issue an order dismissing the charge, deferring the charge to the pending grievance arbitration provisions of the collective bargaining agreement, referring any charge to one of the Department's mediators, or directing that a hearing take place.
(2) The investigator may refer charges involving police or fire fighters to the Joint Labor Management Committee, for such period of time as the Department shall determine in order to promote resolution of the issue.
(3) Unless the charge is dismissed, deferred, or referred, the investigator shall promptly meet with the parties, investigate whether settlement of the charge is possible, and clarify and narrow the issues before determining whether the charge will be forwarded to a hearing.
(4) The parties shall, at the discretion and direction of the investigator, electronically submit documentary exhibits to an investigation.
(5) The investigator may dismiss the charge without a hearing if the investigator finds no probable cause to believe that a prohibited practice has occurred or if the investigator otherwise determines that further proceedings would not effectuate the purposes of M.G.L. c. 150E.
(6) After such investigation, if the investigator determines that there is probable cause to believe that the charging party has committed a prohibited practice, the Department shall serve upon the parties a complaint and a notice of hearing.
(7) The Department may decline to issue a complaint or may withdraw any complaint issued unless it is satisfied that the charging party has made reasonable efforts to resolve the matter.
(8) No complaint shall be issued until the charging party has complied with the applicable provisions of M.G.L. c. 150E, §§ 13 and 14.
(9) If, after a charge has been filed, the investigator declines to issue a complaint, it shall so notify the parties in writing by a brief statement of the procedural or other ground for the dismissal. The charging party may obtain a review of the dismissal by filing a request therefor with the Board within ten days from the date of receipt of the dismissal. Within seven days of service of the request for review, any other party to the proceeding may file a response with the Board. The request shall contain a complete statement setting forth the facts and reasons upon which such request is based. Upon its own motion or upon good cause shown by any of the parties to the proceeding, the Department may extend the time for the filing of such request for review.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 15.00 - Investigations › Section 15.06 - Amendments

Current through Register 1525, July 5, 2024
(1) Before the receipt of any response to the charge by the respondent, any charge may be amended as of right. After the receipt of any response, the charge may only be amended with the permission of the Department.
(2) Within ten days after the Department issues a complaint, if the charging party believes that the complaint should be amended to correct an error or omission, the charging party shall file a motion to amend the complaint with the investigator who issued the complaint. After the hearing opens, the hearing officer may allow amendment of any complaint provided that such amendment is within the scope of the original complaint.
(3) Any complaint or amended complaint or any part thereof may be withdrawn by the Department any time prior to the issuance of an order based thereon and upon good cause shown.
(4) Any charge or amended charge or any part thereof may be withdrawn by the charging party prior to the issuance of a complaint. After a complaint has been issued the charge or amended charge may be withdrawn only with the permission of the Department.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 15.00 - Investigations › Section 15.07 - Answers

Current through Register 1525, July 5, 2024
(1) The respondent shall file an answer to a complaint or amended complaint within ten days from the date of service, unless otherwise notified by the Department. The respondent shall specifically admit, deny or explain each of the facts alleged in the complaint, unless the respondent is without knowledge, in which case the respondent shall so state, such statement shall operate as a denial. All allegations in the complaint not specifically denied or explained in the answer, unless the respondent has stated in the answer that it is without knowledge, shall be deemed by the Department to be admitted, unless good cause to the contrary is shown.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 15.00 - Investigations › Section 15.08 - Record

Current through Register 1525, July 5, 2024
The record of the investigation shall consist of the charge, the respondent's answer, evidence presented at the investigation, and any written submissions presented before, during, or after the investigation when allowed by the investigator.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 15.00 - Investigations › Section 15.09 - Expeditious Scheduling of Investigation

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 charge under 456 CMR 15.00, the charge that is the basis for such temporary relief or restraining order may be investigated expeditiously.
(2) For other good cause shown by a party in writing, the Department also may determine that a charge will be investigated expeditiously.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 15.00 - Investigations › Section 15.10 - Interim Bargaining Order

Current through Register 1525, July 5, 2024
(1) When it is alleged that a party has refused to bargain collectively in good faith with the exclusive representative in violation of M.G.L. c. 150E, § 10, and that such refusal is based upon a dispute involving the appropriateness of a bargaining unit, the Department shall, upon request, except for good cause shown, issue an interim order requiring the parties to bargain pending its determination of the dispute.
(2) When such interim order is issued, the Department shall hold a hearing on the complaint in a summary manner and shall speedily determine the issues.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 15.00 - Investigations › Section 15.11 - Blocking Charges

Current through Register 1525, July 5, 2024
(1) During the pendency of a petition filed pursuant to M.G.L. c. 150E, § 4 any party to the petition may file a motion with the Department requesting that a pending prohibited practice charge "block" the conduct of an election. Such motion shall include a complete statement of the reasons supporting such motion and evidence sufficient to establish probable cause to believe that:
(a) The conduct alleged in the prohibited practice charge has occurred;
(b) The alleged conduct violates M.G.L. c. 150E; and
(c) The alleged unlawful conduct may interfere with the conduct of a valid election.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 16.00 - Various Provisions of M.g.l. c. 150e › Section 16.01 - Filing of Contracts

Current through Register 1525, July 5, 2024
For the purpose of 456 CMR 16.00, any collective bargaining agreement that has been reduced to writing and executed by the employer and exclusive representative shall be deemed to have been filed with the Department, for the purposes of satisfying the provisions of M.G.L. c. 150E, § 7, when within 30 days of its execution and funding an exact copy of said agreement has been electronically filed with the Department in accordance with 456 CMR 12.12(7) by the employer, the exclusive representative, or any other person. Any filing in the form of a Memorandum of Agreement (MOA) executed by the employer and the exclusive representative must include an electronic copy of any prior contract or MOA that is altered or referenced by the MOA.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 16.00 - Various Provisions of M.g.l. c. 150e › Section 16.02 - Requests for Binding Arbitration

Current through Register 1525, July 5, 2024
(1) When a party requests the Department to order binding arbitration, pursuant to M.G.L. c. 150E, § 8, the party so requesting shall provide the Department the following information in writing:
(a) The full names and addresses of the employer and the employee organization involved.
(b) A clear and concise statement of the dispute concerning the interpretation or application of the applicable collective bargaining agreement. A copy of the grievance for which arbitration is requested must be submitted with the request, along with the date and disposition of the last step of the grievance procedure at which the grievance has been considered.
(c) A specific reference to the particular part or parts of the written agreement allegedly violated. A copy of the entire written agreement must be submitted with the request.
(d) Any other relevant facts which may be required in the request for binding arbitration forms issued by the Department.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 16.00 - Various Provisions of M.g.l. c. 150e › Section 16.03 - Strike Investigations

Current through Register 1525, July 5, 2024
(1) When an employer petitions the Department to investigate an alleged violation of M.G.L. c. 150E, § 9A(a), the employer shall include in the petition the following information:
(a) The name, address and telephone number of the employer, and its legal representative, if any.
(b) The names, addresses and telephone numbers, if known, of the employee organization and its officers or the public employees who are alleged to have violated or are about to violate the provisions of M.G.L. c. 150E, § 9A(a).
(c) The name, address and telephone number of counsel for the employee organization or public employees, if known.
(d) The place of employment of the public employee or employees and the services affected.
(e) A statement as to what facts cause the employer to believe that a strike has occurred or is about to occur or has been induced, encouraged or condoned by a public employee or employee organization.
(f) Any other relevant facts which may be of assistance to the Department.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 16.00 - Various Provisions of M.g.l. c. 150e › Section 16.04 - Petitions and Requests

Current through Register 1525, July 5, 2024
All petitions and requests filed with the Department under 456 CMR 16.00 shall be in writing and shall contain a declaration by the person signing it, under the penalties of perjury, that its contents are true to the best of that person's knowledge or belief.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 16.00 - Various Provisions of M.g.l. c. 150e › Section 16.05 - Compliance with M.G.L. c. 150E, Sections 13 and 14

Current through Register 1525, July 5, 2024
(1) For the purpose of 456 CMR 16.00, compliance with M.G.L. c. 150E, §§ 13 and 14 means that:
(a) An employee organization has electronically filed the information required by M.G.L. c. 150E, §§ 13 on an Employee Organization Information Report (Department-Form 1) or the equivalent thereof. The information provided shall include:
1. The full legal name of the employee organization, including any local or district;
2. The date of incorporation, if any;
3. The date of organization;
4. The full name of any organization affiliate, if any;
5. The name, mailing address, email address and telephone number of the secretary or other officer to whom notices may be sent;
6. A listing of all of the names, addresses, email addresses and annual salaries of all of the officers of the employee organization;
7. The type of employee organization filing the report;
8. The dates of the employee organization's fiscal year covered by the report;
9. The scale of the dues, initiation fees, fines and assessments to be charged to members and the scale or amount of any agency service fee to be charged to non-members;
10. A listing of all current certifications and recognitions held by the employee organization including the name of the employer, the date of certification or recognition, a description of the bargaining unit, and the dates of the most recent contract;
11. A listing of all certifications and recognitions previously held by the employee organization for which the employee organization disclaimed interest during the reporting period, including the name of the employer, the date of certification or recognition, a description of the bargaining unit, and the effective date of the disclaimer; and
12. A statement of purpose.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 16.00 - Various Provisions of M.g.l. c. 150e › Section 16.06 - Advisory Rulings

Current through Register 1525, July 5, 2024
(1) Whenever a party to collective bargaining negotiations challenges the negotiability of a written proposal submitted to it by the opposing party, either party may petition the Department for an advisory ruling to determine whether the challenged proposal is within the scope of mandatory negotiations as defined in M.G.L. c. 150E, § 6. The party petitioning for an advisory ruling shall simultaneously serve one copy of the petition upon the respondent or the respondent's attorney or representative. The filing of a petition pursuant to 456 CMR 16.06 shall not affect either party's obligation to bargain under M.G.L. c. 150E.
(2) When a party files a petition for an advisory ruling, it shall provide the Department with the following information:
(a) The full name and address of the petitioner;
(b) The full name and address of the petitioner's attorney or representative;
(c) The name and address of the respondent;
(d) The name and address of the respondent's attorney or representative;
(e) The text of the disputed proposal;
(f) A concise statement as to what aspect of the disputed proposal has been challenged and the substance of the challenge;
(g) Whether the parties are in negotiations, mediation or fact finding; and
(h) Why an evidentiary hearing is not required.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 16.00 - Various Provisions of M.g.l. c. 150e › Section 16.07 - Rule-making Hearings

Current through Register 1525, July 5, 2024
Whenever, pursuant to the provisions of M.G.L. c. 23, § 9T(c) or c. 30A, a rule-making hearing is held by the Department, the following procedural rules apply to the extent required by M.G.L. c. 30A.
(1) The Department will provide public notice of the proposed rules as required by M.G.L. c. 30A. Persons desiring to be heard with respect to proposed standards, rules or regulations including employers, employee organizations and members of the public may appear at the designated time and place. A record of each such hearing will be kept.
(2) Interested parties may be required to submit written statements regarding proposed standards, rules or regulations and such questions as they may have in advance of the hearing date and the time for such questions and responses may be limited by the Department.
(3) Such questions as interested parties may have should be submitted in advance, whether or not the submitting party wishes to appear, because questions to witnesses may only be asked by the Department or its agents. The order of presentation at the hearing will be as follows:
(a) The Department shall present the proposed standards, rules or regulations and an explanation thereof.
(b) Persons requesting the opportunity to speak shall make such request to the Director five days before the hearing with an outline of the person's position. Such persons shall be afforded no more than 15 minutes to make an opening statement, in the order in which such requests are received by the Director. If, following the opening statements, any person requires additional time to present, the person's original request to the Director shall also include an estimation of the amount of time required and a justification therefor.
(c) Following the opening statements, persons who complied with the provisions of 456 CMR 16.07(3)(b) may be allowed additional time for a further presentation, at the discretion of the Department, in the order followed for the opening statements.
(d) Other persons who request to speak, prior to or during the course of the hearing, may do so subject to the availability of time and at the Department's discretion.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 16.00 - Various Provisions of M.g.l. c. 150e › Section 16.08 - Compliance with Enforcement of Department Orders

Current through Register 1525, July 5, 2024
(1) When a party petitions the Department to seek enforcement of any order issued by the Department, the party so requesting shall provide the Department the following information, in writing:
(a) The name and address of the party requesting enforcement;
(b) The name and address of the requesting party's attorney or representative, if any;
(c) The name and address of the party alleged to be in non-compliance with an order of the Department;
(d) The name and address of the alleged non-complying party's attorney or representative;
(e) The Department case number and text of the specific order or portion thereof which the requesting party claims has not been complied with; and
(f) A statement as to what facts cause the requesting party to believe that there has been non-compliance with the specific order described in 456 CMR 16.08(1)(e). Such statement shall be supported by affidavits made by individuals with personal knowledge, signed under the penalties of perjury.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 17.00 - Agency Service Fee › Section 17.01 - Scope

Current through Register 1525, July 5, 2024
The purpose of 456 CMR 17.00 is to implement the provisions of M.G.L. c. 150E, § 12. 456 CMR 17.00 shall be applicable only to proceedings arising under M.G.L. c. 150E, § 12.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 17.00 - Agency Service Fee › Section 17.02 - Ratification

Current through Register 1525, July 5, 2024
(1) No service fee shall be imposed unless the collective bargaining agreement requiring its payment as a condition of employment has been formally executed pursuant to a ratification vote of a majority of all employees casting valid votes in person at a meeting or meetings or by mail in a mail ballot ratification procedure.
(2) The ratification vote shall be taken by mail or at a meeting or meetings called by the exclusive bargaining agent. The right to vote by mail or in person at a meeting shall be extended to all employees in the bargaining unit covered by the proposed collective bargaining agreement. Ratification meetings shall be held at a reasonable time and place. Mail ballot ratifications shall be conducted in a manner calculated to ensure custody of the ballots and compliance with the public counting requirement of 456 CMR 17.02(3).
(3) The vote shall be publicly counted, and the majority of valid votes cast by mail or in person at a meeting or meetings shall prevail. If the collective bargaining agreement is ratified, the exclusive bargaining agent shall maintain a written record of the results of the vote until the expiration of said agreement.
(4) The exclusive bargaining agent shall maintain and make available for inspection by members of the bargaining unit, at reasonable times and places, a copy of its most recent financial report in the form of a balance sheet and operating statement listing all receipts and disbursements of the previous fiscal year as required by M.G.L. c. 150E, § 14.
(5) Notice of the ratification procedure shall be given by the exclusive bargaining agent in like manner to all employees in the bargaining unit at least five calendar days prior to the holding of the meeting(s) or the distribution of ballots to employees in a mail ratification unless extraordinary circumstances warrant notice of fewer than five days. The notice shall include the following information:
(a) The time and place of the meeting(s) or details of the mail ratification procedure;
(b) A statement that the proposed collective bargaining agreement, if ratified, shall require payment of a service fee as a condition of employment;
(c) The current amount of the service fee;
(d) A statement that all employees in the bargaining unit may attend and vote at the meeting(s) or by mail in a mail ballot ratification;
(e) A statement that all employees within the bargaining unit covered by the proposed agreement are eligible to vote;
(f) The full identity, including affiliations, of the exclusive bargaining agent; and
(g) A statement that the exclusive bargaining agent's most recent financial report in the form of a balance sheet and operating statements listing all receipts and disbursements of the previous financial year is available for inspection.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 17.00 - Agency Service Fee › Section 17.03 - Impermissible and Permissible Costs

Current through Register 1525, July 5, 2024
(1) Costs attributable to the following shall be deemed impermissible in computing a service fee:
(a) Expenditures for political candidates or political committees formed for a candidate or political party;
(b) Establishing and publicizing of an organizational preference for a candidate for political office;
(c) Lobbying or efforts to enact, defeat, repeal or amend legislation or regulations unrelated to wages, hours, standards of productivity and performance, and other terms and conditions of employment of employees represented by the exclusive bargaining agent or its affiliates;
(d) Expenditures for charitable, religious or ideological causes not germane to a bargaining agent's duties as the exclusive representative;
(e) Benefits and activities which are:
1. Not germane to the governance or duties of the exclusive bargaining agent, and
2. Available only to the members of the employee organization which is the exclusive bargaining agent;
(f) Fines, penalties or damages arising from the unlawful activities of the exclusive bargaining agent or the exclusive bargaining agent's officers, agents or members;
(g) Overhead and administrative costs allocable to any activity listed in 456 CMR 17.03(1)(a) through (f).
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 17.00 - Agency Service Fee › Section 17.04 - Demand for Payment of a Service Fee

Current through Register 1525, July 5, 2024
(1) An exclusive bargaining agent seeking payment of a service fee shall serve a written demand for the fee upon the employee from whom the fee is sought. The written demand shall include the amount of the service fee, the period for which the fee is assessed, the method by which payment is to be made, the person to whom payment should be made, and the consequences of a failure to pay the fee.
(2) An exclusive bargaining agent making a written demand pursuant to 456 CMR 17.04(1) shall also provide a copy of 456 CMR 17.00.
(3) No demand for payment of a service fee under 450 CMR 17.04 shall be made until the exclusive bargaining agent making the demand has complied with the applicable provisions of M.G.L. c. 150E, §§ 13 and 14.
(4) Any information that an exclusive bargaining agent may be required to provide as part of making a valid demand may be delivered electronically.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 17.00 - Agency Service Fee › Section 17.05 - Challenge of a Service Fee

Current through Register 1525, July 5, 2024
(1) Employees may challenge the validity or amount of a service fee by filing a prohibited practice charge with the Department.
(a)
Validity
shall mean whether there has been compliance with the provisions of 456 CMR 17.02 and 17.04.
(b)
Amount
shall mean whether some or all of the service fee demanded by an exclusive bargaining agent is impermissible under 456 CMR 17.03(1).
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 17.00 - Agency Service Fee › Section 17.06 - Escrow Account

Current through Register 1525, July 5, 2024
(1) An employee filing a charge contesting the amount of a service fee shall jointly establish and administer an escrow account with the employee's exclusive bargaining agent.
(2) The amount deposited in the escrow account must be equal to the full amount of the service fee for the disputed period of time, or equal to whatever amount remains in dispute after partial settlement between the employee and the exclusive bargaining agent seeking the fee.
(3) Except for good cause shown, the charging party shall file with the Department evidence of the establishment of an escrow account before the date of the Department's investigation of the charge pursuant to 456 CMR 17.08. Failure to submit such evidence may result in dismissal of the charge.
(4) Failure of the exclusive bargaining agent to cooperate in the establishment of the escrow account may waive its right to the establishment of the escrow account. If the exclusive bargaining agent waives its right to an escrow account, the charging party shall not be required to pay a service fee until the Department determines the fee due pursuant to 456 CMR 17.12.
(5) Until a final order is issued by a hearing officer or the Board, the charging party shall continue to pay into the escrow account as such sums become due an amount equal to the service fee, or equal to whatever amount remains in dispute after a partial settlement between the employee and exclusive bargaining agent.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 17.00 - Agency Service Fee › Section 17.07 - Deferral to Rebate Procedure

Current through Register 1525, July 5, 2024
At any time after the establishment of an escrow account pursuant to 456 CMR 17.06, the Department may defer to an exclusive bargaining agent's procedure for rebating impermissible expenses to members of the bargaining unit. In order for the Department to consider deferral, a rebate procedure must meet the following standards:
(1) Disputed amounts shall be placed in an escrow account during the pendency of the rebate proceedings;
(2) The exclusive bargaining agent shall establish the justification for the fee demanded;
(3) The exclusive bargaining agent shall make available to the dissenting employee the books and records on which the exclusive bargaining agent relies to justify the amount of the service fee demanded;
(4) The procedure shall provide for a hearing or similar proceeding before a neutral decision maker in order to determine impermissible and permissible costs used in determining the fee, in accordance with the standards set forth in 456 CMR 17.03;
(5) At any hearing or similar proceeding, the dissenting employee shall be entitled to a representative of her or his choice;
(6) The costs arising from the hearing before a neutral decision maker shall be borne by the exclusive bargaining agent; and
(7) The procedure shall not be unduly lengthy, cumbersome, or burdensome.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 17.00 - Agency Service Fee › Section 17.08 - Investigation

Current through Register 1525, July 5, 2024
(1) When a charge has been filed under 456 CMR 17.00, the Department shall conduct an investigation to ascertain whether there is probable cause to believe that the contested service fee is invalid under 456 CMR 17.02 or 17.04, or that the amount exceeds the non-member's
pro rata
share of the costs of collective bargaining and contract administration.
(2) Either at or before the investigation, the exclusive bargaining agent shall make available to the charging party the books and records on which the exclusive bargaining agent relies to justify the amount of the service fee demanded.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 17.00 - Agency Service Fee › Section 17.09 - Complaint

Current through Register 1525, July 5, 2024
(1) If, after investigation, there is probable cause to believe that the contested service fee is invalid under 456 CMR 17.02 or 17.04, or the amount of the service fee remains in dispute, the Department shall serve a written complaint upon the parties and shall conduct a hearing. The Department may decline to issue a complaint unless it is satisfied that the charging party has made reasonable efforts to resolve the matter.
(2) If, after investigation, the Department declines to issue a complaint, it shall notify the parties in writing by a brief statement of the procedural or other ground for its determination. The charging party may obtain a review of the decision not to issue a complaint by filing a request for review with the Department in accordance with 456 CMR 15.05(9).
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 17.00 - Agency Service Fee › Section 17.10 - Amendments

Current through Register 1525, July 5, 2024
(1) Upon its own motion, or upon the motion of any party, the Department may allow amendment of any complaint at any time prior to the issuance of a decision and order based thereon, provided that such amendment is within the scope of the original complaint.
(2) Any charge or amended charge filed, or any part thereof, may be withdrawn by the charging party prior to the issuance of a complaint.
(3) Any complaint or amended complaint, or any part thereof, may be withdrawn by the Department at any time prior to the issuance of an order based thereon and upon such terms as the Department may deem just and proper.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 17.00 - Agency Service Fee › Section 17.11 - Answers

Current through Register 1525, July 5, 2024
(1) The exclusive bargaining agent shall file an answer to a complaint within ten days from the date of service, unless otherwise notified by the Department. The exclusive bargaining agent shall specifically admit, deny or explain each of the facts alleged in the complaint, unless it is without knowledge, in which case it shall so state, such statement shall operate as a denial. All allegations in the complaint not specifically denied or explained in an answer filed, unless the exclusive bargaining agent has stated in the answer that it is without knowledge, shall be deemed by the Department to be admitted to be true and shall be so found by the Department, unless good cause to the contrary is shown.
(2) Upon its own initiative or upon proper cause shown by the exclusive bargaining agent, the Department may extend the time within which an answer shall be filed.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 17.00 - Agency Service Fee › Section 17.12 - Hearing and Final Determination

Current through Register 1525, July 5, 2024
The Department shall schedule a hearing pursuant to 456 CMR 13.00:
Conduct of Hearings
to make a final determination on the amount of the service fee. At least seven days before the hearing, the exclusive bargaining agent upon request shall make available to the charging party the books and records on which the exclusive bargaining agent relies to justify the amount of the service fee demanded.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 17.00 - Agency Service Fee › Section 17.13 - Record

Current through Register 1525, July 5, 2024
(1) The record in a hearing under 456 CMR 17.00 shall consist of the charge, the complaint, notice of hearing, answer, motions, rulings, orders, audio recording or stenographic transcription, stipulations, exhibits, documentary evidence and amendments to any of the foregoing.
(2) The record before the Board on review of a hearing officer's 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 17.00 - Agency Service Fee › Section 17.14 - Burden of Proof

Current through Register 1525, July 5, 2024
(1) When a complaint issued under 456 CMR 17.00 alleges that a service fee is invalid under 456 CMR 17.02 or 17.04, the burden of proof shall be on the charging party to establish the defects by a preponderance of the evidence.
(2) When a complaint issued under 456 CMR 17.00 alleges that part or all of the amount of a service fee is impermissible under 456 CMR 17.03, the burden of proof shall be on the exclusive bargaining agent to establish by a preponderance of the evidence that the contested amounts are permissible.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 17.00 - Agency Service Fee › Section 17.15 - Non payment of Fee

Current through Register 1525, July 5, 2024
(1) If an employee, after demand by the exclusive bargaining agent, refuses to pay the service fee in accordance with the requirements of a collective bargaining agreement, the exclusive bargaining agent may request the employee's termination or other sanction. The employer, after reasonable notice to the employee, shall terminate or otherwise sanction the employee pursuant to the collective bargaining agreement; provided, however, that no employee shall be terminated or otherwise sanctioned who has tendered the required service fee prior to the decision to terminate or otherwise sanction; and provided further that payment of a service fee shall not be required before the 30th day following the beginning of the employee's employment or the effective date of the collective bargaining agreement, whichever is later.
(2) No employee who has filed a charge with the Department and established an escrow account, if required under the provisions of 456 CMR 17.05 and 17.06, shall be terminated or otherwise sanctioned for failure to pay the service fee during the pendency of the charge before the Department and any related judicial appeal.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 18.00 - Designation of Department Agents › Section 18.01 - Department Agents

Current through Register 1525, July 5, 2024
The Director may designate any person the Department employs as its agent to conduct:
(1) Any inquiry necessary to the performance of the Department's functions;
(2) Any election as directed by the Department or designated agent thereof;
(3) Investigations, conferences or hearings as specified in 456 CMR 12.00:
General Provisions
, 13.00:
Conduct of Hearings
, 14.00:
Questions of Representation
, 15.00:
Investigations
, 16.00:
Various Provisions of M.G.L. c. 150E
, and 17.00:
Agency Service Fee
; and
(4) Conduct any election as directed by the Department or designated agent thereof.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 18.00 - Designation of Department Agents › Section 18.02 - Attorneys

Current through Register 1525, July 5, 2024
In addition to the functions described in 18.01, the Director may designate any attorney the Department employs as its agent to appear for and represent the Department in any case in court.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 18.00 - Designation of Department Agents › Section 18.03 - Special Designations

Current through Register 1525, July 5, 2024
The foregoing designations shall not be construed to limit the power of the Director to make other special designations as may, in the Director's discretion, be necessary or proper to effectuate the purposes of M.G.L. c. 150E and to appoint any attorneys, hearing officers or other persons as it may deem necessary for the proper performance of its duties as designated in M.G.L. c. 23 and c. 150E.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 20.00 - Construction of Rules, Amendment And Publication › Section 20.02 - Severability

Current through Register 1525, July 5, 2024
If any rule contained in 456 CMR should be declared invalid by final order or decree of a court of competent jurisdiction, such invalid provision or rule shall be severed and the validity of the remaining rules shall not be so affected.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 21.00 - Rules for Interest Mediation, Fact-finding And Interest Arbitration in Disputes Involving Public Employers and Public Employees; Private Sector Interest Mediation › Section 21.01 - Scope

Current through Register 1525, July 5, 2024
456 CMR 21.00 regulates the conduct of mediation and fact-finding proceedings in public employment, including state, county, municipal, and district government.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 21.00 - Rules for Interest Mediation, Fact-finding And Interest Arbitration in Disputes Involving Public Employers and Public Employees; Private Sector Interest Mediation › Section 21.02 - Confidentiality

Current through Register 1525, July 5, 2024
Any person acting as a mediator, including a fact finder or interest arbitrator, shall not be required by any administrative, arbitration, or non-criminal judicial tribunal to disclose any files, records, documents, notes, or other papers or be required to testify with regard to any information obtained while functioning in a mediatory capacity.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 21.00 - Rules for Interest Mediation, Fact-finding And Interest Arbitration in Disputes Involving Public Employers and Public Employees; Private Sector Interest Mediation › Section 21.03 - Initiation of Interest Mediation and Fact-finding

Current through Register 1525, July 5, 2024
(1)
Petition for Mediation and Fact-finding
. If a public employer and an employee organization have negotiated for a reasonable period of time and an impasse exists over one or more issues arising out of the negotiations, the public employer, the employee organization, or the parties jointly, may file a Petition for Mediation and Fact-finding with the Department, in accordance with 456 CMR 12.12:
Filing with the Department
.
(2)
Unilateral Petitions
. A petitioning party proceeding unilaterally shall serve the petition on the principal representative of the other party in accordance with 456 CMR 12.02:
Service: When Required
. The petition shall state in the appropriate place that a copy of the petition has been served on the other party in accordance with the requirements of 456 CMR 12.02. Failure to so state shall suspend the processing of the petition.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 21.00 - Rules for Interest Mediation, Fact-finding And Interest Arbitration in Disputes Involving Public Employers and Public Employees; Private Sector Interest Mediation › Section 21.04 - Voluntary Interest Mediation

Current through Register 1525, July 5, 2024
At any time during bargaining, whether or not a Petition for Mediation and Fact-finding has been filed, an employee organization and a public employer may jointly request mediation assistance in resolving a collective bargaining dispute. The Department shall provide mediators for this purpose.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 21.00 - Rules for Interest Mediation, Fact-finding And Interest Arbitration in Disputes Involving Public Employers and Public Employees; Private Sector Interest Mediation › Section 21.05 - Appointment of a Mediator

Current through Register 1525, July 5, 2024
(1)
Investigation
. Upon receipt of the petition, the Department shall commence an investigation to determine if the parties have negotiated for a reasonable period of time and if an impasse exists. If the Department determines that the parties are not at impasse, it shall notify the parties of this determination within ten days of the filing of the petition. Failure to notify the parties within ten days shall be deemed to mean that an impasse exists.
(2)
Appointment
. Within five days of the determination of an impasse, the Department shall promptly appoint a mediator to assist the parties in the resolution of the impasse.
(3)
Selection
. The mediator may be appointed from the Department's staff unless the parties have stated in the Petition for Mediation and Fact-finding that they jointly request that the Department appoint an outside mediator. If the parties request an outside mediator, they shall specify on the Petition for Mediation and Fact-finding the name, address, and telephone number of the person selected. The Department, in its discretion, may allow a joint request by the parties for the appointment of a particular staff mediator.
(4)
Disqualification or Withdrawal of the Mediator
. Prior to accepting an appointment, the mediator shall disclose to the Department any circumstances likely to create a presumption of bias, or which the mediator believes might disqualify him or her as an impartial mediator.
(5)
Fees
. The filing fee for a Petition for Mediation and Fact-finding filed pursuant to 456 CMR 21.03 or for Voluntary Interest Mediation filed pursuant to 456 CMR 21.04 is the amount established by 801 CMR 4.02:
Fees of Licenses, Permits, and Services to Be Charged by State Agencies
. The cost of the filing fee shall be equally divided between the parties. The cost of an outside mediator, selected by the parties, shall be equally divided between the parties unless the parties agree otherwise.