reglab/statecodes huggingface dataset:
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 21.06 - Mediator's Function

Current through Register 1525, July 5, 2024
(1) The function of a mediator is to assist employers and employee organizations in reaching a voluntary agreement. A mediator may hold separate or joint meetings for this purpose. The mediator shall consult with each party concerning the time, date, and place of each mediation session; however, the mediator shall make the final decision on scheduling.
(2) The mediator may order the parties to provide specific representatives authorized to enter into a collective bargaining agreement to be present at meetings held for the purpose of resolving the impasse and negotiating such an agreement.
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 21.07 - Public Access

Current through Register 1525, July 5, 2024
There shall be no public access to mediation sessions.
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 21.08 - Mediator's Report

Current through Register 1525, July 5, 2024
After concluding mediation, the staff or outside mediator shall report in writing to the Department the results of the efforts to resolve the impasse. The report is confidential and shall contain the following information:
(1) The names of the parties;
(2) A statement of the dates of the first contacts with both the employer and the employee organization;
(3) A brief description of the unresolved issues which existed at the beginning of the mediation effort;
(4) A statement of the issues that have been resolved through the mediation effort;
(5) A statement of the issues that are still unresolved, if any; and
(6) A recommendation as to whether the Director should invoke fact-finding.
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 21.09 - Designation of a Fact-finder

Current through Register 1525, July 5, 2024
(1)
Appointment by the Department
. If the mediator's report reveals that an impasse continues to exist, the Department shall send written notice to both parties informing them that mediation has not resolved the impasse and that the Department intends to act upon the Petition for Mediation and Fact-finding by appointing a fact-finder. Promptly thereafter, the Department shall initiate the process to appoint a fact-finder from its list of qualified individuals.
(2)
Selection by Alternative Means
. If the parties jointly agree to select the fact-finder in an alternative manner, they shall jointly inform the Department before the Department appoints a fact-finder, along with the selected fact-finder's name, address, and telephone number.
(3)
Letter of Appointment
. After a fact-finder has been selected or appointed, the Department shall promptly send a letter of appointment and a copy of the petition to the fact-finder, and a copy of the letter to both parties. The fact-finder shall promptly notify the Department whether the fact-finder accepts the appointment.
(4)
Disqualification or Withdrawal of the Fact-finder
. If the fact-finder has represented an employer or an employee organization within the last 12 months, the appointment shall be revoked by the Department. The fact-finder is required to disclose to the Department and the parties any circumstances likely to create a presumption of bias, or which the fact-finder believes might be disqualifying as an impartial fact-finder. Following such a disclosure, the Department shall revoke the fact-finder's appointment unless both parties waive this presumptive disqualification. If a fact-finder is disqualified, resigns, withdraws, or otherwise becomes unavailable from the fact-finding duties, the Department shall appoint another fact-finder in accordance with 456 CMR 21.09(1).
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 21.10 - Withdrawal of Fact-finding Petition

Current through Register 1525, July 5, 2024
A fact-finding petition may be withdrawn by the petitioning party in the case of a unilateral filing, or by agreement of both parties in the case of a joint filing, at any time prior to the appointment of a fact-finder. After the appointment of a fact-finder, a fact-finding petition may be withdrawn only by joint agreement of the parties. The parties shall compensate the fact-finder for such services performed in accordance with 456 CMR 21.17.
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 21.11 - Fact-finder's Responsibilities

Current through Register 1525, July 5, 2024
(1)
Authority
. The appointed fact-finder shall have the authority and responsibility for the conduct of the fact-finding proceedings, and shall have sole discretion in deciding any issues of procedure. The fact-finder shall immediately advise the Department if a work stoppage has occurred or is imminent.
(2)
Scheduling of Conferences and Hearings
. The fact-finder shall consult with each party concerning the time, date, and place of each meeting or hearing. The fact-finder shall make an effort to expedite the process. The fact-finder shall be the sole judge of scheduling, and the fact-finder's ruling as to time, date, place, adjournment, or continuance of any meeting or hearing shall be final and binding. Prior to any hearing, the fact-finder shall serve upon each party and the Department a written notice of the time, place, and date of such hearing.
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 21.12 - Mediation During Fact-finding

Current through Register 1525, July 5, 2024
(1)
Authority
. The fact-finder or mediator has the authority to mediate the dispute.
(2)
Report to the Department
. If the dispute is settled through mediation by the fact-finder, the fact-finder shall promptly notify the Department of the date and terms of the settlement.
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 21.13 - Hearing Before the Fact-finder, Subpoenas

Current through Register 1525, July 5, 2024
(1)
Proceeding in the Absence of a Party
. Fact-finding may proceed in the absence of a party who, after notice given in accordance with 456 CMR 21.11, fails to appear for a conference or hearing or to obtain a continuance. The fact-finder may choose not to base the report solely upon the presentation of the appearing party. If any party to the dispute fails to appear or to cooperate with the fact-finder, the fact-finder may determine what further evidence is required and may obtain and use any evidence deemed relevant by the fact-finder. The fact-finder shall disclose to the appearing party the evidence intended to be considered, and shall give the appearing party an opportunity to respond to such evidence.
(2)
Waiver of Fact-finding Hearing
. The parties may agree to waive the fact-finding hearing. The fact-finder is authorized to issue the report on the basis of the documents and stipulations submitted by the parties.
(3)
Representation
. Any party may be represented by counsel or other person of its choosing. Such counsel or representative has exclusive authority to present that party's case.
(4)
Third Party Intervention
. The fact-finder has authority to decide, in consultation with the parties, whether to permit third party intervenors to file any statements, memoranda, or briefs.
(5)
Order of Proceedings
. The fact-finder shall:
(a) Obtain from the parties a statement of the issues in dispute;
(b) Determine the order in which the parties present their cases. In the case of a unilateral petition, the petitioning party shall ordinarily present its case first;
(c) Afford each party a full and fair opportunity to present all relevant evidence;
(d) Rule on all objections.
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 21.14 - Fact-finding Report

Current through Register 1525, July 5, 2024
(1)
Form and Contents
. After the close of the hearing and the submission of briefs, if any, the fact-finder shall prepare, sign, and date a written fact-finding report. It shall include:
(a) A statement of the issue(s);
(b) The findings of fact regarding the issue(s);
(c) A statement of the recommendation for each issue;
(d) The rationale for the recommendation reached on each issue; and
(e) A summary cover sheet containing a complete statement as to the fact-finder's recommendations on all issues.
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 21.15 - Termination of Fact-finding

Current through Register 1525, July 5, 2024
Unless the parties agree otherwise, the fact-finder shall perform no further service in connection with the dispute once the fact-finding report and clarification, if any, have been served. If the fact-finder performs further service, the fact-finder shall keep the Department informed of any activities, and shall notify the Department promptly of any settlement of the dispute and of the terms of the settlement.
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 21.16 - Mediation after Fact-finding

Current through Register 1525, July 5, 2024
If the parties are unable to come to agreement after the receipt of the fact-finder's report, the Department may appoint a staff mediator to assist them in resolving the dispute.
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 21.17 - Compensation of Fact-finder

Current through Register 1525, July 5, 2024
The fact-finder shall be entitled to the compensation rate contained in the resume on file with the Department, for each day or portion thereof spent in hearing, preparation, and issuance of the fact-finder's report, including clarification, if any, and in mediation. The fact-finder shall also be entitled to reimbursement for necessary and ordinary expenses. The costs for fact-finding shall be equally divided between the parties unless they agree otherwise.
The fact-finder's bill showing the amount payable by each party must accompany the final fact-finding report. The fact-finder may submit interim bills to the parties in the course of the proceedings, and copies of such interim bills shall also be sent to the Department. The parties shall make payment directly to the fact-finder.
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 21.18 - Certification of Completion of the Collective Bargaining Process

Current through Register 1525, July 5, 2024
Either or both parties may request the Department to certify to the parties that the collective bargaining process, including mediation, fact-finding, or arbitration, if applicable, has been completed. If the Department determines that the dispute resolution mechanisms provided for in M.G.L. c. 150E, § 9 have been exhausted, it shall certify to the parties that the collective bargaining process has been completed.
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 21.19 - Voluntary Interest Arbitration

Current through Register 1525, July 5, 2024
Upon joint request of the parties, the Department shall administer any written agreement to enter into final and binding interest arbitration of a collective bargaining dispute.
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 21.20 - Private Sector Interest Mediation

Current through Register 1525, July 5, 2024
Upon request, the Department may appoint a mediator to assist in the resolution of a private sector interest mediation dispute.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 22.00 - Grievance Mediation in the Public And Private Sectors › Section 22.01 - Scope

Current through Register 1525, July 5, 2024
456 CMR 22.00 governs the procedures for mediation of grievances between parties whenever in their collective bargaining agreements or by submission they have provided for mediation through the Department. 456 CMR 22.00 applies to the mediation of grievances arising in the public sector pursuant to M.G.L. c. 150E, § 8, and in the private sector pursuant to M.G.L. c. 150.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 22.00 - Grievance Mediation in the Public And Private Sectors › Section 22.02 - Confidentiality

Current through Register 1525, July 5, 2024
A mediator, including an arbitrator acting in a mediatory capacity, 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 22.00 - Grievance Mediation in the Public And Private Sectors › Section 22.03 - Voluntary Grievance Mediation

Current through Register 1525, July 5, 2024
At any time, an employee organization and employer may request mediation assistance for problems arising from the interpretation or application of terms of a collective bargaining agreement. This includes preventive mediation prior to the filing of a grievance and grievance mediation. A party making such a request shall file a petition in accordance with 456 CMR 12.12:
Filing with the Department
.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 22.00 - Grievance Mediation in the Public And Private Sectors › Section 22.04 - Appointment of Mediator

Current through Register 1525, July 5, 2024
(1)
Appointment
. Upon receipt of the Petition for Grievance Mediation, the Department shall promptly ascertain whether the parties agree to grievance mediation. If the parties agree, the Department shall appoint a staff mediator. Alternatively, should the parties request an outside mediator, the Department shall assist them by providing a list from its panel of qualified individuals.
(2)
Fees
. The filing fee for a Petition for Grievance Mediation 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 shall be equally divided between the parties, unless they agree otherwise.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 22.00 - Grievance Mediation in the Public And Private Sectors › Section 22.05 - Mediator's Function

Current through Register 1525, July 5, 2024
The function of the mediator is to assist the parties in reaching a voluntary settlement of the dispute prior to grievance arbitration. A mediator may hold separate or joint conferences for this purpose. An agreement to mediate, however, shall not alter a scheduled arbitration date unless both parties agree to postpone the arbitration. Unless expressly agreed to in writing by the parties, at no time shall a grievance mediator also act as an arbitrator of the same case. A grievance mediator shall not discuss any aspect of the grievance mediation process with the appointed arbitrator.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 22.00 - Grievance Mediation in the Public And Private Sectors › Section 22.06 - Admissibility of Grievance Mediation in Arbitration

Current through Register 1525, July 5, 2024
No discussions, offers of compromise, or proposed settlements generated during grievance mediation shall be admissible as evidence in an arbitration proceeding.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 23.00 - Conduct of Grievance Arbitration Proceedings › Section 23.01 - Scope

Current through Register 1525, July 5, 2024
456 CMR 23.00 governs the procedure for the arbitration of grievances which arise during the life of a collective bargaining agreement wherein the parties have agreed upon the Department as the arbitration tribunal. 456 CMR 23.00 applies to the arbitration of grievances arising in either the private sector pursuant to M.G.L. c. 150 or the public sector pursuant to M.G.L. c. 150E, § 8.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 23.00 - Conduct of Grievance Arbitration Proceedings › Section 23.02 - Petition to Initiate Grievance Arbitration before the Department

Current through Register 1525, July 5, 2024
(1) An employer or an employee organization, or both, may petition the Department to initiate grievance arbitration as provided for in any collective bargaining agreement or other agreement between them. Pursuant to 456 CMR 22.03 through 22.06, at any time prior to the arbitration hearing, the parties may also jointly request the Department to appoint a mediator to aid them in resolving the grievance in advance of the arbitration proceeding.
(2) If the petition is being brought unilaterally, the petitioning party shall serve a copy of the petition on the principal representative of the other party in accordance with the provisions of 456 CMR 12.02:
Service: When Required
. The petition must state in the appropriate place that a copy of the petition has been served on the other party in accordance with 456 CMR 12.02. Failure to so state shall suspend the processing of the petition.
(3) The party or parties requesting grievance arbitration shall file the petition, signed and dated by the petitioning party or parties, and a copy of the pertinent collective bargaining agreement with the Department pursuant to 456 CMR 12.12:
Filing with the Department
.
(4)
Fee for Grievance Arbitration
. The filing fee for arbitration before the Department 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.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 23.00 - Conduct of Grievance Arbitration Proceedings › Section 23.03 - Appointment and Qualifications of the Arbitrator

Current through Register 1525, July 5, 2024
(1)
Appointment of a Single Neutral Arbitrator
. The Director may appoint a single neutral arbitrator from within the Department, who shall hear and determine the case.
(2)
Appointment of a Tripartite Board
. The Director may appoint a tripartite board to hear and determine grievance arbitration cases. The Director or a designee shall be the neutral member of this board. The other members shall include a representative of labor and a representative of employers of labor. Prior to appointing these representatives, the Director shall consult with the employee organization and employer involved in the case to determine whether they want a representative to sit on the case and, if so, who they recommend.
(3)
Disqualification or Withdrawal of the Arbitrator
. Prior to accepting an appointment, the neutral arbitrator is required to disclose to the Department any circumstances likely to create a presumption of bias, or which the arbitrator believes might disqualify the arbitrator from being impartial. If the arbitrator is disqualified or withdraws, the Department shall appoint another arbitrator in accordance with the provisions of 456 CMR 23.03(1) and (2).
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 23.00 - Conduct of Grievance Arbitration Proceedings › Section 23.04 - Scheduling of Arbitration Hearing by the Department; Continuances

Current through Register 1525, July 5, 2024
(1)
Scheduling
. Upon receipt of the petition, the Department shall serve upon each of the parties a written notice of the date and time of the hearing to be held at the offices of the Department. The notice shall be given reasonably in advance of the hearing. The Department shall make every effort to hold the hearing promptly after it receives the petition.
(2)
Continuances
. Where both parties request a continuance of the hearing to another time and date, the Department shall generally accept such requests. If one party requests a continuance of the hearing, the Department may for good cause shown and, where possible, after consultation with the other party, continue the hearing to another time and date, set at the discretion of the arbitrator or, if an arbitrator has not been appointed, the Director. Notice of a new hearing date and time shall be given in accordance with the provisions of 456 CMR 23.04(1).
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 23.00 - Conduct of Grievance Arbitration Proceedings › Section 23.05 - Issuance of Subpoenas

Current through Register 1525, July 5, 2024
(1) Any party may request the arbitrator to issue a subpoena to compel the attendance of witnesses or the production of documents. A request for a subpoena shall be allowed unless it is overbroad, oppressive, or otherwise legally defective, or is submitted to the arbitrator less than five days before the hearing date. The party requesting the subpoena shall be responsible for service of the subpoena.
(2)
(a) At or prior to the time at which the subpoena compels attendance, but not later than five days after service of the subpoena, any witness under subpoena may file a motion for revocation or modification of any subpoena by submitting a written motion to the arbitrator, or, if no arbitrator has been assigned, to the Director. The motion shall include a statement of the grounds for revocation or modification of the subpoena.
(b) Upon receipt of a motion for revocation or modification of a subpoena, the arbitrator or the Director, if no arbitrator has been assigned, shall rule upon the motion. Prior to such ruling, an investigation may be conducted. The Director may defer ruling on the motion pending designation of an arbitrator.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 23.00 - Conduct of Grievance Arbitration Proceedings › Section 23.06 - Withdrawal of Petition

Current through Register 1525, July 5, 2024
A petition to initiate grievance arbitration may be withdrawn at any time prior to the holding of the arbitration hearing by the petitioning party in the case of a unilateral filing, or by agreement of both parties in the case of a joint filing. Upon or after the holding of the arbitration hearing, the petition may be withdrawn only by joint agreement of the parties.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 23.00 - Conduct of Grievance Arbitration Proceedings › Section 23.07 - Arbitration Hearing before the Department

Current through Register 1525, July 5, 2024
(1)
Proceeding in the Absence of a Party
. Arbitration may proceed in the absence of a party who, after notice is given in accordance with 456 CMR 23.04(1), fails to appear or to obtain a continuance. The Department shall investigate the circumstances surrounding a party's failure to be present and, under extraordinary circumstances, may reopen the record to allow the introduction of additional evidence by the party who had failed to appear, subject to rebuttal by the appearing party.
(2)
Representation
. A party may be represented by counsel or other person of its choosing. Such counsel or representative has the exclusive authority to present that party's case.
(3)
Last Chance Grievance Mediation
. Directly preceding the scheduled arbitration hearing and upon agreement of the parties, a mediator may assist the parties in a final attempt to settle the grievance. The conduct of such mediation shall be governed by 456 CMR 22.03 through 22.06.
(4)
Conduct of Proceedings
. The arbitrator shall have the authority and responsibility for the conduct of the arbitration proceedings and shall have sole discretion in deciding any issues of procedure. The arbitrator shall:
(a) Attempt to obtain from the parties a joint statement of the issue(s) in dispute, and shall unilaterally frame the issue if the parties do not agree;
(b) Determine the order of presentation;
(c) Record the date, time, and place of each hearing, and the names of the counsel or representatives and of all others present;
(d) Administer oaths or affirmations;
(e) Afford each party a full and fair opportunity to present relevant evidence and argument;
(f) Require the parties to submit additional evidence that the arbitrator deems necessary to an understanding and determination of the dispute;
(g) Rule on the admissibility of evidence; and (h) Rule on all objections.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 23.00 - Conduct of Grievance Arbitration Proceedings › Section 23.08 - Clarification, Modification, or Correction of the Award

Current through Register 1525, July 5, 2024
(1)
Standards
.
(a)
Clarification
. The arbitrator may clarify the award if it is so indefinite or incomplete that it cannot be performed.
(b)
Modification or Correction
. The arbitrator may modify or correct the award if there is: an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in an award; or if the award is imperfect in a matter of form not affecting the merits of the controversy.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 23.00 - Conduct of Grievance Arbitration Proceedings › Section 23.09 - Publication of Award and Opinion

Current through Register 1525, July 5, 2024
The award and opinion of the arbitrator shall be treated as a public record and after issuance shall be open to public inspection. The Department may have its awards and opinions published unless either party to the proceeding gives written notice to the Department within 30 days of the award that it does not wish to have such award and opinion published.
Code of Massachusetts Regulations › 456 CMR - DEPARTMENT OF LABOR RELATIONS › Title 456 CMR 23.00 - Conduct of Grievance Arbitration Proceedings › Section 23.10 - Request for Arbitration before Outside Arbitrator

Current through Register 1525, July 5, 2024
The Department shall appoint an outside arbitrator from its list of qualified individuals if so specified in the collective bargaining agreement. The arbitrator so designated should conduct the arbitration proceedings and render an award in accordance with 456 CMR 23.00. The compensation of an outside arbitrator shall be in accordance with the requirements of 456 CMR 21.17:
Compensation of the Fact Finder
.
Code of Massachusetts Regulations › 458 CMR - DEPARTMENT OF FAMILY AND MEDICAL LEAVE › Title 458 CMR 2.00 - Family and Medical Leave › Section 2.01 - Purpose, Scope, and Other General Provisions

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 458 CMR
			 2.00 clarifies procedures, practices, and policies in
			 the administration and enforcement of the Family and Medical Leave Law, M.G.L.
			 c. 175M.
(2)
Scope
.
			 458 CMR
			 2.00 applies to Massachusetts employers and covered
			 business entities and to Massachusetts covered individuals, including employees
			 and self-employed individuals who elect coverage, who are eligible for family
			 and medical leave benefits pursuant to the provisions of M.G.L. c. 175M.
Under
				458 CMR
				2.00, an employer or covered business entity shall be
				considered a Massachusetts employer or covered business entity with respect to
				services performed by a covered individual for the employer or covered business
				entity, and a covered individual shall be considered a Massachusetts covered
				individual with respect to all services provided within, or both within and
				without Massachusetts for an employer or covered business entity, if:
(a) the service performed is localized in
			 Massachusetts. Service shall be deemed to be localized within Massachusetts if
			 the service is performed entirely within Massachusetts, or the service is
			 performed both within and without Massachusetts, but the service performed
			 without Massachusetts is incidental to the individual's service within
			 Massachusetts; for example, the service is temporary or transitory in nature,
			 or consists of isolated transactions.
(b) the service is not localized in any
			 state, but some part of the service is performed in Massachusetts; and
1. the individual's base of operations is in
			 Massachusetts or, if there is no base of operations, then the place from which
			 such service is directed or controlled, is within Massachusetts; or
2. the individual's base of operations or
			 place from which such service is directed or controlled is not in any state in
			 which some part of the service is performed, but the individual's residence is
			 in Massachusetts.
Code of Massachusetts Regulations › 458 CMR - DEPARTMENT OF FAMILY AND MEDICAL LEAVE › Title 458 CMR 2.00 - Family and Medical Leave › Section 2.03 - Covered Business Entities and Covered Contract Workers

Current through Register 1525, July 5, 2024
A business or trade shall annually determine if it is a covered business entity by the following method:
(1) The business or trade shall count the total number of self-employed individuals with whom the business or trade contracted for services during each pay period in the previous calendar year and was required to report the payment for such services on IRS Form 1099-MISC.
(2) The business or trade shall then calculate its total workforce by adding the number of self-employed individuals counted in 458 CMR 2.03(1) to the total number of employees, including full time, part-time, and seasonal employees, that the business or trade employed during each pay period in the previous calendar year.
(3) If the number calculated in 458 CMR 2.03(1) is greater than 50% of the number calculated in 458 CMR 2.03(2), then, for the following calendar year, the business or trade is a covered business entity, and the self-employed individuals who contract with the trade or business are covered contract workers.
(4) Notwithstanding the requirements set forth in 458 CMR 2.03(1) through (3), self-employed individuals or covered contract workers properly classified in accordance with M.G.L. c. 151 A, § 2 are not considered part of an employer's workforce.
Code of Massachusetts Regulations › 458 CMR - DEPARTMENT OF FAMILY AND MEDICAL LEAVE › Title 458 CMR 2.00 - Family and Medical Leave › Section 2.04 - Registration and Filing

Current through Register 1525, July 5, 2024
(1)
Registration
. An employer, covered business entity, and any self-employed individual who elects coverage under 458 CMR 2.06 shall remit contributions owed under 458 CMR 2.05 through the Massachusetts Department of Revenue's MassTaxConnect system. Employers and covered business entities shall likewise file employment and wage detail reports through the MassTaxConnect system. Employers, covered business entities, and self-employed individuals who elect coverage and who do not have preexisting accounts on the MassTaxConnect system shall register and establish an account in order to make filings and remit contributions required under M.G.L. c. 175M, and 458 CMR 2.00.
(2)
Quarterly Filing and Contribution Payment
. Following the end of each calendar quarter, every employer and covered business entity and any self-employed individual who has elected coverage shall file an employment and wage detail report and payment for their contribution through the MassTaxConnect system on or before the quarterly filing deadline established by the Massachusetts Department of Revenue.
(a) The employment and wage detail report shall contain the following information for each employee, covered contract worker, and self-employed individual electing coverage:
1. name;
2. Social Security Number or individual taxpayer identification number; and
3. wages paid or other earnings.
Code of Massachusetts Regulations › 458 CMR - DEPARTMENT OF FAMILY AND MEDICAL LEAVE › Title 458 CMR 2.00 - Family and Medical Leave › Section 2.05 - Contributions

Current through Register 1525, July 5, 2024
(1)
Generally
.
(a) Contributions are the payments made to the Family and Employment Security Trust Fund established in M.G.L. c. 175M, § 7 by an employer, a covered business entity, an employee, a covered contract worker, or a self-employed individual electing coverage.
(b) Beginning on October 1, 2019, the initial contribution rate shall be 0.75% of all wages or other qualifying earnings or payments, as limited by 258 CMR 2.05(1)(c) and (d). Annually, not later than October 1st, the Director shall set the contribution rate for the upcoming calendar year, as required by M.G.L. c. 175M, § 7(e).
(c) Contributions shall not be required for covered individuals' wages or other qualifying earnings or payments above the contribution and base limit established annually by the federal Social Security Administration for purposes of the Federal Old-age, Survivors, and Disability Insurance program limits pursuant to  42 U.S.C. 430.
(d) An employer or covered business entity with an average total workforce in Massachusetts of fewer than 25 persons, including employees and covered contract workers, as determined by the method specified in 458 CMR 2.05(2), shall not be required to pay the employer portion of premiums for family and medical leave, as defined in 458 CMR 2.05(5).
Code of Massachusetts Regulations › 458 CMR - DEPARTMENT OF FAMILY AND MEDICAL LEAVE › Title 458 CMR 2.00 - Family and Medical Leave › Section 2.07 - Application for Exemption Due to Approved Private Plan

Current through Register 1525, July 5, 2024
(1)
Application
. An employer or covered business entity may apply to the Department for an exemption from certain obligations under M.G.L. c. 175M by demonstrating that it offers paid family and/or medical leave benefits to covered individuals in its workforce through a private plan. An employer or covered business entity seeking an exemption must submit a Request for Exemption through the Massachusetts Department of Revenue's MassTaxConnect system. Employers and covered business entities seeking an exemption that do not have preexisting accounts on the MassTaxConnect system shall register and establish an account in order to request an exemption.
(a)
Partial Exemptions
.
1. An employer or covered business entity may apply for exemption from the requirement to make contributions for medical leave coverage, family leave coverage, or both.
2. An employer or covered business entity may not apply for an exemption on behalf of only a portion of its covered workforce. All employees and covered contract workers and former employees under M.G.L. c. 175M must be included in the employer's or covered business entity's private plan in order to be approved for an exemption.
Code of Massachusetts Regulations › 458 CMR - DEPARTMENT OF FAMILY AND MEDICAL LEAVE › Title 458 CMR 2.00 - Family and Medical Leave › Section 2.09 - Determinations by the Department

Current through Register 1525, July 5, 2024
(1) Except as limited by 458 CMR 2.12, the Department may approve a paid leave benefit for a qualifying reason for a period of family or medical leave stated in 458 CMR 2.08(8)(a) through (f).
(2)
Application for Benefits Determination
. The Department shall consider the following when making a determination on an application for benefits:
(a) confirmation that the covered individual provided the required notice pursuant to 458 CMR 2.08(2)(a);
(b) the financial eligibility test described in 458 CMR 2.02;
(c) certification, as required by M.G.L. c. 175M, § 5, including a certification by a health care provider, supporting the necessity for leave;
(d) whether the covered individual's request for family or medical leave associated with the application for benefits was approved or denied by the employer or covered business entity and the reason(s) for the approval or denial;
(e) whether the covered individual has actually taken or plans to take the leave associated with the application for benefits; and
(f) any other relevant information deemed necessary by the Director.
Code of Massachusetts Regulations › 458 CMR - DEPARTMENT OF FAMILY AND MEDICAL LEAVE › Title 458 CMR 2.00 - Family and Medical Leave › Section 2.12 - Weekly Benefit Amount from the Department

Current through Register 1525, July 5, 2024
(1) The weekly benefit amount for covered individuals on family or medical leave is calculated on the individual's average weekly wage at the time of the filing of a request for leave in 458 CMR 2.08, which is determined by the individual's earnings in the base period as reported to the Massachusetts Department of Revenue pursuant to 458 CMR 2.04 and 2.05. The weekly benefit amount shall not change during the term of the approved leave period subject to a pro-rated or reduced benefit amount as described in 458 CMR 2.12(5) and (6).
(2)
Calculation
. Subject to the limitations described in 458 CMR 2.12(2) through (6), a covered individual's weekly benefit amount shall be calculated for a family or medical leave from an individual employer or covered business entity as follows:
(a) The portion of an individual's average weekly wage that is equal to or less than 50% of the state average weekly wage shall be replaced at a rate of 80%; and
(b) The portion of an individual's average weekly wage that is more than 50% of the state average weekly wage shall be replaced at a rate of 50%.
Code of Massachusetts Regulations › 458 CMR - DEPARTMENT OF FAMILY AND MEDICAL LEAVE › Title 458 CMR 2.00 - Family and Medical Leave › Section 2.13 - Intermittent Leave and Reduced Leave Schedules

Current through Register 1525, July 5, 2024
(1)
Generally
. A covered individual may take family or medical leave on an intermittent or reduced leave schedule, as follows:
(a) For family leave to bond with a child during the first 12 months after the child's birth, adoption, or foster care placement, leave may be taken on an intermittent or reduced leave schedule only if the employer or covered business entity and employee or covered contract worker mutually agree.
(b) For family leave to care for a family member's serious health condition, to care for a family member who is a covered service member, leave may be taken on an intermittent or reduced leave schedule if the health care provider determines it is medically necessary.
(c) For family leave due to a qualifying exigency arising out of a family member's active duty or impending call to active duty in the Armed Forces, leave may be taken on an intermittent or reduced leave schedule.
(d) For medical leave due to a covered individual's own serious health condition, intermittent leave may be taken if medically necessary. An employee or covered contract worker shall advise the employer or covered business entity, upon request, of the reasons why the intermittent/reduced leave schedule is necessary and of the schedule for treatment, if applicable. The employee or covered contract worker and employer or covered business entity shall attempt to work out a schedule for such leave that meets the individual's needs without unduly disrupting the employer or covered business entity's operations, subject to the approval of the health care provider.
(e) Self-employed individuals who have elected coverage and former employees may take leave intermittently or on a reduced leave schedule.
Code of Massachusetts Regulations › 458 CMR - DEPARTMENT OF FAMILY AND MEDICAL LEAVE › Title 458 CMR 2.00 - Family and Medical Leave › Section 2.15 - Attestations and False Statements

Current through Register 1525, July 5, 2024
Individuals applying for benefits or seeking to amend or extend
				an approved application for benefits shall attest to the truthfulness of all
				statements and submissions made to the Department. An individual shall not be
				eligible to receive family or medical leave benefits if the Department finds by
				a preponderance of the evidence that the individual willfully made a false
				statement or representation or willfully withheld a material fact in order to
				obtain benefits.
In determining whether an individual willfully made false
				statements, the Department will consider the nature and cause of the false
				statement and the capacity of the particular individual to recognize the error
				resulting in the false statement. Factors considered shall include the
				individual's age and intelligence as well as any physical, mental, educational,
				or linguistic limitation, including lack of facility with the English language.
				A good faith mistake of fact by the individual in the filing of an application
				for benefits does not constitute willfulness. A false statement shall be
				considered willful if the individual:
(1) furnishes information that the individual
			 knew, or reasonably should have known, to be incorrect;
(2) fails to furnish information that the
			 individual knew or reasonably should have known to be material; or
(3) accepts a payment that the individual
			 knew, or reasonably should have known that the individual was not entitled to
			 receive.
If the Department finds that an individual received benefits on
				the basis of a false statement, it may require the individual to repay to the
				Trust Fund any benefits received. Employees who have been determined to have
				received benefits on the basis of a false statement shall not receive the
				protections and benefits of
				458
				CMR 2.16(1) through
				(3).
Code of Massachusetts Regulations › 458 CMR - DEPARTMENT OF FAMILY AND MEDICAL LEAVE › Title 458 CMR 2.00 - Family and Medical Leave › Section 2.17 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				458 CMR
				2.00 or the application of any provision of
				458 CMR
				2.00 to any person or circumstance is finally held
				invalid by a court of competent jurisdiction, the validity of the remainder of
				458 CMR
				2.00 shall not be affected.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 2.00 - SAFE ROADS › Section 2.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 501 CMR 2.00 is to establish rules and
			regulations regarding satisfactory methods, techniques and criteria for breath
			and blood tests of those persons who have been arrested for operating a motor
			vehicle while under the influence of intoxicating liquor or a related offense.
			It also establishes a statewide training and certification program for all
			operators of breath test devices and a certification program of breath test
			devices in accordance with M.G.L. c. 90, § 24K. 501 CMR 2.00 does not
			apply to portable breath test devices used to conduct pre-arrest screening.
			Additionally, certification of blood test analysts is
			addressed.
Code of Massachusetts Regulations › 501 CMR - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY › Title 501 CMR 2.00 - SAFE ROADS › Section 2.02 - Definitions

Current through Register 1525, July 5, 2024
Adequate Breath Sample
: a sample of
			breath that when delivered is sufficient for analysis by an approved breath
			test device.
Arrestee
: a person who has been
			arrested for operating a motor vehicle while under the influence of
			intoxicating liquor or a related offense.
Assistant Director
: The Deputy
			Director of the Forensic Chemistry Section with the Massachusetts Department of
			State Police Crime Laboratory, who shall be appointed by the Colonel.
Blood Alcohol Content (BAC)
: the
			number of grams of alcohol per 100 milliliters of blood; or the number of grams
			of alcohol per 210 liters of breath. Breath alcohol content is also known as
			blood alcohol concentration, blood alcohol level and BAC.
Blood Test Analyst (BTA)
: a Forensic
			Scientist of the Massachusetts Department of State Police Crime Laboratory who
			performs blood alcohol analysis.
Breath Test Device
: an instrument and
			its components, used as a confirmatory test, that complies with M.G.L. c. 90,
			§ 24K, that is capable of quantifying the amount of alcohol in a breath
			sample or Control standard.
Breath Test Instructor (BTI)
: a breath
			test operator who has completed the uniform statewide instructor training
			program.
Breath Test Operator (BTO)
: a
			designated individual who has completed the uniform statewide training and
			certification program. Only a certified breath test operator can administer a
			breath test.
Colonel
: the Colonel of the
			Massachusetts Department of State Police.
Committee
: the Municipal Police
			Training Committee.
Control Standard
: a sample of known
			alcohol concentration used to demonstrate the breath test device is operating
			properly.
Cylinder
: the component that contains
			a known alcohol concentration in gaseous state.
Director
: the Director of the
			Massachusetts Department of State Police Crime Laboratory, who shall be
			appointed by the Colonel.
Officer in Charge (OIC)
: a breath test
			operator responsible for maintaining the breath test device and breath test
			documentation. The Officer in Charge is the keeper of the breath test records
			for instruments assigned to his or her individual department or
			barracks.
The State Police Academy (SPA)
: the
			statewide training facility for the Massachusetts Department of State
			Police.