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456 Code of Massachusetts Regulations (CMR) |
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2.00: ADMINISTRATION OF THE LABOR RELATIONS LAW: M.G.L. c. 150A
Days shall mean calendar days, including Saturdays, Sundays and legal holidays. Hearing Officers shall mean the Commission member or agent designated to preside at a hearing. Law. The term "Law" as used herein shall mean the State Labor Relations Law (M.G.L. c. 150A). The terms "person", "employer", "employee, representatives," "labor organizations," "unfair labor practice," and "Commission" as used herein, shall have the meanings set forth in M.G.L. c.150A, s. 2, as amended. Party as used herein in connection with the proceedings under M.G.L. c. 150A, s. 6, shall mean the respondent to the charge, the charging party and any other persons, labor organizations, or entities whose intervention in the proceedings has been permitted by the Commission. The term "party" as used herein in connection with proceedings under M.G.L. c. 150A, s. 5, shall mean the employer, or employers, the person or organization designated in the notice of hearing and served therewith, the petitioner and any other person, labor organization, or entity whose intervention has been permitted by the Commission, except as limited by the Commission in granting such permission. Showing of Interest shall mean the percentage, established by 456 CMR 14.05, of employees in an alleged appropriate bargaining unit, or a unit determined to be appropriate, who have designated an employee organization as their exclusive representative or have signed a petition seeking decertification of an incumbent employee organization. Such designations shall consist of authorization cards or petitions, signed and dated by employees, authorizing the named employee organization to represent such employees for the purpose of collective bargaining; current dues deductions; or evidence approved by the Commission. The provisions of 456 CMR 12.00 are applicable to all proceedings under 456 CMR 2.00. The provisions of 456 CMR 13.00 are applicable to all proceedings under this chapter, except that any party seeking review of a decision of a hearing officer may file an original and four copies of a supplementary statement pursuant to 456 CMR 13.15(4). 2.04: Questions of Representation The provisions of 456 CMR 14.00, except 456 CMR 14.06(1), and 456 CMR 14.07, are applicable to all proceedings under M.G.L. c. 150A, s.s. 5 and 5A except that all references to M.G.L. c. 150E, s. 4 in 456 CMR 14.00 shall be considered references to M.G.L. c. 150A, s.s. 5 or 5A. Moreover, except for good cause shown, no petition filed under the provisions of M.G.L. c. 150A, s.s. 5 or 5A, and no petition filed pursuant to 456 CMR 14.15 seeking to alter the composition or scope of a unit during the term of an existing valid collective bargaining agreement, shall be entertained unless such petition is filed no more than 90 days and no fewer than 60 days prior to the termination date of said agreement. A petition to alter the composition or scope of an existing unit by adding or deleting job classifications which have been created or whose duties have been substantially changed since the effective date of the collective bargaining agreement may be entertained at other times. No collective bargaining agreement shall operate as a bar for a period of more than three years. The provisions of 456 CMR 15.00 (except 15.03), 456 CMR 16.06 and 456 CMR 16.08 are applicable to all proceedings under M.G.L. c. 150A, s. 6 except that all references to M.G.L. c. 150E, s. 10 shall be considered references to M.G.L. c. 150A, s.s. 4, 4A, 4B, and 4C, and all references to M.G.L. c. 150E shall be considered references to M.G.L. c. 150A. 2.06: Time Limit for Filing Charges (1) Fifteen day limit - M.G.L. c. 150A, s. 6A charges. Any employee required to maintain union membership as a condition of employment who files a charge pursuant to M.G.L. c. 150A, s. 6A, must file such charge not more than 15 days after notice that the union has requested the employee's discharge or other adverse action for failure to maintain union membership. (2) Six month limit - all other charges. Except for good cause shown, no charge alleging a violation of other provisions of M.G.L. c. 150A shall be entertained by the Commission based upon any prohibited practice occurring more than six months prior to the filing of the charges with the Commission. 2.07: Designation of Agents of the Commission The provisions of 456 CMR 18.00 are applicable to all proceedings under this chapter, except that all references to M.G.L. c. 150E shall be considered references to M.G.L. c. 150A. 2.08: Construction of Rules and Amendments 456 CMR 2.00 shall be liberally construed to effectuate the purposes and provisions of M.G.L. c. 150A. |
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