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11.00: DEFINITIONS
- 11.01: Law
- 11.02: Terms defined by Law
- 11.03: Party
- 11.04: Recognition
- 11.05: Showing of Interest
- 11.06: Days
- 11.07: Hearing Officer
- 11.08: Complaint, Charge
11.01:Law
- The term "Law" as used in 456 CMR 11.00,
12.00, 13.00,
14.00, 15.00,
16.00 or 17.00
shall mean
M.G.L. c.
150E.
11.02: Terms defined by Law
- The terms "board", "commission", "cost items", "employee" or
"public employee", "employee organization", "employer", "incremental
cost items" "legislative body", "professional employee" and "strike"
as used herein shall have the meaning as set forth in
M.G.L. c.
150E, s. 1. The term "appropriate bargaining unit" shall mean a
bargaining unit determined by the criteria set forth in
M.G.L. c.
150E, s. 3 or otherwise established by law. The term "prohibited
practice" as used herein shall have the meaning specified in
M.G.L. c.
150E, s. 10.
11.03: Party
- The term "party" as used herein shall mean any individual,
employer or employee organization participating in a matter before the
Commission either as a matter of right or as an intervenor under the
provisions of 456 CMR 12.03.
11.04: Recognition
- The term "recognition" shall mean written recognition by an
employer pursuant to 456 CMR 14.06(3)
of an employee organization designated by the majority of the
employees in an appropriate bargaining unit as the exclusive
representative of all the employees in such unit for the purpose of
collective bargaining.
11.05: Showing of Interest
The term "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:
(1) authorization cards or petitions, authorizing the named employee
organization to represent such employees for the purpose of collective
bargaining, provided that any such authorization cards or petitions are
signed and individually dated by employees within six-months of the
filing of a petition pursuant to 456 CMR 14.03.
- (2) authorization cards or petitions, stating that such employees
no longer wish to be represented by the named employee organization
for the purpose of collective bargaining, provided that any such
authorization cards or petitions are signed and individually dated by
employees within six-months of the filing of a petition pursuant to
456 CMR 14.04; or
(3) other evidence approved by the Commission.
11.06: Days
- The term "days" shall mean calendar days, including Saturdays,
Sundays and legal holidays.
11.07: Hearing Officer
- The term "hearing officer" shall mean the Commission member or
agent designated to preside at a hearing.
11.08: Complaint, Charge
- The term "complaint" as used in the first sentence only of
M.G.L. c.
150E, s. 11 shall hereinafter be referred to as a "charge".
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