456 Code of Massachusetts Regulations (CMR)

12.01: Scope of Chapter

12.02: Service: When required

12.03: Intervention

12.04: Appearances

12.05: Right to Counsel

12.06: Postponements

12.07: Time: How computed

12.08: Contemptuous Conduct

12.09: Other Conferences

12.10: Settlement of Cases

12.11: Filing with the Commission

12.01:Scope of Chapter

The provisions of 456 CMR 12.00 are applicable to all proceedings before the Commission.

12.02:Service: When required

Except as otherwise provided in 456 CMR, all petitions and charges, every pleading subsequent to the original petition or charge, every written motion, every written notice, notice of change of attorney, appearance, demand, brief or memorandum of law, request for reconsideration, notice of appeal, supplementary statement and similar paper filed with the Commission shall be signed by the party or a representative of the party on whose behalf such paper is filed and shall be served upon each of the parties or their legal representative, if any. A certificate of service or other indication of service shall accompany such filing. Service upon each of the parties, or their legal representative, if any, shall be made at the same time as such document is filed with the Commission.

12.03:Intervention

Any employer, employee or employee organization desiring to intervene in any proceeding shall file with the Commission a motion in writing, or may move orally at the hearing, on the record, stating the grounds upon which such employee, employer or employee organization claims to be interested. Such written motion must be filed at or prior to the first day of hearing in any proceeding, except for good cause shown. The Commission shall rule upon all such motions but may defer ruling until the conclusion of the hearing. The Commission may permit intervention to such extent and upon such terms as it shall deem just.

12.04:Appearances

(1) Every representative or attorney representing a party shall enter an appearance with the Commission. Every party shall designate one representative or attorney for the purpose of receiving notice, pleadings or service of process.

(2) An appearance may be withdrawn only with the permission of the Commission. A request to the Commission to withdraw an appearance shall be made in writing, served upon both the party on whose behalf the representative or attorney has appeared and upon representatives of all other parties to the proceeding.

(3) The filing of an appearance shall not operate as a waiver to any challenge to the Commission's jurisdiction.

12.05:Right to Counsel

Any party to a proceeding shall have the right to appear at any conference, investigation or hearing, by counsel or by other representative.

12.06:Postponements

Requests for postponements of hearings, investigations or conferences scheduled by the Commission will not be granted unless good and sufficient cause is shown and the following requirements are met:

(1) The request must be in writing directed to the Executive Secretary, who may refer the request to the hearing officer assigned to the proceeding.

(2) The grounds for the request must be set forth in detail.

(3) The requesting party must specify alternate dates for rescheduling the hearing or conference.

(4) The position of all parties concerning both the postponement request and the proposed alternate dates must be ascertained in advance by the requesting party and set forth in the request.

(5) Copies of the request must be served contemporaneously on all parties and that fact must be noted on the request.

(6) The request must be signed by the person making it.

(7) For the purpose of 456 CMR 12.06, "good and sufficient cause" may include a showing to the satisfaction of the Commission or its agents that a postponement will result in settlement of the case.

(8) Except for good cause shown, no request for postponement will be granted on any of the three days immediately preceding the date of hearing, investigation or conference.

12.07:Time: How computed

(1) In computing any period of time prescribed or allowed by 456 CMR 12.00, the day of the act, event or default when the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the next day which is neither a Saturday, Sunday or legal holiday including Suffolk County legal holidays.

(2) Whenever a party has the right or is required to do some act within a prescribed period of time, if the Commission serves notice of such right or requirement by mail, the Commission shall presume that the party received notice thereof three days from the date of issuance of such notice. The presumption may be rebutted by evidence of later receipt.

12.08:Contemptuous Conduct

(1) Contemptuous conduct by any person at any hearing, conference or other proceeding before the Commission, a member or duly designated agent shall be grounds for exclusion from any hearing, conference or other proceeding held under 456 CMR 12.00. The refusal of a witness at a hearing to answer any question which has been ruled by the Commission, member or duly designated agent to be proper shall, in the discretion of the Commission, member or duly designated agent, be grounds for striking all testimony previously given by such witness on related matters.

(2) Contemptuous conduct by an attorney or representative appearing before the Commission or its designated agent may be grounds for immediate exclusion from the hearing, conference or other proceeding at which he or she is appearing, or may be grounds for suspension or debarment from practice before the Commission. Suspension or debarment determination, and the length thereof, shall be made by the Commission after due notice and a hearing, if requested in writing.

12.09:Other Conferences

Nothing under 456 CMR 12.00 shall be construed so as to prohibit or limit the Commission or any member or agent thereof from holding a conference or investigation at any time in connection with any matter pending before the Commission.

12.10:Settlement of Cases

The Commission or its agents may suggest settlement ideas to the parties at any time and may require the parties to participate in settlement conferences.

12.11:Filing with the Commission

(1) All pleadings, written motions, briefs or memoranda filed by any party in connection with any matter pending before the Commission shall be on paper measuring 8 1/2 inches in width and 11 inches in length.

(2) All pleadings, written motions, briefs and memoranda shall be typewritten and double spaced.

(3) An original and two copies of all pleadings, written motions, briefs or memoranda shall be filed with the Commission.

(4) All documents, including those permitted to be filed by facsimile transmission, shall be deemed filed upon receipt by the Commission. Any documents, including those permitted to be filed by facsimile transmission, received after 5:00 P.M. shall be deemed to be filed on the following business day.

(5) The Commission will permit the following documents to be filed by facsimile transmission:

(a) Requests for extentions of time for filing documents;

(b) Requests for continuances;

(c) Consent election agreements;

(d) Settlement agreements;

(e) Withdrawal notices.

Except for those documents listed above, the Commission will not accept any document requiring an original signature by facsimile. Those include, but are not limited to: prohibited labor practice charges, written investigation submissions, representation petitions, showings of interest, answers, requests for reconsideration, requests for review, notices of appeal, objections to elections, challenges to recommended findings of fact, requests for advisory opinions, strike investigation petitions, requests for binding arbitration, filings pursuant to M.G.L. c.150E, §§13 and 14, motions, briefs, and supplementary statements.