Labor Relations Commission

(2) All petitions filed under 456 CMR 14.00 shall be in writing and shall contain a declaration by the person signing them, under the penalties of perjury, that the contents are true and correct to the best of the signer's knowledge or belief.

14.02: Petitions by Employers

(1) In initiating action under M.G.L. c. 150E, s. 4, a petition filed by an employer alleging that one or more employee organizations claim to represent a substantial number of employees in a bargaining unit shall contain the following information:

(a) The correct name and address of the employer and its designated representative for purposes of collective bargaining.

(b) A full description of the bargaining unit involved, specifying the job classifications of the employees of the petitioning employer included therein or excluded therefrom, and the approximate number of employees therein.

(d) The date of recognition or certification, if any.

(e) The expiration date of any current collective bargaining agreement(s) covering any of the employees described in 456 CMR 14.02(1)(b).

(f) The names and addresses of all employee organizations known to have claimed recognition as representatives of a substantial number of employees described in 456 CMR 14.02(1)(b), giving the date of each claim.

(g) The names and addresses of other employee organizations known to the employer to have an interest in representing the employees described in 456 CMR 14.02(1)(b).

(h) Any other relevant facts which may be required in a petition form issued by the Commission.

(2) A petition filed by an employer seeking clarifcation or amendment of an existing bargaining unit shall contain the following information:

(a) The full name of the employer, the full name of the recognized or certified bargaining agent, and their addresses.

(b) A complete description of the bargaining unit and, if the bargaining unit is certified, an identification of the case number(s) in which the existing certification was issued and amended.

(d) The expiration date of the collective bargaining agreement, if any, covering the employees described in 456 CMR 14.02(2)(b) and (2)(c).

(e) The name and address of any other employee organization known to claim to represent any employee affected by the proposed clarification and a copy of any collective bargaining agreement covering any such employee.

(f) The number of employees in the present bargaining unit and the unit proposed by the clarification.

(g) A statement by petitioner setting forth reasons why petitioner seeks clarification of the unit.

(h) Any other relevant facts which may be required by the Commission.

(3) All petitions filed pursuant to this section must be served on all incumbent labor organizations or their legal counsel, if any.

14.03: Petitions by Employee Organizations

(1) In initiating action under M.G.L. c. 150E, s. 4, a petition filed by an employee organization alleging that a substantial number of employees wish to be represented by it shall contain the following information:

(a) The correct name, address and affiliation of the employee organization.

(b) The correct name and address of the employer and 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, and the approximate number of employees therein.

(d) The name and address of all employee organizations known to represent or known to claim to represent any of the employees in the bargaining unit claimed to be appropriate.

(e) The expiration date of any current collective bargaining agreement(s) covering any of the employees described in 456 CMR 14.03(1)(c).

(f) Any other relevant facts which may be required in a petition form issued by the Commission.

(2) A petition filed by an employee organization seeking clarification or amendment of an existing bargaining unit shall contain the following information:

(a) The full name of the employer, the full name of the recognized or certified bargaining agent, and their addresses.

(b) A complete description of the bargaining unit and, if the bargaining unit is certified, an identification of the case number(s) in which the existing certification was issued and amended.

(d) The expiration date of the collective bargaining agreement, if any, covering the employees described in 456 CMR 14.03(2)(b) and (2)(c).

(e) The name and address if any employee organization known to claim to represent any employee affected by the proposed clarification and a copy of any collective bargaining agreement covering any such employee.

(f) The number of employees in the present bargaining unit and the unit proposed by the clarification.

(g) A statement by the petitioner setting forth reasons why petitioner seeks clarification of the unit.

(h) Any other relevant facts which may be required by the Commission.

(3) All petitions filed pursuant to this section must be served on all incumbent labor organizations or their legal counsel, if any.

14.04: Petitions by Employees

(1) In initiating action under M.G.L. c. 150E, s. 4, a petition filed by or on behalf of a substantial number of employees in a unit alleging that the exclusive representative no longer represents a majority of the employees in the unit shall contain the following information:

(a) The correct name and address of the petitioner.

(b) The correct name and address of the employer and the name and address of its collective bargaining representative, if known.

(d) The name, address and affiliation of the recognized or certified representative.

(e) The date of recognition or certification.

(f) The expiration date of the current collective bargaining agreement covering the employees described in 456 CMR 14.04(1)(c), if any.

(g) A concise statement setting forth the facts which cause the petitioner to believe that the exclusive representative no longer represents a majority of the employees in the unit.

(h) Any other relevant facts which may be required in a petition form issued by the Commission.

(2) Individual employees may not filed petitions for clarification or amendment of certification.

(3) All petitions filed pursuant to this section must be served on all incumbent labor organizations or their legal counsel, if any.

14.05: Showing of Interest

(1) No petition filed under 456 CMR 14.03 seeking to represent a bargaining unit of employees who are not currently represented for purposes of collective bargaining shall be entertained, in the absence of uncommon or extenuating circumstances, unless the Commission determines that the petitioner has been designated by at least 30% of the employees involved to act in their interest.

(2) No petition filed under 456 CMR 14.03 seeking to represent a bargaining unit of employees already represented for purposes of collective bargaining and not petition filed pursuant ot 456 CMR 14.04 shall be entertained, in the absence of uncommon or extenuating circumstances, unless the Commission determines that the petitioner has been designated by at least fifty percent (50%) of the employees involved to act in their interest.

(3) No motion to intervene filed under 456 CMR 14.18 shall be entertained, in the absence of uncommon or extenuating circumstances, unless the Commission determines that the intervenor has been designated by at least 10% of the employees involved to act in their interest, provided that any incumbent exclusive representative who files a motion to intervene need not comply with the requirement under this section. Authorization cards or other written evidence of a "showing of interest" (as defined in 456 CMR 11.05) must be submitted by the petitioner with the petition or by the intervenor with the motion to intervene to enable the Commission to make this determination. The Commission may require the employer to submit a payroll or personnel list to assist in determining whether a sufficient showing of interest has been made. If a payroll or personnel list is requested by the Commission but is not made available, the showing of interest as submitted shall, if otherwise valid, be accepted as bona fide. If the Commission finds that a sufficient showing of interest has not been made, the petitioner or intervenor shall be given notice by the Commission of that finding and shall be allowed seven days after receipt of written notice of that finding to submit a further showing of interest. This seven-day period shall not extend the times for filing a representation petition set out in 456 CMR 14.06. If sufficient showing of interest is not timely submitted by the petitioner the Commission may dismiss the petition. If sufficient show of interest is not timely submitted by an intervenor the Commission may deny the intervenor either the opportunity to participate in or to challenge a consent election agreement between other parties, and/or the opportunity to appear on an election ballot.

14.06: Bars to Petitions; Elections

(1) Contract Bar.

(a) Except for good cause shown, no petition filed under the provisions of M.G.L. c. 150E, s. 4, shall be entertained during the term of an existing valid collective bargaining agreement, unless such petition is filed no more than 180 days and no fewer than 150 days prior to the termination date of said agreement. No collective bargaining agreement shall operate as a bar for a period of more than three years.

(b)Except for good cause shown, no petition seeking clarification or amendment of an existing bargaining unit shall be entertained during the term of an existing valid collective bargaining agreement, unless such petition is filed no more than 180 days and no fewer than 150 days prior to the termination date of said agreement, provided that a petition to alter the composition or scope of an existing unit by adding or deleting job classifications created or whose duties have been substantially changed since the effective date of the collective bargaining agreement may be entertained at other times.

(2) Withdrawal/Disclaimer Bar.

(a) Except for good cause shown, no petition filed under the provisions of M.G.L. c. 150E, s. 4 shall be entertained in any bargaining unit or subdivision thereof within which, after the approval of an agreement for consent election or the close of a hearing, but before the holding of the election, the petitioner withdrew from a prior petition within the preceding 6 months.

(b) Except for good cause shown, no petition filed under the provisions of M.G.L. c. 150E, s. 4 shall be entertained in any bargaining unit or subdivision thereof within which,after the approval of an agreement for consent election or the close of a hearing, but before the holding of the election, the petitioner disclaimed interest in continued representation of the bargaining unit within the preceding six months.

(3) Election Year Bar. Except for good cause shown, no election shall be directed by the Commission pursuant to M.G.L. c. 150E, s. 4, in any bargaining unit or subdivision thereof within which a valid election has been held in the preceding 12 months.

(4) Certification Year Bar. Except for good.cause shown, the Commission will not process a petition for an election in any bargaining unit or subdivision thereof represented by a certified bargaining representative when the Commission has issued a certification of representative within the preceding 12 months.

(5) Recognition Year Bar. Except for good cause shown, no petition for an election will be processed by the Commission pursuant to M.G.L. c. 150E, s. 4, in any represented bargaining unit or any subdivision thereof with respect to which a recognition agreement has been executed in accordance with the provisions of this subsection in the preceding 12-month period. For the purpose of 456 CMR 14.06, recognition shall not be extended to an employee organization unless:

(a) The employer in good faith believes that the employee organization has been designated as the freely chosen representative of a majority of the employees in an appropriate bargaining unit;

(b) The employer has conspicuously posted a notice on bulletin boards where notices to employees are normally posted for a period of at least 20 consecutive days advising all persons that it intends to grant such exclusive recognition without an election to a named employee organization in a specified bargaining unit;

(c) The employer shall not extend recognition to an employee organization if another employee organization has within the 20 day period notified the employer of a claim to represent any of the employees involved in said bargaining unit and has prior to or within such period filed a valid petition for certification which.is pending before the Commission; and,

(d) Such recognition shall be in writing and shall describe specifically the bargaining unit involved.

(e) The employee organization is in compliance with the applicable filing requirements set forth in M.G.L. c. 150E, §§13 and 14.

14.07: Employees of the Commonwealth

(1) With respect to employees of the Commonwealth, excepting only employees of community and state colleges and universities, no petition filed under the provisions of M.G.L. c. 150E, s. 4, shall be entertained, except in extraordinary circumstances where the petition seeks certification in a bargaining unit not in substantial accordance with the provisions of this section. Bargaining units shall be established on a state wide basis, with one unit for each of the following occupational groups, excluding in each case all managerial and confidential employees as so defined in M.G.L. c. 150E, s. 1.

NONPROFESSIONAL EMPLOYEES:

UNIT 1. Administrative and Clerical, including all nonprofessional employees whose work involves the keeping or examination of records and accounts or general office work;

UNIT 2: Service, Maintenance and Institutional, excluding building trades and crafts and institutional security;

UNIT 3: Building Trades and Crafts;

UNIT 4: Institutional Security, including correctional officers and other employees whose primary function is the protection of the property of the employer, protection of persons on the employer's premises and enforcement of rules and regulations of the employer against other employees; and,

UNIT 5: Law Enforcement, including all employees with power to arrest, whose work involves primarily the enforcement of statutes, ordinances, and regulations, and the preservation of public order.

PROFESSIONAL EMPLOYEES, as defined in M.G.L. c. 150E, s. 1:

UNIT 6: Administrative, including legal, fiscal, research, statistical, analytical and staff services;

UNIT 7: Health Care;

UNIT 8: Social and Rehabilitative;

UNIT 9: Engineering and Science; and,

UNIT 10: Education.

(2) Notwithstanding any provision of this section, nothing shall prevent the Commission from finding appropriate:

(a) the inclusion of related technical employees in any of the professional units designated 6 through 10, provided that the requirements of M.G.L. c. 150E, s. 3. have been met;

(b) one or more units of supervisory employees;

(d) separate units for employees of the judiciary;

(e) separate units for employees of the General Court; and,

(f) other units for employees of the Commonwealth specifically established by law.

14.08: Investigation and Hearing

(1) The Commission or a designated agent shall investigate a petition filed under M.G.L. c.150E, s. 4 to determine if there is reasonable cause to believe that a question of representation exists. The Commission or its agent may require any party to state in writing its position on any issue raised by the petition or to provide the Commission with position descriptions, affidavits, or other information the Commission believes to be relevant to the issues raised by the petition. If the Commission, upon investigation, has reasonable cause to believe that a substantial question of representation exists, it shall provide for an appropriate hearing upon due notice and in connection therewith shall prepare and cause to be served upon the employer involved, upon any parties or upon employee organizations purporting to act as representative of any employees directly affected by the filing of a petition under 456 CMR 14.00, whether named in the petition or not, a notice of hearing upon the question of representation before the Commission at a time and place fixed therein, A copy of the petition shall be served with such notice of hearing.

(2) The Commission or a designated agent shall investigate a petition seeking clarification or amendment of an existing bargaining unit to determine if there is a sufficient dispute of relevant facts to warrant a hearing. The Commission or its agent may require any party to state in writing its position on any issue raised by the petition. If the Commission, upon investigation, has reasonable cause to believe there is a sufficient dispute of relevant facts, it shall provide for an appropriate hearing upon due notice and in connection therewith shall prepare and cause to be served upon the employer involved, upon any parties or upon employee organizations purporting to act as representative of any employees directly affected by the filing of a petition under this chapter, whether named in the petition or not, a notice of hearing upon the issued raised in the petition before the Commission at a time and place fixed therein. A copy of the petition shall be served with such notice of hearing.

(3) For the purpose of informing employees affected by the filing of a petition under 456 CMR 14.00, the posting of notices or orders of the Commission on the premises of an employer in a place readily accessible to the employees shall constitute due notice to such employees. Copies of the petition and the notice of hearing shall be so posted by the employer.

(4) Hearings conducted under 456 CMR 14.08 may be conducted by the Commission or a hearing officer or other agent designated by the Commission. The procedures specified in 456 CMR 13.03. 13.07,13.08, 13.09, 13.10, 13.12, and 13.14 and the following procedures shall apply to all hearings conducted under 456 CMR 14.08:

(a) Subject to 456 CMR 14.08(4)(c), any party to the proceeding shall have the right to appear in person, by counsel or by other representative, to call, examine, and cross-examine witnesses and to offer documentary or other evidence in to the record;

(b) Any hearing conducted under 456 CMR 14.08 shall be open to the public, except in extraordinary cases as the Commission, in its discretion, may determine.

(c) The Commission, hearing officer, or other designated agent shall have the right to inquire fully into the facts relevant to the issues raised by the petition and shall not be bound by the rules of evidence observed by the courts. The Commission or hearing officer shall have the authority to:

1. To administer oaths and affirmations;

2. To issue subpoenas;

3. To rule on motions to revoke or modify subpoenas;

4. To limit examination and cross-examination of each witness to one representative per party;

5. To hold conferences for the settlement or clarification of the issues;

6. To dispose of procedural motions or similar matters;

7. To require the parties to identify prospective witnesses at least ten days prior to a scheduled hearing;

8. To call, question and cross-examine witnesses; introduce or require the parties to produce relevant documentary evidence; solicit stipulations from the parties; take administrative notice of evidence in related proceedings before the Commission; and to exclude cumulative evidence;

9. To require the parties to submit pre-filed direct testimony;

10. To continue the hearing from day to day or otherwise continue the hearing consistent with any applicable case processing time guidelines.

(d) The parties shall be permitted to make oral arguments at the close of the hearing or may be permitted by the Commission, hearing officer, or agent to file written briefs within ten days after the close of the hearing. Requests for additional time to file briefs will be granted only in extraordinary circumstances or to permit parties an opportunity to obtain tapes of the hearing, provided that the time period for filing briefs, including any extensions that may be permitted shall not exceed 21 days.

14.09: Record

The record in a hearing conducted under this section shall consist of the petition, notice of hearing, with return of service thereon, if available, appearance cards, motions, rulings, orders, taped recording or stenographic transcription, stipulations, exhibits, documentary evidence, depositions and amendments to any of the foregoing.

14.10: Disposition of Petitions

The Commission or designated hearing officer shall proceed, within a reasonable time after the introduction of evidence, or after oral argument or the submission of briefs, or further hearing, as it may determine, to dismiss the petition, or to direct an election by secret ballot among the employees in a bargaining unit determined by it to be appropriate, or to make other disposition of the matter.

14.11: Consent Election Agreements

Where a petition has been duly filed, the employer, employee organization or person or persons representing a substantial number of employees involved and any intervenor which has submitted the required show of interest may, subject to the approval of the Commission, enter into a stipulation for the waiving of hearing and the conducting of a consent election. Such stipulation shall include a description of the appropriate unit, the time and place for holding the election and the payroll or the personnel list to be used in determining which employees within the appropriate unit shall be eligible to vote. Such consent election shall be conducted under the supervision of the Commission or its agents.

14.12: Elections

When the Commission determines that an election by secret ballot shall be conducted or when it approves an agreement for a consent election it shall direct that such election be conducted upon such terms as it may specify, including an election conducted by mail, an election conducted in person, or any other means ordered by the Commission.

(1) Unless otherwise directed by the Commission, all elections shall be by secret ballot, provided, however, that no employee organization shall appear on the ballot unless the employee organization is in compliance with M.G.L. c. 150E, § 13 and 14 pursuant to the provisions of 456 CMR 16.05. Whenever two or more employee organizations are included as choices in an election, a participant may, upon its request, have its name removed from the ballot; provided, however, that such employee organization gives timely notice in writing to all parties and to the Commission disclaiming any representational interest among the employees in the unit and provided that the ballots have not been printed, or Commission notices of the election posted, prior to the Commission's receipt of the employee organization's written request to remove its name from the ballot.

(2) Any party may challenge, for good cause, the eligibility of any person to participate in the election. The ballots of such challenged persons shall be impounded by the Commission. If the number of challenged ballots is sufficient to determine the outcome of the election, then within seven days after the tally of ballots has been furnished each party must file with the Commission a short statement of its position concerning the eligibility of each challenged voter. Such statement shall include a recitation of the facts, if any, alleged by the party to be determinative of the challenged voter's eligibility. The Commission may require the parties to submit further evidence or argument, in order to determine whether a hearing is warranted.

(3) At the conclusion of the election, the Commission shall furnish to the parties a tally of ballots. Within seven days after the tally of the ballots has been furnished, any party may file with the Commission an original and four copies of objections to the conduct of the election or to conduct affecting the result of the election. Such filing shall specify with particularity the conduct alleged to be objectionable (including the identity of persons involved, and the date, place, time and nature of the conduct). Failure to timely specify conduct alleged to be objectionable may be deemed a waiver of the objection. Such filing must be timely whether or not the challenged ballots are sufficient in number to affect the result of the election. Upon receipt of the statement of objections and any other submissions which the Commission may permit, the Commission shall determine whether any of the objections merit further proceedings and may dismiss some or all of the objections if the Commission does not find probable cause to believe either that the alleged conduct occurred or that the alleged conduct materially interfered either with the conduct of the election or with the results of the election. If the Commission determines that probable cause exists to believe that conduct interfering with either the conduct of the election or the results of the election occurred, it shall conduct such further investigation and/or hearing as it shall deem appropriate, or, if no material facts are disputed it may issue a decision on the objections without further fact-finding proceedings.

(4) If no timely objections are filed, and the challenged ballots are insufficient in number to affect the result of the election, and if no runoff election is to be held, the Commission shall forthwith certify the result of the election.

(5) The record in any hearing conducted pursuant to this section shall include the statement of objections or the statement concerning the eligibility of challenged voters, the responses thereto, and the tally of ballots, in addition to the applicable material specified in 456 CMR 14.09.

14.13: Runoff Elections

(1) The Commission may conduct a runoff election when a valid election results in no choice receiving a majority of the valid ballots cast. No runoff election shall be conducted while objections to the election are pending. If all eligible voters cast valid ballots in an election involving two or more labor organizations and 50% voted for one labor organization while 50% voted for another labor organization, the Commission will conduct a runoff election between the two labor organizations which each received 50% of the votes. If all eligible voters cast ballots in a runoff election involving two or more labor organizations, the Commission may decline to conduct a second runoff election absent evidence that a further runoff election would be likely to produce a different result than the prior election.

(2) Employees who were eligible to vote in the election shall be eligible to vote in a runoff election unless the Commission determines otherwise.

(3) The ballot in a runoff election shall provide for a selection between the choices receiving the largest and second largest number of votes in the prior valid election.

14.14: Re-run Elections

(1) The Commission may declare an election invalid and may order another election providing for a selection from the choices afforded in the previous ballot in the following situations:

(a) The ballot provided for a choice among two or more employee organizations and "neither" or "none" and the votes are equally divided among the several choices; or,

(b) The number of ballots cast for one choice in an election is equal to the number cast for another choice but less than the number cast for the third choice (which did not receive a majority of valid votes cast); or,

(c) A runoff ballot provided for a choice between two employee organizations and the votes are equally divided (but see 456 CMR 14.13(1)).

(d) The Commission concludes that the results of the prior election are invalid due to objectionable conduct of the election or objectionable conduct affecting the results of the election.

(2) Upon the conclusion of either a re-run or a runoff election, the provisions of 456 CMR 14.12 shall govern, insofar as applicable.

14.15: Reinvestigation of Certification

For good cause shown, the Commission may reinvestigate any matter concerning any certification issued by it and, after appropriate hearing, may amend, revise or revoke such certification.

14.16: Revocation of Certification

An employee organization currently certified to represent a bargaining unit may request the Commission to revoke its certification by filing a written request accompanied by a statement that the employee organization disclaims all interest in continued representation of the bargaining unit. A copy of the request shall be served simultaneously on the employer of the bargaining unit.

14.17: Deferral to AFL-CIO "No Raiding" Procedure

In any petition filed under 456 CMR 14.03 by an employee organization affiliated with the AFL-CIO seeking to represent a bargaining unit represented at the time of filing by another employee organization affiliated with the AFL-CIO, any party may request the Commission to defer processing the case for 30 days to permit the employee organizations to use the settlement provisions of the AFL-CIO "no-raiding" procedure. Such a request must be filed with the Commission within ten days following receipt of notice that the petition has been filed, or at least three days prior to the date of the scheduled hearing on the petition, whichever is earlier. Upon written request by any party the Commission may extend the 30-day deferral period. Copies of any request must be served upon all parties to the case.

14.18: Intervention

(1) Any employee organization, including the incumbent exclusive representative, if any, wishing to appear on any ballot or be deemed a necessary party to any agreement for consent election shall file a motion to intervene setting out the same information as required in a petition filed pursuant to 456 CMR 14.03. Except for good cause shown, all motions to intervene filed under 456 CMR 14.18 must be filed within 30 days of the date of the Commission's Notice of Hearing. Any incumbent exclusive representative who does not file a motion to intervene in accordance with 456 CMR 14.18 shall be deemed to have disclaimed interest in representing the employees in the petitioned-for bargaining unit and shall not appear on any ballot or be deemed a necessary party to any agreement for consent election.

(2) Any motion filed under 456 CMR 14.18 must be accompanied by the showing of interest required in 456 CMR 14.05.

(3) Pursuant to 456 CMR 12.02, any party filing a motion to intervene under 456 CMR 14.18 shall serve a copy of its motion on each of the parties named in the original petition and any other intervenors.



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