456 Code of Massachusetts Regulations (CMR)

15.01: Charges

15.02: Contents of Charge

15.03: Six-Month Limitation

15.04: Investigation

15.05: Amendments

15.06: Answers

15.07: Burden of Proof

15.08: Waiver of Hearing

15.09: Record

15.10: Expeditious Scheduling of Hearing

15.11: Interim Bargaining Order

15.12: Blocking Charges

15.13: Referral to Other Agencies

15.01: Charges

(1) All charges filed under 456 CMR 15.00 shall be in the form prescribed by the Commission. [click here for form]

(2) A charge that any employer or employee organization has engaged in or is engaging in any prohibited practice as defined in M.G.L. c. 150E, § 10(a), and (b) may be made by any individual, employer, employee or employee organization.

(3) A charge made under this chapter shall be in writing and signed by the individual making it and shall contain a declaration by the person signing it, under the penalties of perjury, that its contents are true and correct to the best of his or her knowledge and belief.

15.02: Contents of Charge

A charge made under 456 CMR 15.00 shall contain the following:

(1) The full name and address of the individual, employer, employee or employee organization making the charge and his or her official position, if any.

(2) The full name and principal place of business of the employer, employee or employee organization against whom the charge is made, hereafter called the respondent.

(3) An enumeration of the subdivision of M.G.L. c. 150E claimed to have been violated and a clear and concise statement of all relevant facts which cause the charging party to believe that the Law has been violated.

15.03: Six-Month Limitation

Except for good cause shown, no charge shall be entertained by the Commission based upon any prohibited practice occurring more than six months prior to the filing of a charge with the Commission.

15.04: Investigation

(1) When a charge has been filed, an investigation may be conducted by the Commission or its agents. After such investigation, if it appears to the Commission that a hearing is required, it shall cause to be served upon the parties a complaint and a notice of hearing. The Commission may decline to issue a complaint or may withdraw any complaint issued unless it is satisfied that the charging party has made reasonable efforts to resolve the matter.

(2) No complaint shall issue until the charging party has complied with the applicable provisions of M.G.L.c. 150E, §13 and 14.

(3) If, after a charge has been filed, the Commission declines to issue a complaint, it shall so notify the parties in writing by a brief statement of the procedural or other ground for its determination. The charging party may obtain a review of such declination to issue a complaint by filing a request therefor with the Executive Secretary within ten days from the date of receipt of notice of such refusal by the Commission. Within seven days of service of the request for review, any other party to the proceeding may file a response with the Commission. The request shall contain a complete statement setting forth the facts and reasons upon which such request is based. Upon its own motion or upon proper cause shown by any of the parties to the proceeding, the Commission may extend the time for the filing of such request for review.

15.05: Amendments

(1) The Commission or a hearing officer upon its own motion or upon the motion of any party may allow amendment of any complaint at any time prior to issuance of a decision and order based thereon, provided that such amendment is within the scope of the original complaint.

(2) Any complaint or amended complaint or any part thereof may be withdrawn by the Commission any time prior to the issuance of an order based thereon and upon such terms as the Commission may deem just and proper.

(3) Any charge or amended charge or any part thereof may be withdrawn by the charging party prior to the issuance of a complaint. After a complaint has been issued the charge or amended charge may be withdrawn only with the permission of the Commission.

15.06: Answers

(1) The respondent shall file an answer to a complaint within ten days from the date of service, unless otherwise notified by the Commission. The respondent shall specifically admit, deny or explain each of the facts alleged in the complaint, unless the respondent is without knowledge, in which case the respondent shall so state, such statement operating as a denial. All allegations in the complaint not specifically denied or explained in an answer filed, unless the respondent shall state in the answer that it is without knowledge, shall be deemed to be admitted to be true and shall be so found by the Commission, unless good cause to the contrary is shown.

(2) Upon its own initiative or upon proper cause shown by the respondent, the Commission may extend the time within which the answer shall be filed.

15.07: Burden of Proof

The charging party shall have the burden of proving the allegations of the complaint by a preponderance of the evidence.

15.08: Waiver of Hearing

If the respondent desires to waive hearing on the allegations set forth in the complaint or the amended complaint and not to contest the proceeding, the answer may consist of a statement that respondent refrains from contesting the proceedings or that respondent consents that the Commission may make, enter and serve upon respondent an order to cease and desist from violations of M.G.L. c. 150E alleged in the complaint or that respondent admits all the allegations of the complaint to be true. Either of the first two such answers shall have the same force and effect as if all the allegations of the complaint were admitted to be true and, as in that case, shall be deemed to waive a hearing thereon and to authorize the Commission, without a hearing, without evidence and without findings as to facts or other intervening procedure, to make, enter, issue and serve upon respondent an order to cease and desist from the violation of M.G.L. c. 150E charged in the complaint or to take such other action as provided in the Law. If the respondent does not file an answer, the Commission may proceed in a like manner.

15.09: Record

(1) The record in a hearing under this chapter shall consist of the charge, the complaint, notice of hearing, return of service of complaint and notice of hearing, answer, motions, rulings, orders, taped recording or stenographic transcription, stipulations, exhibits, documentary evidence, deposition and amendments to any of the foregoing. Whenever a hearing concerns in whole or in part facts or issues which were or could have been litigated in a related representation proceeding the Commission or hearing officer may incorporate in the record such parts of the record of the representation proceeding as may be appropriate.

(2) The record before the Commission on review of a hearing officer decision in a hearing designated for a hearing officer decision pursuant to 456 CMR 13.02(3) shall be as set forth in 456 CMR 13.15(6).

(3) The record in a hearing designated for a Commission decision in the first instance pursuant to 456 CMR 13.02(2) in which has issued recommended findings of fact and/or recommended conclusions of law shall include the recommended findings and conclusions.

15.10: Expeditious Scheduling of Investigation or Hearing

When temporary relief or a restraining order has been procured by the Commission or any party in connection with any charge or complaint under this chapter, the charge or complaint which has been the basis for such temporary relief or restraining order may be investigated or heard expeditiously. For other good cause shown by any party so requesting in writing, the Commission also may determine that a charge or complaint will be investigated or heard expeditiously.

15.11: Interim Bargaining Order

When it is alleged that a party has refused to bargain collectively in good faith with the exclusive representative in violation of M.G.L. c. 150E, s. 10 and that such refusal is based upon a dispute involving the appropriateness of a bargaining unit, the Commission shall, upon request, except for good cause shown, issue an interim order requiring the parties to bargain pending its determination of the dispute.When such interim order is issued, the Commission shall hold a hearing on the complaint in a summary manner and shallspeedily determine the issues raised.

15.12: Blocking Charges

(1) During the pendency of a petition filed pursuant to M.G.L. c. 150E, s. 4 any party to the petition may file a motion with the Commission requesting that a pending prohibited practice charge "block" the conduct of an election. Such motion shall be filed in accordance with the provisions of 456 CMR 13.07 and shall include a complete statement of the reasons supporting such motion. In addition a party contending that a pending prohibited practice charge should "block" the conduct of an election must, except for good cause shown, submit with the motion evidence sufficient to establish probable cause to believe that (a) the conduct alleged in the prohibited practice charge has occurred, (b) the alleged conduct violates the Law, and (c) the alleged unlawful conduct may interfere with the conduct of a valid election.

(2) Upon receipt of such a motion the Commission may investigate the matter, issue a notice to the other parties to the election to show cause why the motion should not be granted, or conduct further proceedings to dispose of the matter.

15.13: Referral to Other Agencies

At any time during the pendency of a charge at the Commission the Commission may refer the matter to the Board of Conciliation and Arbitration, or in the case of charges involving police or fire fighters, to the Joint Labor Management Committee, for such period of time as the Commission shall determine in order to promote resolution of the issues in the charge.