[1] For each job description submitted to the Division, the parties must indicate whether it fairly and accurately describes the job duties performed by the incumbent in the disputed position. If a party disputes the accuracy of the job description, the party must specifically identify the disputed duty and the reason for the dispute as well as provide an affidavit or other evidence in support of its claim. If there is not an accurate job description in existence or if one cannot be obtained, the parties' written submissions should fairly and accurately describe the disputed position's job duties in enumerated paragraphs.

[1] For each organizational chart submitted to the Division, the parties must indicate whether it fairly and accurately depicts the employer's organizational structure. If a party disputes the accuracy of the organizational chart, the party must specifically identify the source of and the reason for the dispute as well as provide an affidavit or other evidence in support of its claim. If the parties do not have a current organizational chart, they should create one to submit to the Division.

[1] If a petitioner requests any of these documents but does not receive them prior to the CAS petition's filing date, the petitioner may submit to the Division, instead, proof that it has requested these documents and not received them.

A. Factors

The contract bar rule is a threshold procedural requirement that is set forth in 456 CMR 14.06(1)(b). The rule mandates that a CAS petition must be filed:

  • within 150-180 days of the expiration of a collective bargaining agreement; or
  • after the expiration of a collective bargaining agreement.

There are three exceptions to the rule:

  • the disputed position is newly created;
  • the job duties of the disputed position have substantially changed; or
  • there is good cause to excuse an inappropriately-filed petition.
  • Examples of Evidence

To demonstrate whether the first exception to the contract bar rule applies, the parties may submit a dated job posting for the disputed position. The parties' submissions should indicate when the employer created and filled the disputed position as well as the incumbent's name and level of pay and benefits.

To show whether the second exception applies, the parties may submit the former position description along with the current one. If a change in job duties is alleged, the parties' submissions should contain a detailed comparison of the former and current duties and responsibilities.

Although the Division rarely finds good cause to excuse inappropriately-filed CAS petitions, petitioners may relate any facts that they wish the Division to consider on this subject in their submissions