- Information Submitted by the Parties
If the party desires to file any documentary evidence specific to the allegations in the Charge, it is strongly encouraged to do so at the time of the initial filing of the Charge or with the Respondent's Response. Such documentary evidence may include:
- Affidavits and Documents: The parties are NOT REQUIRED to provide sworn affidavits from witnesses with personal knowledge of the facts alleged in the initial Charge. However, if affidavits are supplied to establish the facts of the Charge or to supplement the Response, then such affidavits MUST be based upon the affiant's personal knowledge. Evidence from people who lack personal knowledge of the facts to which they attest is less persuasive than sworn evidence from people with personal knowledge of the facts to which they swear and may not be sufficient to establish "probable cause" to believe that the alleged facts demonstrate conduct which violates the Law. Either party may either quote from or include documentary evidence, such as: the collective bargaining agreement, letters, and notices, pay records, etc. that are necessary to support the Charge or Response.
- Relief Sought: A statement of the full relief sought by the Charging Party; if different from that specified in the Charge filed with the Division.
- Settlement Proposals: The parties should state whether settlement has been proposed and/or discussed; and, if not, then the parties should explain why. The Division may schedule a settlement conference at any time at the request of either party if the Division concludes that a settlement conference would be helpful to promote a fair resolution of the case.
- Grievance Information: Information about any grievance(s) related to conduct alleged to violated the law, the status of any grievance(s), a single copy of the grievance and an explanation as to why the Division should or should not defer to the grievance or arbitration process. If deferral to arbitration is sought or the parties are involved in mediation, the Respondent must inform the Division if it is willing to waive any contractual time defenses to arbitration, or other objections to mediation. Nonetheless, pursuant to G.L.c.150E §11(b) as appearing in St. 2007, c. 145, the Division agent may defer any Charge "which is the subject of a pending grievance or arbitration".
- Other Information: The parties should include any additional information relevant to the Division's processing of this case.
- Affirmative Defenses: The Respondent should separately identify any affirmative defenses upon which it relies, and support its assertions with sworn statements of facts (which can be sworn as true based upon the signer's personal knowledge) and documentary evidence where applicable.