Code of Massachusetts Regulations
456 CMR - DEPARTMENT OF LABOR RELATIONS
Title 456 CMR 14.00 - Questions of Representation
Section 14.02 - Petitions by Employers

Universal Citation: 456 MA Code of Regs 456.14

Current through Register 1518, March 29, 2024

(1) In initiating action under M.G.L. c. 150E, § 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;

(c) The name, address and affiliation of the exclusive representative, if any;

(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); and

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

(2) A petition filed by an employer 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 by the Department, an identification of the case number(s) in which the existing certification was issued and amended;

(c) A full description of the job classifications sought to be included or excluded by the proposed clarification;

(d) The expiration date of the collective bargaining agreement, if any, covering the employees described in 456 CMR 14.02(2)(b) and (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 in the unit proposed by the clarification;

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

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

(3) All petitions filed pursuant to 456 CMR 14.02 must be served on all incumbent employee organizations or their legal counsel, if any, and in accordance with the requirements of 456 CMR 12.02: Service: When Required.

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