Code of Massachusetts Regulations
456 CMR - DEPARTMENT OF LABOR RELATIONS
Title 456 CMR 16.00 - Various Provisions of M.g.l. c. 150e
Section 16.02 - Requests for Binding Arbitration

Universal Citation: 456 MA Code of Regs 456.16

Current through Register 1531, September 27, 2024

(1) When a party requests the Department to order binding arbitration, pursuant to M.G.L. c. 150E, § 8, the party so requesting shall provide the Department the following information in writing:

(a) The full names and addresses of the employer and the employee organization involved.

(b) A clear and concise statement of the dispute concerning the interpretation or application of the applicable collective bargaining agreement. A copy of the grievance for which arbitration is requested must be submitted with the request, along with the date and disposition of the last step of the grievance procedure at which the grievance has been considered.

(c) A specific reference to the particular part or parts of the written agreement allegedly violated. A copy of the entire written agreement must be submitted with the request.

(d) Any other relevant facts which may be required in the request for binding arbitration forms issued by the Department.

(2) Except for good cause shown, no request for binding arbitration shall be entertained by the Department more than 60 days after exhaustion of the contractual grievance procedure, if any.

(3) In addition to the requirements of 456 CMR 12.02: Service When Required and 456 CMR 12.12: Filing with the Department, all requests for an order of binding arbitration shall contain a declaration by the person signing it, under the penalties of perjury, that its contents are true to the best of that person's knowledge or belief.

(4) Within 15 days after receipt of a copy of a request for an order of binding arbitration, the other party to the collective bargaining agreement shall provide to the Department a statement indicating whether the party joins in the request for binding arbitration, or opposes the request, and all legal or other arguments in support of its position.

(5) Upon receipt of the submissions of the parties referenced in 456 CMR 16.02(1) through (4), the Department may conduct such further investigation as it deems necessary and may issue an order directing the parties to submit the grievance to binding arbitration, or may dismiss the request for an order directing binding arbitration.

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