Code of Massachusetts Regulations
456 CMR - DEPARTMENT OF LABOR RELATIONS
Title 456 CMR 16.00 - Various Provisions of M.g.l. c. 150e
Section 16.06 - Advisory Rulings

Universal Citation: 456 MA Code of Regs 456.16

Current through Register 1531, September 27, 2024

(1) Whenever a party to collective bargaining negotiations challenges the negotiability of a written proposal submitted to it by the opposing party, either party may petition the Department for an advisory ruling to determine whether the challenged proposal is within the scope of mandatory negotiations as defined in M.G.L. c. 150E, § 6. The party petitioning for an advisory ruling shall simultaneously serve one copy of the petition upon the respondent or the respondent's attorney or representative. The filing of a petition pursuant to 456 CMR 16.06 shall not affect either party's obligation to bargain under M.G.L. c. 150E.

(2) When a party files a petition for an advisory ruling, it shall provide the Department with the following information:

(a) The full name and address of the petitioner;

(b) The full name and address of the petitioner's attorney or representative;

(c) The name and address of the respondent;

(d) The name and address of the respondent's attorney or representative;

(e) The text of the disputed proposal;

(f) A concise statement as to what aspect of the disputed proposal has been challenged and the substance of the challenge;

(g) Whether the parties are in negotiations, mediation or fact finding; and

(h) Why an evidentiary hearing is not required.

(3) The respondent shall within ten days of service of the petition by the petitioner file a response providing the Department with the following information:

(a) Whether the information in the petition required by 456 CMR 16.06(2) is accurate and, if not, the reasons therefor;

(b) Whether the respondent considers the issuance of an advisory ruling appropriate and, if not, the reasons therefor.

(4) The Board shall determine whether a petition presents an issue appropriate for an advisory ruling. If the petition is granted, the Board may allow the following:

(a) The filing of factual stipulations;

(b) The filing of briefs; and/or

(c) Oral argument.

(5) The Board may render, after the filing of briefs or oral argument, if any, its advisory ruling upon the issues involved or otherwise dispose of the petition.

(6) In any proceeding under M.G.L. c. 150E, § 11 which is based in whole or in part on the subject matter of proceedings under 456 CMR 16.06, the record made under 456 CMR 16.06 shall be made a part of the M.G.L. c. 150E, § 11 proceeding.

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