Code of Massachusetts Regulations
456 CMR - DEPARTMENT OF LABOR RELATIONS
Title 456 CMR 21.00 - Rules for Interest Mediation, Fact-finding And Interest Arbitration in Disputes Involving Public Employers and Public Employees; Private Sector Interest Mediation
Section 21.14 - Fact-finding Report

Universal Citation: 456 MA Code of Regs 456.21

Current through Register 1531, September 27, 2024

(1) Form and Contents. After the close of the hearing and the submission of briefs, if any, the fact-finder shall prepare, sign, and date a written fact-finding report. It shall include:

(a) A statement of the issue(s);

(b) The findings of fact regarding the issue(s);

(c) A statement of the recommendation for each issue;

(d) The rationale for the recommendation reached on each issue; and

(e) A summary cover sheet containing a complete statement as to the fact-finder's recommendations on all issues.

(2) Service of the Report. The fact-finder shall send a copy of the fact-finding report to the Department and to each party to the dispute. The fact-finder shall send the report in accordance with 456 CMR 12.12: Filing with the Department.

(3) Clarification of Report. One or both parties may request that the fact-finder clarify any recommendation in the fact-finding report. This request must be received by the Department within seven days of the date of the report. The party(ies) making this request shall send a copy to the fact-finder. The fact-finder shall attempt to dispose of such request within ten days of the Department's receipt of the request. The fact-finder shall notify the parties and the Department in writing or by conference of the disposition of the request for clarification.

(4) Action on Report. If the parties fail to notify the Department that they have reached an agreement on the issues in dispute within ten days after the Department's receipt of the fact-finder's report, the Department shall assume that the impasse remains unresolved.

(5) Publication of the Report. If the impasse remains unresolved ten days after the Department's receipt of the fact-finder's report, the Department shall make it public.

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