Code of Massachusetts Regulations
456 CMR - DEPARTMENT OF LABOR RELATIONS
Title 456 CMR 23.00 - Conduct of Grievance Arbitration Proceedings
Section 23.02 - Petition to Initiate Grievance Arbitration before the Department

(1) An employer or an employee organization, or both, may petition the Department to initiate grievance arbitration as provided for in any collective bargaining agreement or other agreement between them. Pursuant to 456 CMR 22.03 through 22.06, at any time prior to the arbitration hearing, the parties may also jointly request the Department to appoint a mediator to aid them in resolving the grievance in advance of the arbitration proceeding.

(2) If the petition is being brought unilaterally, the petitioning party shall serve a copy of the petition on the principal representative of the other party in accordance with the provisions of 456 CMR 12.02: Service: When Required. The petition must state in the appropriate place that a copy of the petition has been served on the other party in accordance with 456 CMR 12.02. Failure to so state shall suspend the processing of the petition.

(3) The party or parties requesting grievance arbitration shall file the petition, signed and dated by the petitioning party or parties, and a copy of the pertinent collective bargaining agreement with the Department pursuant to 456 CMR 12.12: Filing with the Department.

(4) Fee for Grievance Arbitration. The filing fee for arbitration before the Department is the amount established by 801 CMR 4.02: Fees of Licenses, Permits, and Services to Be Charged by State Agencies. The cost of the filing fee shall be equally divided between the parties.