Strike Investigations

When an employer petitions the Department to investigate an alleged violation of M.G.L. c. 150E, § 9A(a), the employer shall include in the petition the following information: (a) The name, address and telephone number of the employer, and its legal representative, if any. (b) The names, addresses and telephone numbers, if known, of the employee organization and its officers or the public employees who are alleged to have violated or are about to violate the provisions of M.G.L. c. 150E, § 9A(a). (c) The name, address and telephone number of counsel for the employee organization or public employees, if known. (d) The place of employment of the public employee or employees and the services affected. (e) A statement as to what facts cause the employer to believe that a strike has occurred or is about to occur or has been induced, encouraged or condoned by a public employee or employee organization. (f) Any other relevant facts which may be of assistance to the Department. (2) (a) The employer shall serve a copy of the petition upon an officer or representative of the employee organization and on all named public employees alleged to have violated or to be about to violate M.G.L. c. 150E, § 9A(a). The petition served pursuant to 456 CMR 16.03(2)(a) shall contain a statement that the employer requests an investigation by the Department and that the employee organization or employees may contact the Department if they wish to present information pertinent to the investigation. The employer shall file an affidavit with the Department specifying its compliance with 456 CMR 16.03(2). (b) The Department may require the employer to serve a notice of the time, date and place of an investigation, to be conducted by the Department, upon an officer or representative of the employee organization and on each named public employee alleged to have violated or to be about to violate M.G.L. c. 150E, § 9A(a). (c) The Board may investigate the allegations of the employer's petition and may determine whether a strike is occurring or about to occur upon consideration of the employer's allegations and such other evidence as the Board may consider. (3) Upon determination that a violation of M.G.L. c. 150E, § 9A(a) is occurring or is about to occur, the Board may issue orders setting requirements and may seek enforcement thereof. The Board may require the employer to serve such orders upon an officer or representative of the employee organization and upon each named public employee found to have violated M.G.L. c. 150E, § 9A(a).