Unfair Work Practices

The provisions of 456 CMR 15.00: Investigations, 456 CMR 16.04: Petitions and Requests, 456 CMR 16.05: Compliance with M.G.L. c. 150E, §§ 13 and 14, 456 CMR 16.06: Advisory Rulings, 456 CMR 16.08: Compliance with Department Orders, and 456 CMR 18.00: Designation of Department Agents, are applicable to all unfair work practice proceedings under M.G.L. c. 150F except that references to charges of prohibited practice as defined in M.G.L c. 150E, § 10(a) and (b) shall be considered references to unfair work practices set forth in M.G.L. c. 150F, § 4(A) and (B) and all references generally to M.G.L. c. 150E shall be considered references to M.G.L. c. 150F. Consistent with M.G.L. c. 150F, § 4(C)1., to prevent unfair work practices, each TNC shall at least annually send a text message, email, and app-based message to each of its Active TNDs in a form determined by the Department. The Notice shall explain the TNDs’ rights under M.G.L. c. 150F and the procedures for filing an unfair work practice charge. The Department will also post a copy of this notice on its website. The TNCs duty to send the annual communication and the Department’s duty to post the notice shall begin no later than seven days after the Department first provides each TNC with the names and driver’s license numbers of the Active TNDs who have driven for the TNC within the previous six months, as set forth in 456 CMR 24.04(5); such duty shall continue on an annual basis thereafter. (1) With respect to M.G.L. c. 150F, § 4(C)7.: Prevention of unfair work practices; Injunctive relief, the following procedures shall apply. (a) When a party that has filed an unfair work practice charge (Charging Party) petitions the Department to obtain injunctive relief pending a decision on the merits of the charge pursuant to M.G.L. c. 150F, § 4(C)7., the Charging Party shall include in the petition the following information: 1. The name, address and telephone number of the party or parties named as the respondent(s) in the unfair work practice charge; 2. The name, address, email address, and telephone number of counsel for respondent, if known. 3. A statement as to what facts cause the Charging Party to believe that: a. There is reasonable cause to believe that an unfair work practice has occurred, and b. It appears that immediate and irreparable injury, loss, or damage will result thereby rendering a resulting decision on the merits ineffectual and necessitating the maintenance of, or return to, the status quo to provide meaningful relief. Such immediate and irreparable harm may include the chilling effect on workers in the exercise of rights provided by 456 CMR 24.00. (b) The Charging Party shall serve a copy of the petition upon the respondent(s) or a representative of the respondent(s). The petition shall contain a statement by the Charging Partyrequesting an investigation bythe Department and state that the respondent maycontact the Department if they wish to present information pertinent to the investigation. The petition shall include an affidavit from the Charging Party specifying its compliance with 456 CMR 24.11. (c) The Department may require the Charging Party to serve a notice of the time, date and place of an investigation to be conducted upon the respondent or the respondent’s representative. (d) The Department, or Board in the first instance, may investigate the petition and may, within ten days after receiving the petition, determine whether the Charging Party has made a sufficient showing of the elements set forth in 456 CMR 24.11(1)(a)(iii). In the case of a TNC’s failure to provide an accurate list of names and address of TNDs, immediate and irreparable injury, loss, or damage shall be presumed. (e) If based upon the investigation, the Board determines that the elements set forth in 456 CMR 24.11(1)(a)(iii) have been met, it may issue orders setting requirements and may seek enforcement thereof in Superior Court in any county where the unfair work practice occurred upon notice to all parties in accordance with applicable court rules.