Massachusetts § 6 - Application for inquiry; filing fee; notice of hearing; failure to perform promise

§ 6. Application for inquiry; filing fee; notice of hearing; failure to perform promise

Section 6. The application shall be signed by the employer or by a majority of his employees in the department of the business in which the controversy exists, or by their duly authorized agent, or by both parties, and if signed by an agent claiming to represent a majority of the employees, the board shall satisfy itself that he is duly authorized so to do; but the names of the employees giving the authority shall be kept secret. The application for public sector grievance arbitration shall be accompanied by a filing fee of $600 or any greater fee which may be established by the secretary of administration and finance under the provisions of section three B of chapter seven for the filing thereof; provided, however, that the amount of any such fee shall be paid in equal shares by the party seeking application and the answering party or if the application is by a single party, said party shall pay one-half of such fee and the answering party shall pay the remaining one-half; provided, further, that the board may, where appropriate, provide for the waiver of the filing fee for any particular controversy or classes of controversies.

The application for private sector grievance arbitration shall be accompanied by a filing fee, of $1200 or any greater fee which may be established by the secretary of administration and finance under the provisions of section three B of chapter seven for the filing thereof; provided, however, that the amount of any such fee shall be paid in equal shares by the party seeking application and the answering party or if the application is by a single party, said party shall pay one-half of such fee and the answering party shall pay the remaining one-half; provided, further, that the board may, where appropriate, provide for the waiver of the filing fee for any particular controversy or classes of controversies.

The application for grievance mediation shall be accompanied by a filing fee of $150 or any greater fee which may be established by the secretary of administration and finance under the provisions of section three B of chapter seven for the filing thereof; provided, however, that the amount of any such fee shall be paid in equal shares by the party seeking application and the answering party or if the application is by a single party, said party shall pay one-half of such fee and the answering party shall pay the remaining one-half; provided, further, that the board may, where appropriate, provide for the waiver of the filing fee for any particular controversy or classes of controversies.

The application shall contain a concise statement of the existing controversy and a promise to continue in business or at work without any lockout or strike until the decision of the board, if made within three weeks after the date of filing the application. The board shall forthwith, after such filing, cause public notice to be given of the time and place for a hearing on the application, unless both parties join in the application and present therewith a written request that no public notice be given. If such request is made, notice of the hearings shall be given to the parties in such manner as the board may order, and the board may give public notice thereof, notwithstanding such request. If the petitioner or petitioners fail to perform the promise made in the application, the board shall proceed no further thereon without the written consent of the adverse party.