EOLWD MassDLR Update

As most parties know, the reorganization statute, Chapter 145 of the Acts of 2007, mandates that the DLR conduct in-person investigations of prohibited practice charges.  In order to avoid repeated postponements and delays, the DLR has implemented the following procedure to ensure that parties are able to obtain a probable cause determination as soon as possible:

1. The Parties are directed to confer as soon as possible in order to schedule the In-Person Investigation and must agree on up to three (3) dates within sixty (60) days of the issuance of the Notice that the Charge has been filed.  In addition, the Parties are directed to discuss whether they are willing to engage the services of a DLR Mediator.
2. The Charging Party is responsible for conferring with the Respondent or the Respondent’s representative in order to identify up to three (3) such dates and shall then fax a completed copy of this form to the DLR at 617-626-7157.
3. The Charging Party is responsible for conferring with the Respondent or the Respondent’s representative in order to determine whether the parties are willing to employ the services of a DLR mediator for possible settlement.
4. Based upon the availability of Hearing Rooms and/or Investigators, the DLR will then issue a formal Notice of In-Person Investigation.  Once the parties have agreed upon a date, the DLR will not grant postponements of an in-person investigation without good cause or written mutual consent of all parties.  In addition, prior to granting as postponement, the DLR will require the parties to agree upon a new date for the investigation.
5. In-Person Investigations will be held in the DLR’s offices located at 19 Staniford Street, 1st Floor, Charles F. Hurley Building, Boston, MA 02114.  Upon request, the investigation will be held at the DLR Springfield Office, 436 Dwight Street, Springfield.
6. All mediations will take place at a location that is mutually agreeable to the parties.