1. (1) During the pendency of a petition filed pursuant to M.G.L. c. 150E, § 4 any party to the petition may file a motion with the Department requesting that a pending prohibited practice charge "block" the conduct of an election. Such motion shall include a complete statement of the reasons supporting such motion and evidence sufficient to establish probable cause to believe that:

   1. (a) The conduct alleged in the prohibited practice charge has occurred;
   2. (b) The alleged conduct violates M.G.L. c. 150E; and
   3. (c) The alleged unlawful conduct may interfere with the conduct of a valid election.
2. (2) Upon receipt of such a motion the Department may investigate the matter, issue a notice to the other parties to the election to show cause why the motion should not be granted, or conduct further proceedings to dispose of the matter.

REGULATORY AUTHORITY

456 CMR 15.00: M.G.L. c. 23, §§ 9O, 9T(c), 9T(d); c. 150E, §§ 11, 10, 13, 14; c. 150A, §§ 6,

6B, 7 and 8.