Burden of Proof
Effective Sep 23, 2016Mass. Register #1322MGL c. 23, §§ 9O, 9P, 9T(c), (d) MGL c. 150E, §§ 12 through 14Department of Labor Relations
- (1) When a complaint issued under 456 CMR 17.00 alleges that a service fee is invalid under 456 CMR 17.02 or 17.04, the burden of proof shall be on the charging party to establish the defects by a preponderance of the evidence.
- (2) When a complaint issued under 456 CMR 17.00 alleges that part or all of the amount of a service fee is impermissible under 456 CMR 17.03, the burden of proof shall be on the exclusive bargaining agent to establish by a preponderance of the evidence that the contested amounts are permissible.