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The 191st General Court of the Commonwealth of Massachusetts

Section 9T: Director of division; appointment; powers and duties

Section 9T. (a) The division shall be administered by a director, who shall be appointed by the governor to serve for a term coterminous with that of the governor. The position of director shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The director shall devote her full time to the duties of her office and shall not engage in other employment or business activities during regular business hours.

(b) The appointment or reappointment of the director of the division shall be made by the governor from names submitted to the governor by the advisory council. Before any appointment or reappointment to the position of director of the division, the advisory council shall review all applications for such nominations and consider the following factors: (1) basic understanding of the commonwealth's public sector labor relations law; (2) skills and experience in managing organizations; and (3) any other relevant experience and education. The advisory council shall rank each candidate as qualified, unqualified, or highly qualified. The governor may select 1 of the candidates recommended by the advisory council; provided, however, that the governor may decline to appoint any of the proffered candidates, in which case the council shall reopen the application process and submit new candidates for the governor's consideration. Any director may be removed by the governor for neglect of duty or malfeasance in office, or for the division's failure to meet the performance standards as set forth in subsection (d) of section 9Q, but for no other cause.

(c) The director shall be the executive and administrative head of the division and shall have charge of the administration of the division. The director shall have the authority, pursuant to chapter 30A, and after consultation with the advisory council and the members of the commonwealth employment relations board, to issue any regulation for the enforcement and administration of the provisions of this section and the 3 following sections, as well as chapters 150, 150A, and 150E. The director shall prepare an annual operating budget and other funding requirements and requests pursuant to this chapter to be submitted to the executive office of labor and workforce development.

(d) In addition to the responsibilities specified above, the director's duties shall include, but not be limited to, the following:

(i) the training of newly appointed board members, hearing officers, mediators, arbitrators, investigators, and any other staff as to their responsibilities and powers, including, but not limited to: the conduct of investigations, conferences, hearings, and mediations; the prompt, clear, and concise writing of decisions; and the prompt resolution of labor disputes brought to the attention of the division;

(ii) the establishment of an annual training program to instruct all board members, hearing officers, mediators, arbitrators, investigators, and any other staff as the director deems appropriate, in matters related to their professional development;

(iii) the establishment of reasonable criteria, in conjunction with the general counsel, and after consultation with the advisory council, upon which to perform an annual review of each board member;

(iv) the establishment of performance standards for all of the functions of the division;

(v) the appropriate allocation of all disputes brought to the attention of the division, to ensure that all professional staff receive balanced and equitable case loads; and

(vi) the hiring, supervision, and evaluation of hearing officers, mediators, arbitrators, investigators, and other staff, for the purpose of fostering more effective resolution of disputes brought to the attention of the division.

(e) While the director shall have oversight over the performance of hearing officers, arbitrators, and other staff, neither the director nor any other person may interfere with, influence, or overrule any written opinion issued by the division's staff or by the board. Any such decision may only be overruled by the members of the commonwealth employment relations board or a court, in accordance with applicable law.