Audit of the Department of Labor Relations
May 15, 2019 · Department of Labor Relations · Read the full official report on mass.gov ↗
source
“Below is a summary of our findings and recommendations, with links to each page listed.”
Read the plain-English breakdown
This is a performance audit of the Massachusetts Department of Labor Relations covering July 1, 2016 through June 30, 2018.
“In this performance audit, we examined DLR’s administration of its dispute resolution case management activities.”
The State Auditor reviewed whether DLR had time standards for handling cases and whether it met the standards it had set.
“Below is a list of our audit objectives, indicating each question we intended our audit to answer, the conclusion we reached regarding each objective, and where each objective is discussed in the audit findings.”
DLR handles labor disputes, so delays and weak tracking can affect workers, unions, employers, and public accountability.
“Without time standards, DLR cannot ensure that these case types are resolved promptly.”
If you are a public employee, union member, employer, or taxpayer, better case tracking could mean labor disputes are handled more predictably and state officials get better information about agency performance.
“Because DLR did not submit this information when required, the Legislature may not have had sufficient information to assess DLR’s performance or provide it with sufficient resources for the following fiscal year.”
The auditor found four main problems: DLR lacked time standards for some cases, missed some existing standards, filed at least one annual report late, and had deficiencies in its internal control plan.
“There were deficiencies in DLR’s internal control plan (ICP).”
DLR said it would review workflows, consider new time standards or check-in points, improve monitoring, file reports on time, and update its internal control plan annually.
“DLR will review and update the ICP on an annual basis in conjunction with the completion of the Comptroller's annual Internal Control Questionnaire and certification, or more frequently if required by operational changes.”
The audit matters because DLR had 1,704 cases in the period reviewed, and more than a quarter were in categories without established time standards.
“These six case types accounted for 487 (28.58%) of the 1,704 cases that were administered during the audit period, as shown below.”
“Time standards” means target deadlines for moving cases through steps and finishing them. “Internal control plan” means the agency’s written plan for identifying risks and making sure its work is properly managed.
“For the purpose of case management, a case life cycle represents the total time from the opening to the closing of a case.”
What the Auditor checked
- Did not comply Did DLR have case flow management time standards for the processing of all types of cases?
- Did not comply Did DLR meet the time standards it has established for the processing of cases?
What the Auditor found
Why it matters: Without time standards, DLR cannot ensure that these case types are resolved promptly.
Standard: Section 9O of Chapter 23 of the Massachusetts General Laws and Massachusetts Superior Court Standing Order 1-88 as a best practice for case management time standards. ( Section 9O of Chapter 23 of the Massachusetts General Laws; Massachusetts Superior Court Standing Order 1-88: Time Standards )
1 recommendation
- DLR should reexamine its case workflows and, where practicable, establish time standards for the processing of case phases and overall case life cycles. For cases where it is not feasible to establish time standards, DLR should establish check-in points to facilitate processing.agency: agreed
Agency response & Auditor reply
Agency: "DLR will review the workflow processes of all case types and determine the appropriateness of establishing time standards."
Auditor: "Based on its response, DLR is taking measures to address our concerns in this area."
Why it matters: DLR management may not identify and address case resolution delays in a timely manner, which could result in backlogs and economic losses for public employees.
Standard: DLR’s Green Book time standards for Unfair Labor Practice, Grievance Arbitration, and Clarification/Amendment Petition cases. ( A Guide to the Massachusetts Public Employee Collective Bargaining Law )
1 recommendation
- DLR should develop monitoring controls regarding the completion of case phases and life cycles.agency: agreed
Agency response & Auditor reply
Agency: "The time standards set forth in the DLR’s “Guide to Massachusetts Public Employee Collective Bargaining Law” (the Green Book) were not based on any historical data and were understood to be aspirational challenge goals."
Why it matters: The Legislature may not have had sufficient information to assess DLR’s performance or provide sufficient resources for the following fiscal year.
Standard: Section 9U of Chapter 23 of the Massachusetts General Laws requires DLR to submit a detailed annual report within 120 days of fiscal year close. ( Section 9U of Chapter 23 of the Massachusetts General Laws )
1 recommendation
- DLR should develop policies and procedures to ensure that it files its annual report within 120 days of the close of its fiscal year.agency: agreed
Agency response & Auditor reply
Agency: "The DLR timely completed the required annual report, however, it did not submit it to the Legislature within the established timeframe."
Why it matters: DLR risks not meeting operational objectives efficiently or complying with state laws, regulations, and other authoritative guidance.
Standard: Chapter 647 of the Acts of 1989 and the Office of the Comptroller of the Commonwealth’s Internal Control Guide require annual review and ERM-based internal control plans. ( Chapter 647 of the Acts of 1989; Office of the Comptroller of the Commonwealth Internal Control Guide )
2 recommendations
- DLR should take the measures necessary to ensure that its ICP complies with CTR’s Internal Control Guide.agency: agreed
- DLR should establish policies and procedures for the annual review of its ICP as well as monitoring controls to ensure that these policies and procedures are adhered to.agency: agreed
Agency response & Auditor reply
Agency: "DLR is currently working with the [Executive Office of Labor and Workforce Development’s] Department of Internal Control and Security to ensure its ICP complies with the Office of the Comptroller of the Commonwealth’s Internal Control Guide."
More audits of this entity
Other Office of the State Auditor reports on Department of Labor Relations .
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Audit of Settlement Agreements and Confidentiality Clauses Across Multiple State Agencies - Department of Labor Relations (January 28, 2025)State Agency / Office · January 28, 2025