Section 5. Unless otherwise provided by the agreement:—
(a) The arbitrators shall appoint a time and place for the hearing and cause written notice to the parties to be served personally or by registered mail not less than five days before the hearing. Appearance at the hearing shall constitute waiver of such notice. The arbitrators may adjourn the hearing from time to time and may conduct a hearing and make a ruling on the arbitrability of the controversy prior to receiving evidence on the merits. On request of a party and for good cause, or upon their own motion the arbitrators may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced, notwithstanding the failure of a party duly notified to appear. The court upon application of either party may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
(b) The parties shall have the right to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.
(c) The hearing shall be conducted by all the arbitrators, but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XXI - Labor and Industries
Chapter 150c - Collective Bargaining Agreements to Arbitrate
Section 1 - Legal Status of Agreements
Section 2 - Failure to Arbitrate; Application to Superior Court; Procedure
Section 3 - Arbitrators; Method of Appointment; Appointment by Court
Section 4 - Arbitrators; Powers
Section 5 - Notice; Effect of Appearance; Hearings
Section 6 - Representation by Attorney; Waiver
Section 7 - Award; Time; Waiver of Objections
Section 8 - Award; Modification; Time for Application; Notice
Section 10 - Confirmation of Award
Section 11 - Vacation of Award; Grounds; Application; Rehearing
Section 12 - Modification or Correction of Award; Grounds; Procedure
Section 13 - Effect of Judgment or Decree
Section 14 - Hearings in Superior Court; Time; Service of Notice