Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1149 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2279 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1149
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Nick Collins
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to collective bargaining right.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Nick CollinsFirst Suffolk 1 of 6
16	16	SENATE DOCKET, NO. 2279 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1149
18	18	By Mr. Collins, a petition (accompanied by bill, Senate, No. 1149) of Nick Collins for legislation
19	19	relative to collective bargaining right. Labor and Workforce Development.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to collective bargaining right.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 If an employee organization duly recognized as representing employees of the
29	29	2commonwealth is engaged in an impasse with the commonwealth which has continued for thirty
30	30	3days after the publication of the fact-finders report pursuant to section nine of chapter one
31	31	4hundred and fifty E of the General Laws, or, if the parties have mutually waived the fact-finding
32	32	5provisions contained in said section nine of said chapter one hundred and fifty E, said employee
33	33	6organization shall petition the board to make an investigation. If, after an investigation, the board
34	34	7determines that: 1. the requirements of section nine of said chapter one hundred and fifty E have
35	35	8been complied with in good faith by the employee organization; 2. thirty days have passed since
36	36	9the date of publication of the fact-finding report pursuant to said section nine; 3. the proceedings
37	37	10for the prevention of any prohibited practices have been exhausted, provided that any such
38	38	11complaints have been filed with the commission prior to the date of the fact-finders report; and 4.
39	39	12an impasse exists, the board shall notify the commonwealth and the employee organization that 2 of 6
40	40	13the issues in dispute shall be resolved by a three-member arbitration panel, or when the parties
41	41	14mutually agree, the board shall select a single arbitrator in lieu of the arbitration panel.
42	42	15 Said panel shall be comprised of three arbitrators, one selected by the employee
43	43	16organization, and a third impartial arbitrator, who shall act as chairman of the panel, who shall be
44	44	17selected by the two previously selected arbitrators. In the event that either party fails to select an
45	45	18arbitrator or for any reason there is a delay in the naming of an arbitrator, or if the arbitrators fail
46	46	19to select a third arbitrator within the time prescribed by the board, the board shall appoint the
47	47	20arbitrator or arbitrators necessary to complete the panel, which shall act with the same force and
48	48	21effect as if the panel had been selected without intervention of the board. In the event that the
49	49	22parties mutually elect to use a single arbitrator, selected by the board, the parties shall
50	50	23immediately request the board to appoint said arbitrator, who shall act with the same force and
51	51	24effect as if a three member panel had been selected by the parties. The single arbitrator or the
52	52	25arbitration panel acting through its chairman, shall conduct a hearing within ten days after the
53	53	26date of appointment of its chairman, at a place mutually convenient to both parties, where
54	54	27feasible. The chairman shall give at least seven days notice in writing to each of the other
55	55	28arbitrators. The chairman or single arbitrator shall give like notice to the representative of the
56	56	29Commonwealth and employee organizations of the time and place of such hearing.
57	57	30 The single arbitrator or chairman shall preside over the hearing and shall take testimony.
58	58	31Upon application and for good cause shown, a person, labor organization, or governmental unit
59	59	32having substantial interest therein may be granted leave to intervene by the arbitration panel. The
60	60	33proceedings shall be informal. Any oral or documentary evidence and other data deemed relevant
61	61	34by the arbitration panel or single arbitrator may be received into evidence. The arbitrators shall
62	62	35have the power to administer oaths and to require by subpoena the attendance and testimony of 3 of 6
63	63	36witnesses, the production of books, records, and other evidence relative to or pertinent to the
64	64	37issues presented to them for determination. If any person refuses to obey a subpoena or refuses to
65	65	38be sworn or to testify, or if any witness, party, or attorney is guilty of any contempt while in
66	66	39attendance at any hearing, the arbitration panel or single arbitrator may, or the district attorney if
67	67	40requested, shall invoke the aid of the superior court within the jurisdiction in which the hearing is
68	68	41being held, which court shall issue an appropriate order. A record of the proceedings shall be
69	69	42kept, and the chairman or single arbitrator shall arrange for the necessary recording service.
70	70	43Transcripts may be ordered at the expense of the party ordering them, but the transcripts shall not
71	71	44be necessary for an award by the panel or single arbitrator. The hearing may be continued at the
72	72	45discretion of the panel or single arbitrator and shall be concluded within forty days from the time
73	73	46of commencement. At the conclusion of the hearing, each party shall submit a written statement
74	74	47containing its last and best offer for each of the issues in dispute to the panel or single arbitrator,
75	75	48who shall take said statements under advisement.
76	76	49 Within ten days after the conclusion of the hearing, a majority of the panel, or the single
77	77	50arbitrator, shall select as the last and best arbitration award either the commonwealth's written
78	78	51statement of its last and best offer, the employee organization's written statement of its last and
79	79	52best offer, or the recommendations of the fact-finder, if a fact-finding report and
80	80	53recommendations have been issued, and immediately shall give written notice of the selection to
81	81	54the parties. The selection shall be final and binding upon the parties and upon the appropriate
82	82	55legislative body. Within thirty calendar days of the last and best offer selection and award, the
83	83	56impartial chairperson of the arbitration panel or, the single arbitrator, shall issue a written
84	84	57opinion inclusive of an analysis of all statutory factors applicable to the proceedings. At any time
85	85	58before the rendering of an award, the chairman of the arbitration panel or single arbitrator, if he 4 of 6
86	86	59is of the opinion that it would be useful or beneficial to do so, may remand the dispute to the
87	87	60parties for further collective bargaining for the period not to exceed three weeks and notify the
88	88	61board of the remand. If the dispute is remanded for further collective bargaining the time
89	89	62provisions of this act shall be extended for a time period equal to that of the remand.
90	90	63 In the event that the representatives of the parties mutually resolve each of the issues in
91	91	64dispute and agree to be bound accordingly, said representatives may, at any time prior to the final
92	92	65decisions by the panel, or single arbitrator, request that the arbitration proceedings be terminated,
93	93	66the panel, acting through its chairman or single arbitrator, shall terminate the proceedings. The
94	94	67factors among others, to be given weight by the arbitration panel or single arbitrator in arriving at
95	95	68the decision shall include: (1) The financial ability of the commonwealth to meet costs. Such
96	96	69factors which shall be taken into consideration shall include but not be limited to: (a) the city,
97	97	70town, or district's state reimbursements and assessments; (b) the city, town, or district's long and
98	98	71short-term bonded indebtedness; (c) the city, town, or district's estimated share in the
99	99	72metropolitan district commission deficit; (d) the city, town, or district's estimated share in the
100	100	73Massachusetts Bay Transportation Authority's deficit; and (e) consideration of the average per
101	101	74capita property tax burden, average annual income of members of the community, the effect any
102	102	75accord by the panel or single arbitrator might have on the respective property tax rates of the city
103	103	76or town. (2) The interests and welfare of the public. (3) The hazards of employment, physical,
104	104	77educational and mental qualifications, job training and skills involved. (4) A comparison of
105	105	78wages, hours and conditions of employment of the employees involved in the arbitration
106	106	79proceedings with the wages, hours and conditions of employment of other employees performing
107	107	80similar services and with other employees generally in public and private employment in
108	108	81comparable communities. (5) The decisions and recommendations of the fact-finder, if any. (6) 5 of 6
109	109	82The average consumer prices for goods and services, commonly known as the cost of living. (7)
110	110	83The overall compensation presently received by the employees, including direct wages and
111	111	84fringe benefits. (8) Changes in any of the foregoing circumstances during the pendency of the
112	112	85arbitration proceedings. (9) Such other factors, not confined to the foregoing, which are normally
113	113	86or traditionally taken into consideration in the determination of wages, hours and conditions of
114	114	87employment through voluntary collective bargaining, mediation, fact-finding, arbitration or
115	115	88otherwise between parties, in the public service or in private employment. (10) The stipulation of
116	116	89the parties.
117	117	90 Any determination or decision of the arbitration panel or single arbitrator if supported by
118	118	91material and substantive evidence on the whole record shall be binding upon the parties and may
119	119	92be enforced at the instance of either party, the single arbitrator or the arbitration panel in the
120	120	93superior court in equity, provided however, that the scope of arbitration in police matters shall be
121	121	94limited to wages, hours, and conditions of employment and shall not include the following
122	122	95matters of inherent managerial policy: the right to appoint, promote, assign, and transfer
123	123	96employees; and provided, further, that the scope of arbitration in firefighter matters shall not
124	124	97include the right to appoint and promote employees. Assignments shall not be within the scope;
125	125	98provided, however, that the subject matters of initial station assignment upon appointment or
126	126	99promotion shall be within the scope of arbitration. The subject matter of transfer shall not be
127	127	100within the scope of arbitration, provided however, that the subject matters of relationship of
128	128	101seniority to transfers and disciplinary and punitive transfers shall be within the scope of
129	129	102arbitration. Notwithstanding any other provisions of this chapter to the contrary, the
130	130	103commonwealth shall be required to negotiate over subjects of minimum manning of shift
131	131	104coverage. 6 of 6
132	132	105 The commencement of a new fiscal year prior to the final awards by the arbitration panel
133	133	106shall not be deemed to render a dispute moot or to otherwise impair the jurisdiction or authority
134	134	107of the arbitration panel or its award. Any award of the arbitration panel shall be retroactive to the
135	135	108expiration date of the last contract. If the commonwealth, or an employee organization willfully
136	136	109disobeys a lawful order of enforcement pursuant to this section, or willfully encourages or offers
137	137	110resistance to such order, whether by strike or otherwise, the punishment for each day that such
138	138	111contempt continues may be a fine for each day to be determined at the discretion of said court.
139	139	112Each of the parties shall provide compensation for the arbitrator which he has selected pursuant
140	140	113to this section. The remaining costs of arbitration proceedings under this section shall be divided
141	141	114equally between the parties. Compensation for the arbitrators shall be in accordance with a
142	142	115schedule of payment established by the American Arbitration Association.