Labor Relations - Public Employees (M.G.L.c. 150E) (456 CMR) (DLR Forms) (Massachusetts Department of Labor Relations)

• Employees of the Commonwealth, any county, city, town, district or poltical subdivision, with some exceptions, have the right:
  
  • of self-organization and the right to form, join or assist any employee organization for the purpose of bargaining collectively through representatives of their own choosing on questions of wages, hours and other terms and conditions of employment;
    
  • to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection, free from interference, restraint or coercion; and
    
  • to refrain from any or all of such activities, except to the extent of making payment of service fees and reasonable costs and fees, including arbitrator fees and related attorney fees, to an exclusive representative. (M.G.L.c. 150E, s. 2)
    
  
  
• Excluded employees include elected or appointed officials, members of any board or commission, managerial and confidential employees. (M.G.L.c. 150E, s. 1)


• The Department of Labor Relations determines the appropriate bargaining units; however, no unit can include both professional and nonprofessional employees unless a majority of such professional employees votes for inclusion in such unit. (M.G.L.c. 150E, s. 3)


• The Department conducts secret ballot elections in response to representation petitions supported by sufficient employee interest and certifies any employee organization which receives a majority of the votes in such election as the exclusive representative of such employees. (M.G.L.c. 150E, s. 4)


• Employers must bargain in good faith with labor organizations which represent its employees over wages, hours and other terms and conditions of employment. (M.G.L.c. 150E, s. 6)


• Any collective bargaining agreement reached between the employer and the exclusive representative cannot exceed a term of three years; however, the parties may agree to include a provision in a collective bargaining agreement that the agreement's terms shall remain in full force and effect beyond the 3 years until a successor agreement is voluntarily negotiated by the parties. (M.G.L.c. 150E, 7(a))


• Impasse in negotiations:
  
  • After a reasonable period of negotiation over the terms of a collective bargaining agreement, either party may petition the Department of Labor Relations for a determination of the existence of an impasse. If the Department determines an impasse exists, the Department will appoint a mediator to assist the parties in the resolution of the impasse, or the parties may agree upon a person to serve as a mediator.
    
  • If the impasse continues after the conclusion of mediation, either party may petition the Department to initiate fact-finding proceedings. The Department will appoint a fact-finder, or the parties may agree upon a person to serve as fact-finder. The fact-finder will transmit his findings and any recommendations for the resolution of the impasse to the Department and to both parties within thirty days after the record being closed. If the impasse continues after the publication of the fact-finder's report, the issues in dispute will be returned to the parties for further bargaining.
    
  • The parties may mutually waive the fact-finding provisions and may petition the Department for arbitration. Any arbitration award in a proceeding voluntarily agreed to by the parties to resolve an impasse shall be binding on the parties.
    
  • Upon the filing of a petition with the Department for a determination of an impasse following negotiations for a successor agreement, an employer cannot implement unilateral changes until the collective bargaining process, including mediation, fact finding or arbitration, if applicable, is completed. (M.G.L.c. 150E, s. 9)
    
  
  
• Public employees cannot engage in a strike. (M.G.L.c. 150E, s. 9A)
  


• Public employers cannot:
  
  • Interfere, restrain or coerce any employee in the exercise of any right guaranteed under this statute;
    
  • Dominate, interfere or assist in the formation, existence or administration of any employee organization;
    
  • Discriminate in regard to hiring, tenure or any term or condition of employment to encourage or discourage membership in any employee organization;
    
  • Discharge or otherwise discriminate against an employee because he has signed or filed an affidavit, petition or complaint or given any information or testimony under this statute or because he has informed, joined or chosen to be represented by an employee organization;
    
  • Refuse to bargain collectively in good faith with the exclusive representative; or
    
  • Refuse to participate in good faith in the mediation, fact-finding and arbitration procedures. (M.G.L.c. 150E, s. 10(a))
    
  
  
• Employee organizations cannot:
  
  • Interfere, restrain or coerce any employer or employee in the exercise of any right guaranteed under this statute;
    
  • Refuse to bargain collectively in good faith with the public employer; or
    
  • Refuse to participate in good faith in the mediation, fact-finding and arbitration procedures. (M.G.L.c. 150E, s. 10(b))
    
  
  
• Retaliation claims under this statute follow the three-stage, burden-shifting paradigm set forth in McDonnel Douglas Corp. v. Green , 411 U.S. 792, 802-805 (1973). Trustees of Forbes Library v. Labor Relations Commission, 384 Mass. 559, 567 (1981)


• To be timely charges must be filed with the Department of Labor Relations within 6 months of the last act of discrimination or retaliation. (456 CMR 15.04)