COLLECTIVE BARGAINING AGREEMENTS TO ARBITRATE

M.G.L. pt. Part I, tit. Title XXI, ch. c. 150C

in effect

M.G.L. c. 150C, § 1 Legal status of agreements

c. 150C, § 1. Legal status of agreements Section 1. A written agreement or a provision in a written agreement between a labor organization or organizations, as defined in subsection (5) of section two of chapter one hundred and fifty A, and an employer or employers or association or group of employers to submit to arbitration any existing controversy or any controversy thereafter arising between parties to the agreement, including but not restricted to any controversy dealing with rates of pay, wages, hours or other terms and conditions of employment of any employee or employees, shall be valid, enforceable and irrevocable, except as otherwise provided by law or in equity for the revocation of any contract.

M.G.L. c. 150C, § 2 Failure to arbitrate; application to superior court; procedure

c. 150C, § 2. Failure to arbitrate; application to superior court; procedure Section 2. (a) A party aggrieved by the failure or refusal of another to proceed to arbitration under an agreement described in section one may apply to the superior court for an order directing the parties to proceed to arbitration. The court shall order arbitration unless (1) the opposing party denies the existence of the agreement to arbitrate; or (2) the claim sought to be arbitrated does not state a controversy covered by the provision for arbitration; provided, that an order for arbitration shall not be refused where a dispute concerning the interpretation or application of the arbitration provision is itself made subject to arbitration or on the ground that the claim in issue lacks merit or bona fides or because no fault or grounds for the claim have been shown. In either event the court shall proceed summarily to the determination of the issue so raised and shall, if it finds for the applicant, order arbitration; otherwise, the application shall be denied. (b) Upon application, the superior court may stay an arbitration proceeding commenced or threatened if it finds (1) that there is no agreement to arbitrate, or (2) that the claim sought to be arbitrated does not state a controversy covered by the provision for arbitration and disputes concerning the interpretation or application of the arbitration provision are not themselves made subject to arbitration. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily determined, and if the court finds for the applicant it shall order a stay of arbitration, otherwise the court shall order the parties to proceed to arbitration; provided that an order to stay arbitration shall not be granted on the ground that the claim in issue lacks merit or bona fides or because no fault or grounds for the claim sought to be arbitrated have been shown. (c) If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under paragraph (a) of this section, the application shall be made therein. Otherwise and subject to section fifteen, the application may be made in any court of competent jurisdiction. (d) Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect to such issue only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.

M.G.L. c. 150C, § 3 Arbitrators; method of appointment; appointment by court

c. 150C, § 3. Arbitrators; method of appointment; appointment by court Section 3. If the arbitration agreement provides a method for the appointment of arbitrators, such method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or if an arbitrator appointed fails or is unable to act and his successor has not been duly appointed, the superior court on application of a party shall appoint the arbitrator. The court shall submit to the parties a list of five persons experienced in labor arbitration from which each party may delete two names and the appointment shall be made from the name or names remaining. An arbitrator so appointed shall have all the powers of an arbitrator specifically named in the agreement.

M.G.L. c. 150C, § 4 Arbitrators; powers

c. 150C, § 4. Arbitrators; powers Section 4. The powers of the arbitrators may be exercised by a majority thereof unless otherwise provided by the agreement or by this chapter.

M.G.L. c. 150C, § 5 Notice; effect of appearance; hearings

c. 150C, § 5. Notice; effect of appearance; hearings 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.

M.G.L. c. 150C, § 6 Representation by attorney; waiver

c. 150C, § 6. Representation by attorney; waiver Section 6. A party shall have the right to be represented by an attorney at any proceeding or hearing under this chapter, notwithstanding any waiver of such right prior to the proceeding or hearing.

M.G.L. c. 150C, § 7 Award; time; waiver of objections

c. 150C, § 7. Award; time; waiver of objections Section 7. (a) The award shall be in writing and signed by the arbitrators concurring in the award. The arbitrators shall deliver a copy of the award to each party personally or by registered mail, or as provided in the agreement. (b) An award shall be made within the time fixed by the agreement or, if said time is not so fixed, within such time as the court orders upon application of a party. The parties may by an agreement in writing extend the time either before or after the expiration thereof. A party shall be deemed to have waived the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him.

M.G.L. c. 150C, § 8 Award; modification; time for application; notice

c. 150C, § 8. Award; modification; time for application; notice Section 8. Upon application of a party or, if an application to the court is pending under sections ten, eleven or twelve, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in clauses (1) and (3) of paragraph (a) of section twelve, or may clarify or correct an award which is so indefinite or incomplete that it cannot be performed. The application shall be made within ten days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating that he must serve his objections thereto, if any, within ten days from the notice. The award so modified or corrected shall be subject to the provisions of sections ten, eleven and twelve.

M.G.L. c. 150C, § 9 Expenses and fees

c. 150C, § 9. Expenses and fees Section 9. Unless otherwise provided in the agreement to arbitrate, the arbitrator's expenses and fees, together with other expenses, except counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.

M.G.L. c. 150C, § 10 Confirmation of award

c. 150C, § 10. Confirmation of award Section 10. Upon application of a party, the superior court shall confirm an award, unless within the time limits, hereinafter imposed grounds are urged for vacating, modifying or correcting the award, in which case the court shall proceed as provided in sections eleven and twelve.

M.G.L. c. 150C, § 11 Vacation of award; grounds; application; rehearing

c. 150C, § 11. Vacation of award; grounds; application; rehearing Section 11. (a) Upon application of a party, the superior court shall vacate an award if:— (1) the award was procured by corruption, fraud or other undue means; (2) there was evident partiality by an arbitrator appointed as a neutral, or corruption in any of the arbitrators, or misconduct prejudicing the rights of any party; (3) the arbitrators exceeded their powers or rendered an award requiring a person to commit an act or engage in conduct prohibited by state or federal law; (4) the arbitrators refused to postpone the hearing upon a sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section five as to prejudice substantially the rights of a party; (5) there was no arbitration agreement and the issue was not adversely determined in proceedings under section two and the party did not participate in the arbitration hearing without raising the objection; but the fact that the award orders reinstatement of an employee with or without back pay or grants relief such that it could not grant or would not be granted by a court of law or equity shall not be ground for vacating or refusing to confirm the award. (b) An application under this section shall be made within thirty days after delivery of a copy of the award to the applicant, provided that, if such application is based upon a claim of corruption, fraud or other undue means it shall be made within thirty days after such grounds are known or should have been known. (c) In vacating the award on grounds other than stated in clause (5) of paragraph (a) the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with section three, or if the award is vacated on grounds set forth in clause (3) or (4) of paragraph (a), the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section three. The time within which the agreement requires the award to be made shall be applicable to the rehearing and shall commence from the date of the order. (d) If the application to vacate an award is denied and no motion to modify or correct the award is pending, the court shall confirm the award.

M.G.L. c. 150C, § 12 Modification or correction of award; grounds; procedure

c. 150C, § 12. Modification or correction of award; grounds; procedure Section 12. (a) Upon application made within thirty days after delivery of a copy of the award to the applicant, the superior court shall modify or correct the award if:— (1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award; (2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or (3) The award is imperfect in a matter of form, not affecting the merits of the controversy. (b) If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected; otherwise, it shall confirm the award as made. (c) An application to modify or correct an award may be joined in the alternative with an application to vacate the award.

M.G.L. c. 150C, § 13 Effect of judgment or decree

c. 150C, § 13. Effect of judgment or decree Section 13. Upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in conformity therewith and shall be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto, and disbursements in connection therewith may be awarded by the court.

M.G.L. c. 150C, § 14 Hearings in superior court; time; service of notice

c. 150C, § 14. Hearings in superior court; time; service of notice Section 14. Except as otherwise provided, an application to the superior court under this chapter shall be heard upon fourteen days' notice in the manner provided by law or rule of court for the hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of an original writ of summons.

M.G.L. c. 150C, § 15 Venue; removal of cases

c. 150C, § 15. Venue; removal of cases Section 15. An initial application shall be made to the superior court for a county in which two or more employees covered by the agreement described in section one have their place of employment, or to the superior court for the county of Suffolk, but if so presented to the superior court for the county of Suffolk, that court may, on motion of any party in interest, order the case removed to the superior court for a county in which a substantial portion of the employees covered by the agreement have their place of employment. All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs.

M.G.L. c. 150C, § 16 Appeals

c. 150C, § 16. Appeals Section 16. An appeal may be taken from (1) an order denying an application to compel arbitration made under paragraph (a) of section two; (2) an order granting an application to stay arbitration made under paragraph (b) of section two; (3) an order confirming or denying confirmation of an award; (4) an order modifying or correcting an award; (5) an order vacating an award without directing a rehearing; or (6) a judgment or decree entered pursuant to the provisions of this chapter. Such appeal shall be taken in the manner and to the same extent as from orders or judgments in an action.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter150CFetched: 10/20/2026