LABOR RELATIONS

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

in effect

M.G.L. c. 150A, § 1 Public policy

c. 150A, § 1. Public policy Section 1. The denial by employers of the right of employees to organize and the refusal by employers to accept the procedure of collective bargaining lead to strikes and other forms of industrial strife or unrest, which have the intent or the necessary effect of burdening or obstructing industry and trade by (a) impairing the efficiency, safety or operation of the instrumentalities of industry and trade; (b) occurring in the current of industry and trade; (c) materially affecting, restraining or controlling the flow of raw materials or manufactured or processed goods, or the prices of such materials or goods; or (d) causing diminution of employment and wages in such volume as substantially to impair or disrupt the market for such goods in industry or trade. The inequality of bargaining power between employees who do not possess full freedom of association or actual liberty of contract, and employers who are organized in the corporate or other forms of ownership association substantially burdens and affects industry and trade, and tends to aggravate recurrent business depressions, by depressing wage rates and the purchasing power of wage earners in industry and by preventing the stabilization of competitive wage rates and working conditions within and between industries. Experience has proved that protection by law of the right of employees to organize and bargain collectively safeguards industry and trade from injury, impairment or interruption, and promotes the flow of industry and trade by removing certain recognized sources of industrial strife and unrest, by encouraging practices fundamental to the friendly adjustment of industrial disputes arising out of differences as to wages, hours or other working conditions, and by restoring equality of bargaining power between employers and employees. It is hereby declared to be the policy of the commonwealth to eliminate the causes of certain substantial obstructions to the free flow of industry and trade and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection. It is further declared to be the policy of the commonwealth, in the interests of preserving the continuity and improving the quality of health care within the commonwealth: (a) to promote collective bargaining between health care facilities and their nurse employees and nonprofessional employees, except members of religious orders, irrespective of whether or not any such facility is operated for profit or as a public charity; (b) to protect the right of nurse employees and nonprofessional employees of health care facilities, except members of religious orders, to organize and select collective bargaining representatives of their own choosing; (c) to prevent lockouts, strikes, slowdowns or withholding of goods and services in health care facilities; and (d) to provide for arbitration of disputes or grievances arising between health care facilities and their nurse employees and nonprofessional employees if they cannot be adjusted through collective bargaining. It is further declared to be the policy of the commonwealth, in the interest of allowing certain employees full freedom of associations and to eliminate strife and other obstructions: (a) to promote collective bargaining between nonprofit institutions and their nonprofessional employees, except members of religious orders, (b) to protect the right of nonprofessional employees of nonprofit institutions, except members of religious orders, to organize and select collective bargaining representatives of their own choosing, and (c) to prevent lockouts, strikes, slowdowns or withholding of goods or services in nonprofit institutions. It is further declared to be the policy of the commonwealth, in the interest of allowing certain employees full freedom of association and to eliminate strife and other obstructions: (a) to promote collective bargaining between vendors who contract with or receive funds from the commonwealth or its political subdivisions, or both, to provide social, protective, legal, medical, custodial, rehabilitative, respite, nutritional, employment, educational, training, and other similar services to the commonwealth or its political subdivisions and their employees; (b) to protect the right of employees of such vendors to organize and select collective bargaining representatives of their own choosing; (c) to prevent lockouts, strikes, slowdowns or withholding of goods or services.

M.G.L. c. 150A, § 2 Definitions

c. 150A, § 2. Definitions Section 2. When used in this chapter— (1) The term ''person'' includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. (2) The word ''employer'' shall include any person acting in the interest of an employer, directly or indirectly, and shall include any health care facility, any nonprofit institution, and any vendor who contracts with or receives funds from the commonwealth or its political subdivisions, or both, to provide social, protective, legal, medical, custodial, rehabilitative, respite, nutritional, employment, educational, training, and other similar services to the commonwealth or its political subdivisions, but shall not include the commonwealth or political subdivision thereof, except in the case of a health care facility, or any labor organization, other than when acting as an employer, or anyone acting in the capacity of officer or agent of such labor organization. (3) Except as otherwise provided in section three A, the word ''employee'' shall include any employee, and shall not be limited to the employees of a particular employer, unless the chapter explicitly states otherwise, and shall include any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, and shall include any nurse or nonprofessional employee of a health care facility or of any nonprofit institution, except members of religious orders, or any employees of vendors who contract with or receive funds from the commonwealth or its political subdivisions to provide social, protective, legal, medical, custodial, rehabilitative, respite, nutritional, employment, educational, training, and other similar services to the commonwealth or its political subdivisions, but shall not include any individual employed as an agricultural worker, except as provided in section five A, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse. (4) The term ''representatives'' includes any individual or labor organization. (5) The term ''labor organization'' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. (6) The term ''unfair labor practice'' means any unfair labor practice listed in section four. (7) The term ''labor dispute'' includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment regardless of whether the disputants stand in the proximate relation of employer and employee. (8) The term ''commission'' means the labor relations commission existing under section nine O of chapter twenty-three. (9) The term ''one-man unit'' means a single employee of an employer who employs more than one employee in the same occupation within the commonwealth. (10) The term ''health care facility'' shall include any person, including the commonwealth or any political subdivision thereof, acting in the interest of an employer, directly or indirectly, and engaged, whether or not for profit or as a public charity, in the operation of a general, mental, chronic disease, tuberculosis, or other type of hospital, clinic or infirmary, of a convalescent or nursing home, of a visiting nurses association, of a public health agency, or of any related facility such as a laboratory, an outpatient department, a nurses' home or a training facility. (11) The term ''nurse employee'' means any registered nurse or licensed practical nurse, except that it does not include any member of a religious order. (12) The term ''written majority authorization'' shall mean writings signed and dated by employees in the form of authorization cards, petitions or such other written evidence that the commission finds suitable, in which a majority of employees in a unit appropriate for the purposes of collective bargaining designates or selects a labor organization as its representative for the purposes of collective bargaining and certifies the designation to be its free act and deed and given without consideration. Employee signatures shall be dated within the 12 months preceding the date on which the writings are proffered to establish majority and exclusive representative status within the meaning of subsection (a) of section 5.

M.G.L. c. 150A, § 3 Rights of employees

c. 150A, § 3. Rights of employees Section 3. Employees, or a single employee in a one-man unit, shall have the right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection. An employee shall also have the right to refrain from any such activities, except to the extent of making payment of service fees to an exclusive representative.

M.G.L. c. 150A, § 3A Domestic service employee defined; violations; discharge; presumption; damages; costs

c. 150A, § 3A. Domestic service employee defined; violations; discharge; presumption; damages; costs Section 3A. Anything contained in this chapter to the contrary notwithstanding as regards sections one, two, three, four (1), four (4), ten, eleven and twelve, the term ''employee'' shall include any individual, over the age of seventeen, employed in the domestic service of any family or person at his home for not less than sixteen hours per week. In the event of a violation of section four (1) or four (4) by an employer of any such individual, the department of labor relations shall have all necessary and appropriate powers to conduct an investigation of such violation. The discharge of any such individual, within three months after the making of a report or complaint of any violation of section four (1) or four (4), known to the employer, shall create a rebuttable presumption that such discharge is a reprisal against such individual. In such case, the employer of such individual shall be liable for damages which shall not be less than one month's wages nor more than two months' wages of such individual, and the costs of the suit, including a reasonable attorney's fee.

M.G.L. c. 150A, § 4 Unfair labor practices by employers

c. 150A, § 4. Unfair labor practices by employers Section 4. It shall be an unfair labor practice for an employer— (1) To interfere with, restrain or coerce employees in the exercise of the rights guaranteed in section three. (2) To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it; provided, that, subject to rules and regulations made and published by the commission pursuant to section nine R of chapter twenty-three, an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay. An employer shall not be prohibited from paying regular initiation fees, dues and assessments to any labor organization in which he is a member or is eligible for membership. (3) By discrimination in regard to hire or tenure of employment or any term or condition of employment, to encourage or discourage membership in any labor organization; provided, that nothing in this chapter shall preclude an employer from making and carrying out, except as provided in subsection six hereof, an agreement with a labor organization (not established, maintained or assisted by any action defined in this chapter as an unfair labor practice) to require as a condition of employment membership therein, if such labor organization is the representative of the employees as provided in subsection (a) of section five in the appropriate collective bargaining unit covered by such agreement when made, but no such agreement shall be deemed to apply to any employee who is not eligible for full membership and voting rights in such labor organization. (4) To discharge or otherwise discriminate against an employee because he has filed charges or given testimony under this chapter. (5) To refuse to bargain collectively with the representatives of his employees, subject to the provisions of subsection (a) of section five. (6) To discharge or otherwise discriminate against any employee because he is not a member in good standing of a labor organization with whom the employer has made an agreement to require as a condition of employment membership therein, unless (A) Such labor organization shall have certified to the employer that such employee— (1) Was denied admission to, or deprived of, membership in good standing as a result of a bona fide occupational disqualification or the administration of discipline; and (2) Has exhausted the remedies available to him within the labor organization including any right of appeal permitted by its constitution or by-laws; and (B) Such employee shall have exhausted the remedies available to him under sections six A and six B.

M.G.L. c. 150A, § 4A Unfair labor practices by individuals or labor organizations

c. 150A, § 4A. Unfair labor practices by individuals or labor organizations Section 4A. It shall be an unfair labor practice for any person or labor organization— (1) To seize or occupy unlawfully private property as a means of forcing settlement of a labor dispute; or (2) To authorize or engage in any strike, slowdown, boycott or other concerted cessation of work or withholding of patronage for the purpose of— (a) Bringing about, directly or indirectly, the commission of any unfair labor practice, or (b) Injuring or interfering with the trade or business of any person because such person has refused to commit an unfair labor practice; or (c) Interfering with, restraining or coercing employees in their choice or rejection of representatives for the purpose of collective bargaining after the commission has determined in a proceeding under section five that such employees do not desire to be represented by such labor organization; or (3) To aid in any concerted activities of the types described in this section by giving direction or guidance in the conduct thereof or by providing funds for the payment of strike, unemployment or other benefits to persons participating therein; or (4) To interfere with, restrain or coerce an employer or employee in the exercise of a right guaranteed under this chapter.

M.G.L. c. 150A, § 4B Refusal to bargain collectively with employer

c. 150A, § 4B. Refusal to bargain collectively with employer Section 4B. It shall be an unfair labor practice for a labor organization to refuse to bargain collectively with any employer who has recognized it as the exclusive representative of employees in a unit appropriate for the purposes of collective bargaining.

M.G.L. c. 150A, § 4C Health care facilities; unfair labor practices by employers or employees

c. 150A, § 4C. Health care facilities; unfair labor practices by employers or employees Section 4C. It shall be an unfair labor practice:— (1) For any health care facility or any charitable home for the aged to institute, declare or cause, or to attempt to institute, declare or cause, any lockout of any of its nurse or nonprofessional employees; or (2) For any nurse or nonprofessional employee of a health care facility or of any charitable home for the aged, or for a representative of any such employee, or for any other person, to engage in, induce or encourage any strike, work stoppage, slowdown or withholding of customary goods or services by such employees or other persons at such health care facility or home.

M.G.L. c. 150A, § 5 Representatives; determining and certifying; grievances; units; review; proceedings to enforce or review orders

c. 150A, § 5. Representatives; determining and certifying; grievances; units; review; proceedings to enforce or review orders Section 5. (a) Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, including representatives selected or designated by an individual in a one-man unit, shall be the exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment; provided, that any individual employee or a group of employees shall have the right at any time to present grievances to their employer. (b) The commission shall decide in each case whether, in order to insure to employees the full benefit of their right to self-organization and to collective bargaining and otherwise to effectuate the policies of this chapter, the unit appropriate for the purposes of collective bargaining shall be the employer unit, profession or craft unit, plant unit, or subdivision thereof, or a one-man unit where the commission deems such unit to be appropriate; provided that, in any case where the majority of employees of a particular profession or craft shall so decide, the commission shall designate such profession or craft as a unit appropriate for the purpose of collective bargaining; and provided, further, that, for purposes of this chapter, registered nurses and licensed practical nurses shall not be deemed to be members of the same particular profession. (c) Whenever a question affecting industry, trade or health care arises concerning the representation of employees, the commission may investigate such controversy and certify to the parties, in writing, the name or names of the representatives who have been designated or selected. For the purpose of this section, the commission shall be authorized to investigate petitions requesting the decertification of an exclusive representative. In any such investigation, the commission shall provide for an appropriate hearing upon due notice either in conjunction with a proceeding under section six or otherwise, and may take a secret ballot of employees, or utilize any other suitable method to ascertain such representatives. The commission may establish such rules or regulations as it deems appropriate to effectuate the policies of this chapter for the filing of petitions for investigation and certification by employers or employees or their representatives and shall include therein provision for the filing of a petition by an employer whenever it is alleged— (1) That two or more labor organizations have presented to the employer conflicting claims that each represents a majority of the employees in a bargaining unit or units claimed by them to be appropriate; or (2) That a labor organization not theretofore recognized as the representative of a majority of the employees in the bargaining unit claimed by it to be appropriate has requested the employer to bargain with it as the exclusive representative of such employees, or without such request is attempting to secure such recognition by strike, slowdown, boycott or other concerted cessation of work or withholding of patronage. Notwithstanding any other provision of this section, the commission shall certify to the parties, in writing, and the employer shall recognize as the exclusive representative for the purposes of collective bargaining of all the employees in the bargaining unit, a labor organization which has received a written majority authorization, but this shall apply only when no other labor organization has been and currently is lawfully recognized as the exclusive representative of the employees in the appropriate bargaining unit. Whenever a labor organization proffers evidence that it has received a written majority authorization, the labor organization and the employer shall agree upon a neutral to conduct a confidential inspection of the evidence of a written majority authorization. If within 10 days the labor organization and the employer do not agree upon a neutral, the commission shall act as the neutral. The neutral shall verify the labor organization's majority support within the appropriate bargaining unit and report the results of its inspection in writing to the parties and, if the verification was conducted by an agreed neutral, to the commission, which shall in turn certify the results to the parties in writing. The commission shall establish rules and procedures for the prompt verification of evidence of a written majority authorization, which rules shall include safeguards to protect the privacy of individual employee choice, and which shall further provide that, absent exceptional cause, the verification procedure shall last not longer than 30 days after the appointment of the neutral or after the assumption by the commission of the duties of the neutral. As used in this paragraph, the term ''employer'' shall not include a health care facility, a nonprofit institution or a vendor who contracts with or receives funds from the commonwealth or a political subdivision thereof to provide social, protective, legal, medical, custodial, rehabilitative, respite, nutritional, employment, educational, training or other similar services to the commonwealth or a political subdivision thereof. (d) Any hearing under subsection (c) of this section may be, when so determined by the commission, conducted by a member or agent of the commission. The decisions and determinations of such member or agent shall be final and binding unless, within ten days after notice thereof, any party requests a review by the full commission. If a review is requested, the member or agent shall file with the commission and with the parties a written statement of the case; in addition, any party may, within ten days from the receipt of such statement, file a supplementary statement with the commission. A review by the commission shall be made upon such statement of the case by the member or agent and upon such supplementary statements filed by the parties, if any, together with such other evidence as the commission may require. (e) Whenever an order of the commission made pursuant to subsection (c) of section six is based in whole or in part upon facts certified following an investigation pursuant to subsection (c) of this section, and there is a petition for the enforcement or review of such order, such certification and the record of such investigation shall be included in the transcript of the entire record required to be filed under subsection (e) or (f) of section six and thereupon the decree of the court enforcing, modifying or setting aside in whole or in part the order of the commission shall be made and entered upon the pleadings, testimony and proceedings set forth in such transcript.

M.G.L. c. 150A, § 5A Agricultural workers; representatives

c. 150A, § 5A. Agricultural workers; representatives Section 5A. In the case of a person engaged in agriculture, as hereinafter defined, and having a permanent hired work force of more than four agricultural workers who are not members of his family, the provisions of section five shall apply; provided that only the employer unit shall be deemed appropriate for collective bargaining purposes; and provided further that nothing in this section nor in said section five shall be construed as constituting authority for any action or proceeding to nullify, amend or otherwise modify any contract or agreement, or any provision thereof, which is reached by any such person for the seasonal employment of agricultural workers with the official sanction either of the government of any territorial possession of the United States or of the United States department of labor. As used in this section, the term ''agriculture'' includes horticulture, floriculture and any other commercial enterprise involving the production of food or fiber.

M.G.L. c. 150A, § 6 Prevention of unfair labor practices; powers of commission; proceedings; judicial review

c. 150A, § 6. Prevention of unfair labor practices; powers of commission; proceedings; judicial review Section 6. (a) The commission is empowered, as hereinafter provided, to prevent any person from engaging in any unfair labor practice listed in sections four, four A, four B and four C affecting industry, trade or health care. This power shall be exclusive, and shall not be affected by any other means of adjustment or prevention that has been or may be established by agreement, code, law, or otherwise. (b) Whenever it is charged that any person has engaged in or is engaging in any such unfair labor practice, the commission, or any agent or agency designated by the commission for such purposes, shall have power to issue and cause to be served upon such person a complaint stating the charges in that respect, and containing a notice of hearing before the commission or a member thereof, or before a designated agent or agency, at a place therein fixed, not less than five days after the serving of said complaint. Any such complaint may be amended by the member, agent or agency conducting the hearing or the commission in its discretion at any time prior to the issuance of an order based thereon. The person so complained of shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. In the discretion of the member, agent or agency conducting the hearing or the commission, any other person may be allowed to intervene in the said proceeding and to present testimony. In any such proceeding the rules of evidence prevailing in courts of law or equity shall not be controlling. (c) If upon the record before him such member or agent shall determine that an unfair labor practice has been committed by a person named in the complaint, he shall issue and cause to be served upon such person an order requiring such person to cease and desist from such unfair labor practice, and to take such further affirmative action as will effectuate the provisions of this chapter. If the member or agent determines that an unfair labor practice has not been committed, he shall issue an order dismissing the complaint. An order issued pursuant to this subsection shall become final and binding unless, within ten days after notice thereof, any party requests review by the full commission. A review may be made upon a written statement of the case by the member or agent agreed to by the parties, or upon written statements furnished by the parties, or, if any party or the commission requests, upon a transcript of the testimony taken at the preliminary hearing, if any, together with such other testimony as the commission may require. If upon the record before it the commission determines that an unfair practice has been committed it shall state its findings of fact and issue and cause to be served on the person an order requiring such person to cease and desist from such unfair labor practice, and to take such further affirmative action as will effectuate the provisions of this chapter. If upon the record before it the commission determines that an unfair labor practice has not been committed, it shall state its findings of fact and shall issue an order dismissing this complaint. (d) Until the record in a case shall have been filed in a court, as hereinafter provided, the commission may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it. (e) The commission may institute appropriate proceedings in the appeals court for enforcement of its final orders. (f) Any party aggrieved by a final order of the commission may institute proceedings for judicial review in the appeals court within thirty days after receipt of said order. The proceedings in the appeals court shall, insofar as applicable, be governed by the provisions of section fourteen of chapter thirty A.

M.G.L. c. 150A, § 6A Denial of admission to, and suspension or expulsion from, a labor organization; proceedings for relief; voting rights of non-participants in insurance plans and of local organizations in conventions

c. 150A, § 6A. Denial of admission to, and suspension or expulsion from, a labor organization; proceedings for relief; voting rights of non-participants in insurance plans and of local organizations in conventions Section 6A. Any employee who is required as a condition of employment to be a member in good standing of a labor organization may file with the commission a charge alleging (1) that, although eligible to membership, he has been unfairly denied admission to, or unfairly suspended or expelled from membership in, such organization for reasons other than malfeasance in office or non-payment of regular initiation fees, dues, or assessments and (2) that such labor organization has requested, or is about to request, his employer to discharge or otherwise discriminate against him because of his failure to maintain membership in good standing in such organization; provided, that such charge shall be filed not more than fifteen days after notice of such request has been given the employee by the labor organization. Upon filing of such charge, the commission shall have power to issue and cause to be served upon the labor organization a complaint stating the charge in that respect and containing a notice of hearing. The notice shall be given and the subsequent proceedings shall be conducted in the manner provided in section six. If upon all the evidence the commission shall determine that the employee was unfairly denied admission to membership in such organization, or that such discipline— (1) Was imposed by the labor organization in violation of its constitution and by-laws; or (2) Was imposed without a fair trial, including an adequate hearing and opportunity to defend; or (3) Was not warranted by the offense, if any, committed by the employee against the labor organization; or (4) Is not consistent with the established public policy of the commonwealth; then the commission shall state its determinations and shall issue and cause to be served on the labor organization an order requiring it, in its discretion, either to admit or restore the employee to membership in good standing together with full voting rights, or else to refrain from seeking to bring about any discrimination against him in his employment because he is not a member in good standing, and to return to him such union dues and assessments as may have been collected from him during the period of his suspension or expulsion from the union. If the commission shall not make such a determination after hearing, it shall enter an order dismissing the charge filed by the employee. Nothing contained in this section or in section four shall be deemed to require a labor organization as a condition of making or enforcing a contract requiring membership therein as a condition of employment, to accord to non-participants in an insurance plan the right to vote on questions pertaining thereto or to grant local organizations voting rights in a convention proportionate to their membership.

M.G.L. c. 150A, § 6B Review of order of commission

c. 150A, § 6B. Review of order of commission Section 6B. Any person aggrieved by a final order of the commission under section six A granting or denying relief, may obtain a review of such order in the manner provided in section six.

M.G.L. c. 150A, § 6C Payment of dues and assessments during disciplinary and legal proceedings

c. 150A, § 6C. Payment of dues and assessments during disciplinary and legal proceedings Section 6C. During any disciplinary proceedings within a labor organization or any proceedings under sections six A and six B, or either of them, the employee shall continue to pay the regular union dues and assessments.

M.G.L. c. 150A, § 7 Powers of commission and courts relative to hearings and investigations; self-incrimination; service of papers; witness fees; papers and information furnished by other departments

c. 150A, § 7. Powers of commission and courts relative to hearings and investigations; self-incrimination; service of papers; witness fees; papers and information furnished by other departments Section 7. For the purpose of all hearings and investigations which, in the opinion of the commission, are necessary and proper for the exercise of the powers vested in it by sections five, six, six A and six B— (1) The commission, or its duly authorized agents or agencies, shall at all reasonable times have access to, for the purpose of examination, and the right to copy any evidence of any person being investigated or proceeded against that relates to any matter under investigation or in question. Any member of the commission shall have power to issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation or in question before the commission, its member, agent or agency conducting the hearing or investigation. Any member of the commission, or any agent or agency designated by the commission for such purposes, may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses and the production of such evidence may be required from any place in the commonwealth, at any designated place of hearing. (2) In case of contumacy or refusal to obey a subpoena issued to any person, the superior court within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the commission shall have jurisdiction to issue to such person an order requiring such person to appear before the commission, its member, agent or agency, there to produce evidence if so ordered, or there to give testimony, touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as a contempt thereof. (3) No person shall be excused from attending and testifying or from producing books, records, correspondence, documents or other evidence in obedience to the subpoena of the commission, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. (4) Complaints, orders and other process and papers of the commission, its member, agent or agency may be served either personally or by registered mail or by telegraph or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual so serving the same setting forth the manner of such service shall be proof of service of the same, and the return post office receipt or telegraph receipt therefor when registered and mailed or telegraphed as aforesaid shall be proof of service of the same. Witnesses summoned before the commission, its member, agent or agency shall be paid the same fees and mileage that are paid witnesses in civil cases before the courts of the commonwealth, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the commonwealth. (5) All process of any court to which application may be made under this chapter may be served in the judicial district wherein the defendant or other person required to be served resides or may be found. (6) The several departments and agencies of the commonwealth, when directed by the governor, shall furnish the commission, upon its request, all records, papers and information in their possession relating to any matter before the commission.

M.G.L. c. 150A, § 8 Interference with member or agent of commission

c. 150A, § 8. Interference with member or agent of commission Section 8. Any person who shall wilfully resist, prevent, impede or interfere with any member of the commission or any of its agents or agencies in the performance of duties pursuant to this chapter shall be punished by a fine of not more than five thousand dollars or by imprisonment for not more than one year, or both.

M.G.L. c. 150A, § 9 Right to strike

c. 150A, § 9. Right to strike Section 9. Nothing in this chapter, except as provided in sections four A and four C, shall be construed so as to interfere with or impede or diminish in any way the right to strike.

M.G.L. c. 150A, § 9A Grievances or disputes between health care facilities and nurses

c. 150A, § 9A. Grievances or disputes between health care facilities and nurses Section 9A. (a) In the event of the existence of a grievance or a dispute between a health care facility or a charitable home for the aged and an organization designated or selected as the exclusive representative of any nurse or nonprofessional employee of such facility or of such home for the purposes of collective bargaining in accordance with section five, and if such grievance or dispute has not been settled by collective bargaining after reasonable effort so to do by either party, and if there is no collective bargaining agreement in force between the parties, or such an agreement is in force but it contains no provision to submit the current grievance or dispute, as the case may be, to arbitration, the procedures provided by chapter one hundred and fifty C shall be available, on application of an aggrieved party, to determine the controversy as though the parties had negotiated a collective bargaining agreement containing a provision as described in section one of said chapter one hundred and fifty C to submit to arbitration and such agreement were then in force; provided, however, that the procedures provided by said chapter one hundred and fifty C shall not be available to assist or require arbitration of any grievance or dispute involving a health care facility owned and operated by the commonwealth or a political subdivision thereof; and provided, further, that in the case of a grievance or a dispute involving any health care facility not owned and operated by the commonwealth or a political subdivision thereof or involving a charitable home for the aged it shall not be a ground for refusing to grant an order for arbitration under paragraph (a) of section two of said chapter one hundred and fifty C, or for granting an application for stay of an arbitration proceeding under paragraph (b) of said section, or for vacating an award under clause (5) of paragraph (a) of section eleven of said chapter one hundred and fifty C, that there is no agreement to arbitrate. (b) As used in this section the word ''grievance'' shall mean any controversy or claim arising out of or relating to the interpretation, application or breach of the provisions of an existing collective bargaining agreement between a health care facility or charitable home for the aged and any of its nurse or nonprofessional employees or their representatives; the word ''dispute'' shall mean all other controversies, claims or disputes between a health care facility or charitable home for the aged and any of its nurse or nonprofessional employees, or their representatives, concerning rates of pay, hours or other terms or conditions of employment in such facility or home, including, but not limited to, controversies, claims or disputes arising in the course of negotiation, fixing, maintaining, changing or arranging any such terms or conditions.

M.G.L. c. 150A, § 10 Conflict of laws; federal statutes and regulations

c. 150A, § 10. Conflict of laws; federal statutes and regulations Section 10. (a) Wherever the application of the provisions of any other law of this commonwealth conflicts with the application of the provisions of this chapter, this chapter shall prevail. (b) This chapter shall not be deemed applicable to any unfair labor practice involving employees who are subject to and protected by the Federal Railway Labor Act, or to any unfair labor practice governed exclusively by the national labor relations act or other federal statute or regulations issued pursuant thereto, unless the federal agency administering such act, statute or regulation has declined to assert jurisdiction thereof, or except where such federal agency has conceded to the commission jurisdiction over any such case or proceedings.

M.G.L. c. 150A, § 11 Partial invalidity

c. 150A, § 11. Partial invalidity Section 11. If any provision of this chapter, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

M.G.L. c. 150A, § 12 Title of statute

c. 150A, § 12. Title of statute Section 12. This chapter may be cited as the ''State Labor Relations Law''.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter150AFetched: 10/20/2026