CONCILIATION AND ARBITRATION OF INDUSTRIAL DISPUTES

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

in effect

M.G.L. c. 150, § 1 Board of conciliation and arbitration; duties

c. 150, § 1. Board of conciliation and arbitration; duties Section 1. The board of conciliation and arbitration, in this chapter called the board, shall perform the duties required by this chapter, and any other general or special law.

M.G.L. c. 150, § 2 Rules and regulations; filing; report

c. 150, § 2. Rules and regulations; filing; report Section 2. The chairman of the board of conciliation and arbitration shall promulgate rules and regulations necessary for the performance of responsibilities and powers set forth in the General Laws and any special laws; provided, however, that said chairman shall file a copy of any rules and regulations or amendments thereto with the clerks of the senate and the house of representatives who, with the approval of the president of the senate and speaker of the house of representatives, shall refer such rules and regulations to an appropriate committee of the general court. Within thirty days after such filing the appropriate committee of the general court shall hold a hearing on such regulations and shall issue a report and file a copy with the board of conciliation and arbitration. Said board shall consider such report and make revisions in the regulations as it deems appropriate in view of such report and shall forthwith file a copy of the final rules and regulations with the chairman of the committee of the general court to which the rules and regulations were referred.

M.G.L. c. 150, § 3 Controversies, strikes or lockouts

c. 150, § 3. Controversies, strikes or lockouts Section 3. The mayor of a city or the selectmen of a town, having knowledge that a strike or lockout is seriously threatened or has actually occurred therein, shall at once give notice to the board. Notice may be given by the employer or by the employees concerned in the controversy, strike or lockout. When the board has knowledge that a strike or lockout, which involves an employer and his present or former employees, is seriously threatened or has actually occurred, the board shall, as soon as may be, communicate with such employer and employees and endeavor by mediation to obtain an amicable settlement, or endeavor to persuade them to submit the controversy to a local board of conciliation and arbitration established under section nine or to the board. If a settlement is not agreed upon and the parties refuse to submit the matter in dispute to arbitration, the board shall investigate the cause of such controversy and ascertain which of the parties thereto is mainly responsible or blameworthy for the existence or continuance of the same, and shall, unless a settlement of the controversy is reached, make and publish a report finding such cause and assigning such responsibility or blame. The board may employ agents to assist in said investigation. It shall, upon the request of the governor, investigate and report upon a controversy if in his opinion it seriously affects or threatens seriously to affect the public welfare. The board shall have the same powers for the foregoing purpose as are given to it by sections five to eight, inclusive. The board shall by publication or otherwise inform employers and employees of their duty to give notice to the board before resorting to a strike or lockout and of the provisions of this chapter affecting the rights of employers and employees relative to industrial disputes.

M.G.L. c. 150, § 4 Advertising or soliciting for employees during normal business after a strike or labor trouble; determination of question

c. 150, § 4. Advertising or soliciting for employees during normal business after a strike or labor trouble; determination of question Section 4. The provisions of sections twenty-two and twenty-three of chapter one hundred and forty-nine relative to advertising during strikes shall cease to be operative when the board shall determine that the business of the employer, in respect to which the strike or other labor trouble occurred, is being carried on in the normal and usual manner and to the normal and usual extent. Upon the application of the employer, this question shall be determined by said board, but only after a full hearing at which all persons involved shall be entitled to be heard and represented by counsel. The board shall give at least three days' notice of the hearing to the strikers and employees by publication in at least three daily newspapers published in the commonwealth, and by mailing a copy of said notice, postage prepaid, to the employers and to the accredited representatives of the strikers or workmen interested, when their addresses are known; and in every case the board shall make every reasonable and diligent effort to give notice to said strikers or interested workmen.

M.G.L. c. 150, § 5 Controversies; inquiry as to cause; advice as to adjustment; decision; publication; effect

c. 150, § 5. Controversies; inquiry as to cause; advice as to adjustment; decision; publication; effect Section 5. If a controversy exists between an employer and his employees, the board shall, upon application as provided in the following section, as soon as practicable visit the place where the controversy exists and make careful inquiry into its cause, and may, with the consent of the governor, conduct such inquiry outside the commonwealth. The board shall hear all persons interested who come before it, advise the respective parties what ought to be done or submitted to by either or both to adjust said controversy, and make a written decision thereof which shall at once be made public, shall be open to public inspection and shall be recorded by the board. A short statement thereof may, in the discretion of the board, be published in the annual report, and the board shall cause a copy thereof to be filed with the clerk of the city or town in which said business is carried on. Said decision shall for six months be binding upon the parties who join in said application, unless by agreement of both parties it is stipulated in the application that the contract is to run for a longer period of time, in which event the decision of the board will be binding for the length of time agreed upon by both parties in their application.

M.G.L. c. 150, § 6 Application for inquiry; filing fee; notice of hearing; failure to perform promise

c. 150, § 6. Application for inquiry; filing fee; notice of hearing; failure to perform promise Section 6. The application shall be signed by the employer or by a majority of his employees in the department of the business in which the controversy exists, or by their duly authorized agent, or by both parties, and if signed by an agent claiming to represent a majority of the employees, the board shall satisfy itself that he is duly authorized so to do; but the names of the employees giving the authority shall be kept secret. The application for public sector grievance arbitration shall be accompanied by a filing fee of $600 or any greater fee which may be established by the secretary of administration and finance under the provisions of section three B of chapter seven for the filing thereof; provided, however, that the amount of any such fee shall be paid in equal shares by the party seeking application and the answering party or if the application is by a single party, said party shall pay one-half of such fee and the answering party shall pay the remaining one-half; provided, further, that the board may, where appropriate, provide for the waiver of the filing fee for any particular controversy or classes of controversies. The application for private sector grievance arbitration shall be accompanied by a filing fee, of $1200 or any greater fee which may be established by the secretary of administration and finance under the provisions of section three B of chapter seven for the filing thereof; provided, however, that the amount of any such fee shall be paid in equal shares by the party seeking application and the answering party or if the application is by a single party, said party shall pay one-half of such fee and the answering party shall pay the remaining one-half; provided, further, that the board may, where appropriate, provide for the waiver of the filing fee for any particular controversy or classes of controversies. The application for grievance mediation shall be accompanied by a filing fee of $150 or any greater fee which may be established by the secretary of administration and finance under the provisions of section three B of chapter seven for the filing thereof; provided, however, that the amount of any such fee shall be paid in equal shares by the party seeking application and the answering party or if the application is by a single party, said party shall pay one-half of such fee and the answering party shall pay the remaining one-half; provided, further, that the board may, where appropriate, provide for the waiver of the filing fee for any particular controversy or classes of controversies. The application shall contain a concise statement of the existing controversy and a promise to continue in business or at work without any lockout or strike until the decision of the board, if made within three weeks after the date of filing the application. The board shall forthwith, after such filing, cause public notice to be given of the time and place for a hearing on the application, unless both parties join in the application and present therewith a written request that no public notice be given. If such request is made, notice of the hearings shall be given to the parties in such manner as the board may order, and the board may give public notice thereof, notwithstanding such request. If the petitioner or petitioners fail to perform the promise made in the application, the board shall proceed no further thereon without the written consent of the adverse party.

M.G.L. c. 150, § 7 Expert assistants to board

c. 150, § 7. Expert assistants to board Section 7. In all controversies in which application is made under the preceding section, each party may, in writing, nominate fit persons to act in the case as expert assistants to the board, and the board may appoint one from among the persons so nominated by each party. Said experts shall be skilled in and conversant with the business or trade concerning which the controversy exists; they shall be sworn by a member of the board to the faithful performance of their official duties, and a record of their oath shall be made in the case. Said experts shall, if required, attend the sessions of the board, and under its direction shall obtain and report information concerning the wages paid and the methods and grades of work prevailing in establishments within the commonwealth similar to that in which the controversy exists, and they may submit to the board at any time before a final decision any facts, advice, arguments or suggestions which they may consider applicable to the case. No decision of said board shall be announced in a case in which said experts have acted without notice to them of a time and place for a final conference on the matters included in the proposed decision. Such experts shall receive from the commonwealth a sum not exceeding thirty dollars each for every day of actual service and their necessary traveling expenses. The board may appoint such additional experts as it considers necessary, who shall be qualified in like manner and, under the direction of the board, shall perform like duties and be paid the same fees as the experts who are nominated by the parties.

M.G.L. c. 150, § 8 Witnesses and production of books and documents; powers of board member; amount due for travel and attendance

c. 150, § 8. Witnesses and production of books and documents; powers of board member; amount due for travel and attendance Section 8. In all investigations, and inquiries or proceedings conducted by the board, any member thereof may summon witnesses, may administer oaths, take testimony, and require the production of books and documents. Each witness shall certify in writing the amount of his travel and attendance, and the amount due to him shall be paid forthwith by the board.

M.G.L. c. 150, § 9 Local boards; composition; powers and duties; jurisdiction; decision; compensation

c. 150, § 9. Local boards; composition; powers and duties; jurisdiction; decision; compensation Section 9. The parties to any controversy described in section five may submit it in writing to a local board of conciliation and arbitration, which may be composed either of three members mutually agreed upon, or of a member chosen by the employer, a member chosen by the employees or their authorized representative, and a third, who shall be chairman, chosen by the other two. Such local board shall have and exercise, relative to matters referred to it, all the powers of the state board, and its decision shall have such binding effect as may be agreed upon in the written submission. Such local board shall have exclusive jurisdiction of the controversy submitted to it, but it may ask the advice and assistance of the state board. The decision of such local board shall be rendered within ten days after the close of any hearing held by it, and shall forthwith be filed with the clerk of the city or town where the controversy arose, and a copy thereof shall be forwarded by said clerk to the state board. Each of such arbitrators shall be entitled to receive from the treasury of the city or town where the controversy arose, with the approval in writing of the mayor of the city or the selectmen of the town, the sum of fifteen dollars for each day of actual service, not exceeding fifty dollars for any one arbitration.

M.G.L. c. 150, § 10 Annual report by chairman

c. 150, § 10. Annual report by chairman Section 10. The chairman of the board of conciliation and arbitration shall make an annual report of the actions of the board.

M.G.L. c. 150, § 10A Mediators; confidential information

c. 150, § 10A. Mediators; confidential information Section 10A. Any person acting as a mediator in a labor dispute, including any person acting as such pursuant to the provisions of this chapter, who receives information as a mediator relating to the labor dispute shall not be required to reveal such information received by him in the course of mediation in any administrative, civil or arbitration proceeding. Nothing herein contained shall apply to any criminal proceedings.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter150Fetched: 10/20/2026