PEACEFUL SETTLEMENT OF INDUSTRIAL DISPUTES DANGEROUS TO PUBLIC HEALTH AND SAFETY

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

in effect

M.G.L. c. 150B, § 1 Findings and public policy

c. 150B, § 1. Findings and public policy Section 1. The general court hereby finds that the distribution of food, fuel, water, electric light and power, gas, and hospital and medical services is essential to the public health and safety and that the settlement of industrial disputes which threaten substantial interruption of such distribution is therefore affected with a public interest; that the adjustment of differences concerning wages, hours and other terms and conditions of employment which might lead to such disputes can best be accomplished by encouraging collective bargaining between employers and representatives freely designated or selected by their employees; but that the intervention of government is necessary to protect the public health and safety whenever an industrial dispute which has not been settled by collective bargaining threatens an immediate and substantial interruption in the production or distribution of food, fuel, water, electric light or power, gas, or hospital or medical services which would dangerously curtail their availability in any community. It is therefore declared to be the policy of the commonwealth (a) to place primary responsibility upon the employers and representatives freely designated or selected by employees for the avoidance of any interruption in the production or distribution of food, fuel, water, electric light and power, gas, or hospital or medical services resulting from differences concerning wages, hours and other terms and conditions of employment and (b) in the event that a peaceful adjustment of such differences is not accomplished by collective bargaining, to provide procedures for government intervention and the establishment of wages, hours and other terms and conditions of employment without any interruption in the production or distribution of such goods or services which would dangerously curtail their availability in any community.

M.G.L. c. 150B, § 2 Definitions

c. 150B, § 2. Definitions Section 2. When used in this chapter— ''Person'' includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. ''Employer'' includes any person acting in the interest of an employer, directly or indirectly, but shall not include the commonwealth or any political subdivision thereof, or any labor organization (other than when acting as an employer), or any one acting in the capacity of officer or agent of such labor organization. ''Employee'' shall include any employee, and shall not be limited to the employees of a particular employer, and shall include any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute, and who has not obtained any other regular and substantially equivalent employment. ''Representative of employees'' means any person or labor organization designated or selected for the purpose of collective bargaining by a majority of the employees in a unit appropriate for such purposes. ''Labor dispute'' includes any controversy concerning rates of pay, wages, hours or 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. ''Essential goods or services'' means food, fuel, water, electric light or power, gas, and hospital or medical services. ''Production'' includes production, manufacture, mining, handling, transporting, or in any other manner working on, and shall also include any process or occupation necessary to such production. ''Distribution'' includes distributing, transporting, handling, storing, selling at wholesale or retail, or furnishing and shall also include any process or occupation necessary to such distribution.

M.G.L. c. 150B, § 3 Labor disputes threatening distribution of essential goods or services; procedures for settlement; change of conditions of labor and interruption of work

c. 150B, § 3. Labor disputes threatening distribution of essential goods or services; procedures for settlement; change of conditions of labor and interruption of work Section 3. In the event that the secretary of labor and workforce development finds that a labor dispute has not been settled by collective bargaining and imminently threatens a substantial interruption in the production or distribution of essential goods or services, he shall certify such dispute to the governor. The governor shall thereupon conduct such investigation of the dispute as he deems appropriate under the circumstances but the investigation shall include, unless the governor deems it impracticable, an informal hearing before the governor, the secretary of the executive office of public safety and the secretary of labor and workforce development at which the parties to the dispute shall be heard upon the sole question whether an interruption is imminent and would curtail the availability of essential goods or services to such an extent as to endanger the health or safety of any community. If the governor so finds and proclaims, and further finds and proclaims that the intervention of government will be in the public interest and in accordance with the policy of this chapter, then he is authorized to invoke either or both of the following procedures for the settlement of the dispute:— (A) The governor may require the employer and representatives of the employees, parties to the dispute, to appear before a moderator appointed by him and show cause why they should not submit the dispute to arbitration. The moderator shall be an impartial person skilled in industrial relations. The moderator may act as mediator or conciliator to such an extent as he deems appropriate and, if the dispute is not settled, shall endeavor to induce the parties to submit the dispute to arbitration in such form as may be mutually acceptable, and to this end he may conduct such investigation and public or private hearing as he deems appropriate. If either or both of the parties refuses to comply with the request of the moderator to submit the dispute to arbitration, the moderator, without expressing an opinion on the merits of the dispute, shall make public his findings as to the responsibility of either or both parties for the failure to reach an agreement to arbitrate the dispute. A submission to arbitration shall be arranged or the findings of the moderator published within fifteen days after the governor's proclamation or such additional period as may be mutually agreeable to the parties. For fifteen days after the governor's proclamation and any additional period mutually agreeable to the parties, no change shall be made, except by mutual agreement, in the rates of pay, wages, hours, or other terms or conditions of employment in effect prior to the time the events giving rise to the dispute took place, and there shall be no interruption in the production or distribution of the essential goods or services produced or distributed by the parties to the dispute. (B) The governor may request the parties voluntarily to submit the dispute to an emergency board of inquiry of three members empowered to recommend the terms upon which the parties should settle the dispute, including the date, prospective or retroactive as of which its recommendations should be made effective. To this end the governor may request the employer forthwith to designate a member to represent industry and the representatives of the employees to designate a member to represent labor, neither of whom shall be a person who has heretofore participated in the dispute. The industry and labor members shall select a third impartial member to represent the general public. If such third person is not selected within seventy-two hours, the governor may appoint the third member either before or after arranging a submission of the dispute. In the former event the emergency board shall meet with the parties and report to the governor within five days whether the parties have agreed to comply with his request to submit the dispute for its findings and recommendations. If there is no agreement the emergency board shall be discharged. If a submission is arranged the emergency board shall conduct its hearing and make and file its findings and recommendations with the governor within a period of thirty days after the submission of such dispute, unless the parties shall mutually agree to extend the period. Prior to the filing of the findings and recommendations and for ten days thereafter, no change shall be made, except by mutual agreement of the parties, in the rates of pay, wages, hours, or other terms or conditions of employment in effect prior to the time the events giving rise to the dispute took place, and there shall be no interruption in the production or distribution of the essential goods or services produced or distributed by the parties to the dispute. Within ten days after the report of the emergency board is filed each party shall notify the governor whether it accepts the recommendations.

M.G.L. c. 150B, § 4 Declarations of emergency; emergency procedures; unlawful activities; labor or service without consent; termination of emergency and arrangements; restoration of facilities; enforcement of statute

c. 150B, § 4. Declarations of emergency; emergency procedures; unlawful activities; labor or service without consent; termination of emergency and arrangements; restoration of facilities; enforcement of statute Section 4. (a) Whenever the governor finds that as a result of a labor dispute an interruption of production or distribution has occurred or is imminently threatened which would curtail the availability of essential goods or services to such an extent as to endanger the health or safety of any community and that such dispute either (a) has not been settled under the procedures established by section three or (b) is of such a nature that those procedures cannot be applied thereto, he shall thereupon declare that an emergency exists in respect to such essential goods or services. During such emergency the governor may— (A) Enter into arrangements with either or both of the parties to the dispute for continuing the production or distribution of such part of the goods or services theretofore produced or distributed by them as may be necessary to safeguard the public health and safety. The governor with the approval of the council may make and promulgate rules and regulations, to be effective immediately, for carrying out such arrangements and preventing interference therewith. (B)(1) Take possession of, and operate in whole or in part, any plant or facility of a party to the dispute the full or partial operation of which by the commonwealth he deems to be necessary as a result of such dispute, in order to safeguard the public health or safety. Such power and authority may be exercised through any department or agency of the commonwealth and with the assistance of such public or private instrumentalities or persons as may be designated by the governor. Such plant or facility shall be operated for the account of the person operating it immediately prior to the seizure; provided, that such person shall have the right to elect, by written notice filed with the governor within ten days after such seizure, to waive all claims to the proceeds of such operation, and to receive in lieu thereof fair and reasonable compensation for the appropriation and temporary use of his property, for which he may bring a petition for damages against the commonwealth under chapter two hundred and fifty-eight. In determining the amount of compensation to be awarded in such proceedings, there shall be taken into account the existence of the labor dispute which interrupted or threatened imminently to interrupt the private operation of such plant or facility, and the effect of such interruption or threatened interruption upon the value to the petitioner of the use of such plant or facility. (2) The declaration of emergency or the seizure and operation of a plant or facility by the commonwealth shall not render inapplicable any state or federal law concerning the health, safety, security and employment standards, and the department or agency operating such plant or facility shall comply with said laws as if it were privately operated. During such emergency the rates of pay, wages, hours, and other terms and conditions of employment theretofore effective shall be maintained without change; provided, that if an emergency board of inquiry shall have been appointed and shall, after a hearing, have recommended changes in rates of pay, wages, hours, or other terms or conditions of employment, such changes may, in the discretion of the governor, be made effective in any plant which is being operated by the commonwealth; and provided, further, that when no emergency board of inquiry has been appointed, the governor may appoint a special commission which shall, except as provided by paragraph (3), after a hearing, make recommendations concerning the rates of pay, wages, hours, and terms and conditions of employment for the period of public operation, which recommendations may, in the discretion of the governor, be made effective in such plant or facility during said period. The special commission shall base its recommendations on such of the factors normally taken into account in collective bargaining or voluntary arbitration as it deems material, including the conditions in existence in the industry affected. The special commission shall be composed of not less than three nor more than six members designated either to represent the general public or with equal numbers to represent industry, labor and the public, but in the latter event the governor before appointing the members of such commission shall request the employer to recommend the members to represent industry and the representatives of the employees to recommend the members to represent labor. If the commission recommends a change, it shall include in its recommendations a date, prospective or retroactive, but not prior to the date of such public operation as of which its recommendations shall be made effective and in doing so shall consider evidence as to the responsibility of either party for delaying a settlement or rejecting arbitration. (3) In the case of a labor dispute between or among parties to a valid and existing collective bargaining agreement, the authority of any special commission appointed under this section shall be limited, with respect to the unexpired period of such agreement, to the determination of grievances asserted thereunder, and the making of recommendations or determinations concerning the proper interpretation and application of the provisions of such agreement; provided, that if the said existing collective bargaining agreement shall contain provisions for arbitration of grievances or interpretations of such agreement, a special commission appointed by the governor hereunder shall take no action inconsistent with such agreement. Recommendations which may be made by such a commission in excess of its authority as herein limited shall not be made effective during the period of public operation. (b) During such emergency it shall be unlawful for any person to engage in any concerted activities interfering or threatening to interfere with the operation of any plant or facility which is being operated by the commonwealth for the purpose of bringing about any change in rates of pay, wages, hours, or terms or conditions of employment; or to aid or encourage any such concerted cessation of work or other concerted activities 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 to violate any rule or regulation promulgated by the governor with the approval of the council under paragraph (A). Nothing in this chapter shall be construed as requiring any individual employee to render labor or service without his consent. In the case of partial operation this subsection (b) shall apply only to that portion of the operation of a plant or facility carried on by the commonwealth. (c) Whenever the parties to a labor dispute which has led the governor to proclaim the existence of an emergency under this section shall jointly report in writing to the governor that they have executed an agreement terminating or adjusting the said dispute, and that they are in a position to resume or continue without interruption the operation of any plant or facility for the production or distribution of essential goods or services the governor shall terminate forthwith with respect to such plant or facility any arrangements made pursuant to paragraph (A) and, if such plant or facility is being operated by the commonwealth, it shall be restored immediately to the person entitled thereto. The supreme judicial court or the superior court shall have jurisdiction in equity, on petition of any aggrieved party, to enforce compliance with the provisions of this subsection. (d) Whenever, in the opinion of the governor, the intervention of the commonwealth under this section is no longer necessary to safeguard the public health or safety, he shall declare the termination of the emergency without regard to the settlement or continuation of the labor dispute.

M.G.L. c. 150B, § 5 Relief against violations of statutes; injunction

c. 150B, § 5. Relief against violations of statutes; injunction Section 5. (a) No person, other than the commonwealth as provided in subsection (b) hereof and except as provided in subsection (c) of section four, shall be entitled to legal or equitable relief in any court of the commonwealth as a result of a violation of any provision of this chapter. (b) The superior court in an action by the commonwealth shall have jurisdiction to restrain and enjoin violations of this chapter and such jurisdiction shall not be limited by the provisions concerning labor disputes contained in section twenty C of chapter one hundred and forty-nine, sections one and six of chapter two hundred and fourteen, and sections thirteen A and thirteen B of chapter two hundred and twenty; provided that such actions shall be brought by direction of the governor and not otherwise.

M.G.L. c. 150B, § 6 Partial invalidity

c. 150B, § 6. Partial invalidity Section 6. 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. 150B, § 7 Employees subject to Federal Railway Labor Act

c. 150B, § 7. Employees subject to Federal Railway Labor Act Section 7. None of the provisions of this chapter shall be applicable to any dispute involving employees who are subject to and protected by the Federal Railway Labor Act.

M.G.L. c. 150B, § 8 Fees, expenses and facilities for moderators and members of commissions and boards

c. 150B, § 8. Fees, expenses and facilities for moderators and members of commissions and boards Section 8. Any person appointed by the governor to serve as a moderator or as a member of a special commission or as an impartial member of an emergency board or any person selected as an impartial member of an emergency board under the provisions of this act, shall receive a per diem fee of fifty dollars plus reasonable and necessary expenses. The director of the department of labor relations is authorized and directed to arrange for any facilities required by such boards or moderators including the place for the hearing and stenographic transcripts of the hearing and the commonwealth shall pay for the same upon the certification of the director.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter150BFetched: 10/20/2026