ATTACHMENT I

June 29, 2009

To the Honorable Senate and House of Representatives:

Pursuant to Article LVI, as amended by Article XC, Section 3 of the Amendments to the Constitution of the Commonwealth of Massachusetts, I am returning to you for amendment Section 87 of House Bill No. 4129, "An Act Making Appropriations for the Fiscal Year 2010 for the Maintenance of the Departments, Boards, Commissions, Institutions and Certain Activities of the Commonwealth, for Interest, Sinking Fund and Serial Bond Requirements and for Certain Permanent Improvements."

Section 87 allows the union that represents personal care attendants (PCAs) to charge an "agency fee" to PCAs who do not join the union, but to do so without those individuals' written consent as our employment law usually requires. Because of the unique PCA labor arrangements, I am willing to accept this unprecedented provision but only for a limited time to allow the union to get organized and negotiate appropriate union security provisions.

Therefore, I am recommending that this unusual provision be limited to two years, that in the meantime the state and the union should negotiate this issue further, and that binding arbitration be available if they cannot agree.

For these reasons, I recommend that Section 87 be amended by striking out the text and inserting in place thereof the following text:-

SECTION 1. The first paragraph of section 17G of chapter 180 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Deductions on payroll schedules shall be made from the salary of any state, county or municipal employee of any amount which the employee may specify in writing to any state, county or municipal officer, or the head of the state, county or municipal department, board or commission, by whom or which he is employed, or which may be specified by a collective bargaining agreement with the PCA quality homecare workforce council, for the payment of agency service fees to the employee organization, which in accordance with chapter 150E is duly recognized by the employer or designated by the commonwealth employment relations board as the exclusive bargaining agent for the appropriate unit in which the employee is employed.

SECTION 2. Said first paragraph of said section 17G of said chapter 180 is hereby further amended by striking out the first sentence, inserted by section 1, and inserting in place thereof the following sentence:- Deductions on payroll schedules shall be made from the salary of any state, county or municipal employee of any amount which the employee may specify in writing to any state, county or municipal officer, or the head of the state, county or municipal department, board or commission, by whom or which he is employed, for the payment of agency service fees to the employee organization, which in accordance with chapter 150E is duly recognized by the employer or designated by the commonwealth employment relations board as the exclusive bargaining agent for the appropriate unit in which the employee is employed.

SECTION 3. The PCA quality homecare workforce council and the duly authorized collective bargaining representative of personal care attendants as defined in section 28 of chapter 118G shall negotiate in good faith regarding procedures to facilitate the payment of agency service fees from personal care attendants to the extent they are required, as a condition of employment, to pay agency service fees to the bargaining representative, pursuant to section 1. If the parties are unable to reach an agreement regarding such procedures by September 30, 2009, the matter may be submitted to binding interest arbitration in accordance with the terms of the parties' collective bargaining agreement.

SECTION 4. The PCA quality homecare workforce council and the duly authorized collective bargaining representative of personal care attendants as defined in section 28 of chapter 118G of the General Laws shall negotiate in good faith regarding procedures to facilitate the collection of written authorizations for the payment of agency service fees from personal care attendants to the extent they are required, as a condition of employment, to pay agency service fees to the bargaining representative. If the parties are unable to reach an agreement regarding these procedures by December 31, 2010, the matter may be submitted to binding interest arbitration in accordance with the terms of the parties' collective bargaining agreement.

SECTION 5. Section 2 shall take effect on July 1, 2011.

Respectfully submitted,

Deval Patrick