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By Mr. Walsh of Boston, petition (accompanied by bill, House, No. 2783) of Martin J. Walsh relative to dispute resolution for emergency medical technicians. Public Service. |
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act relative to dispute resolution for emergency medical technicians. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 589 of the acts of 1987 is hereby amended by deleting the
two sentences of subsection 2(a) of Section 4A and inserting in place thereof
the following two sentences:—
(2)(a) The committee shall have oversight responsibility for all collective
bargaining negotiations involving municipal or public police officers, [and]
firefighters and emergency medical technicians. The committee shall, at its
discretion, have jurisdiction in any dispute over the negotiations of the terms
of a collective bargaining agreement involving municipal or public police
officers, [and] firefighters and emergency medical technicians; provided,
however, that the committee may determine whether the proceedings for the
prevention of any prohibited practices filed with the labor relations
commission shall or shall not prevent arbitration pursuant to this section.
SECTION 2.
Chapter 589 of the acts of 1987 is hereby amended by deleting the first part of
subsection 2(b) of Section 4A and inserting in place thereof the following
language:—
(b) After notification by the committee, the parties to any municipal or
public police, [and] fire and emergency medical technician negotiations shall
file with the committee, in such time as the committee orders:.
SECTION 3.
Chapter 589 of the acts of 1987 is hereby amended by deleting the first and
fourth paragraphs of subsection 2(c) of Section 4A and inserting in place
thereof the following language:
(c) Notwithstanding the provisions of the first paragraph of section nine of
chapter one-hundred and fifty E of the General Laws to the contrary, when
either party or the parties acting jointly to a municipal or public police,
[and] fire and emergency medical technician collective bargaining negotiations
believe that the process of collective bargaining has been exhausted the party
or both parties shall petition first the committee for the exercise of
jurisdiction and for the determination of the apparent exhaustion of the
process of collective bargaining.
Said board shall not accept any petition from a party to a municipal or
public police, [and] fire and emergency medical technician negotiation under
section nine of chapter one hundred and fifty E of the General Laws if the
petition has not been first reviewed in accordance with the provisions of this
section by the committee.
SECTION 4.
Chapter 589 of the acts of 1987 is hereby amended by deleting paragraphs 8 and
9 of subsection 3(a) of Section 4A and inserting in place thereof the following
language:—
No member of a unit of municipal or public police officers, [and]
firefighters or emergency medical technicians who is employed on a less than
full-time basis shall be subject to the provisions of this clause.
When the parties to a municipal or public police, [and] fire or emergency
medical technician collective bargaining negotiation jointly design their own
dispute resolution procedures, they may divest the committee of jurisdiction by
presenting a written agreement of their procedures to the committee; provided,
however, that the committee finds that said procedures provide for a final
resolution of the dispute, without resort to strike, job action, or lockout;
and provided, further that if the committee subsequently finds that either of
the parties fails to abide by said procedures, the committee shall assume
jurisdiction of the dispute.