Evolution of Public Employee Collective Bargaining

1935

The Wagner Act (National Labor Relations Act) is enacted, granting collective bargaining rights to private sector employees in companies engaged in interstate commerce.

1937

M.G.L. c. 150A, a so-called "Baby Wagner Act," is enacted, extending bargaining rights to private sector employees within the Commonwealth. The Labor Relations Commission is established to administer the new law. M.G.L. c.23, §9O, et seq.

1958

All public employees (except police officers) in Massachusetts are granted the right to join unions and to "present proposals" to public employers. M.G.L. c. 149, § 178D.

1960

M.G.L. c.40, §4C is enacted, giving city and town employees the right to bargain, provided that the local city or town adopts the law. However, there are no specific procedures for elections and no provision covering the subject matter or method of bargaining.

1962

The Massachusetts Turnpike Authority, the Massachusetts Port Authority, the Massachusetts Parking Authority, and the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority become subject to the representation and unfair labor practice provisions of M.G.L. c. 150A. Section 760 of the Acts of 1962.

1964

State employees are granted the right to bargain with respect to working conditions (but not wages). M.G.L. c.149, §178F. However, it was not until 1965, when the Director of Personnel and Standardization promulgated the rules governing recognition of employee organizations and collective negotiations, that bargaining began.

Chapter 150A is amended to include private health care facilities as "employers" and nurses as "employees."

1965

Municipal employees are granted the right to bargain about wages, hours, and terms and conditions of employment. M.G.L. c.149, §§178G-N (repealing Chapter 40, §4C).

1968

Chapter 150A is amended to expressly include private nonprofit institutions as "employers" and nonprofessional employees of a health care facility or of private nonprofit institutions (except members of religious orders) as "employees."

1969

The Legislature establishes the Mendonca Commission to revise the public employee bargaining laws.

1973

M.G.L. c.150E is enacted, granting full collective bargaining rights to most state and municipal employees.

Binding arbitration of interest disputes is established for police and fire employees. Chapter 1078 of the Acts of 1973.

1974

M.G.L. c.150E is amended to: 1) strengthen the enforcement powers of theLabor Relations Commission; 2) modify union unfair labor practices; and 3) and modify the standards for the exclusion of managerial employees.

1975

The Labor Relations Commission issues standards for appropriate bargaining units affecting 55,000 state employees in more than 2,000 job classifications. Ten statewide units are created—five non-professional and five professional.

M.G.L. c.150E is amended to provide for a separate bargaining unit for state police. Chapter 591 of the Acts of 1975.

1977

Chapter 150E is extended to court employees in the judicial branch; two state-wide units are established for judicial branch employees (except court officers in Middlesex and Suffolk Counties). Chapter 278, Section 3 of the Acts of 1977.

The Representation and prohibited practice provisions of M.G.L. c.150E are extended to housing authorities and their employees.

The Joint Labor-Management Committee is established to oversee collective bargaining negotiations and impasses involving municipal police officers or firefighters.

Agency service fee provisions are clarified to require that employee organizations provide a rebate procedure and to indicate which expenditures may be rebated to employees.

1980

"Proposition 2 1/2" is enacted, repealing final and binding arbitration for police and firefighter contract negotiations.

1982

The Labor Relations Commission issues comprehensive regulations setting forth agency service fee procedures, including requirements for unions to collect a fee pursuant to M.G.L. c.150E, §12 and for employees to challenge the amount or validity of the fee.

1983

M.G.L. c.150A is amended to specifically cover private vendors who contract with the state or its political subdivisions to provide certain social and other services.

1986

M.G.L. c.150E is amended to forbid employers from unilaterally changing employees' wages, hours and working conditions until the collective bargaining process (including mediation, fact-finding, and arbitration, if applicable) has been completed.

1987

Interest arbitration is reinstituted for police and firefighter contract negotiations, with arbitration awards subject to funding by the legislative body.

1990

LRC Revises Regulations.

1993

The Education Reform Act of 1993 (Chapter 71 of the Acts of 1993) impacts public employees by making major changes concerning the demotion and dismissal of teachers and principals.

1996

For cases in which the Labor Relations Commission issues a complaint of prohibited practice and orders a hearing, Chapter 151, Section 577 of the Acts of 1996 allows the parties to elect to submit the case to arbitration at any time up to thirty days prior to the commencement of the hearing ordered by the Commission.

1999

LRC Revises Regulations.

2000

LRC Revises Regulations.