Coverage Under M.G.L. c.150E or c.150A

With certain exceptions, M.G.L. c.150E covers employees in the executive or judicial branch of government, including the Commonwealth (including employees of the University of Massachusetts, the Board of Higher Education, and certain public authorities), and any county, city, town, district, or other political subdivision of the Commonwealth. M.G.L. c.150A covers certain private sector employees over whom the National Labor Relations Board has declined jurisdiction, and employees of certain public authorities.

Public Authorities

M.G.L. c.150E, §1 excludes authorities created pursuant to M.G.L. c.161A (i.e. the Massachusetts Bay Transportation Authority) and the Massachusetts Port Authority, the Massachusetts Parking Authority, the Massachusetts Turnpike Authority, and the Woods Hole, Martha's Vineyard & Nantucket Steamship Authority from the definition of "public employer." However, those authorities excluded from coverage under M.G.L. c.150E are covered by portions of M.G.L. c.150A, as provided for in 1962 Mass. Acts c.760.

Exceptions

M.G.L. c.150E, §1 excludes the following from the definition of "public employee":

• elected officials, appointed officials, members of any board or commission, representatives of any public employer, including the heads, directors and executive and administrative officers of departments and agencies of any public employer, and other managerial employees or confidential employees;
• members of the militia or national guard;
• employees of the Labor Relations Commission; and
• officers and employees within the departments of the state secretary, state treasurer (except employees of the State Lottery Commission, see M.G.L. c.150E, §1), state auditor, and attorney general. Note: Subsequent legislative actions, including the reorganization of the Department of Labor and Industries (1993 Mass. Acts c.110) and the abolition of certain county governments (1997 Mass. Acts c.48; 1998 Mass. Acts c.300) have extended bargaining rights to certain employees in the department of the state secretary and the attorney general.

Managerial Employees

The Commission has consistently interpreted the titles listed in M.G.L. c.150E, § 1 as examples of managerial classifications, rather than as positions to be excluded without regard to the exercise of managerial authority. See, City of Chicopee, 19 MLC 1765 (1993), aff'd sub nom. City of Chicopee v. Labor Relations Commission, 38 Mass Ct. 1106 (1995).

M.G.L. c.150E, §1 defines a managerial employee as only one who:

• participates to a substantial degree in formulating or determining policy; or
• assists to a substantial degree in the preparation for or the conduct of collective bargaining on behalf of a public employer; or
• has a substantial responsibility involving the exercise of independent judgment of an appellate responsibility not initially in effect in the administration of a collective bargaining agreement or in personnel administration.

Confidential Employees

M.G.L. c.150E, §1 defines a confidential employees as only one who directly assists and acts in a confidential capacity to a person or persons otherwise excluded from coverage.