456 CMR Department of labor relations
29 USC §§ 151-169 National labor relations act
Selected case law
Board of Higher Education v. Commonwealth Employment Relations Board, 483 Mass. 310 (2019)
Approved a union contract provision that placed a cap on the percentage of classes taught by part time faculty at public colleges.
Branch v. Commonwealth Employment Relations Board, 481 Mass. 810 (2019)
Public employee unions can no longer collect agency fees from nonunion members but still continue to provide exclusive representation in negotiating wages and working conditions for nonmembers within their bargaining units.
Commonwealth v. Hunt, 45 Mass. 111, 4 Metcalf 111 (1842)
Case is considered a landmark decision in the legalization of labor unions.
Boston Housing Authority v. National Conference of Firemen and Oilers, Local 3, 458 Mass. 155 (2010)
An "evergreen clause" extending the terms of a lapsed contract during negotiation, "was rendered invalid by G. L. c. 150E, § 7 (a), which prohibits extending the duration of a CBA beyond three years."
Harris v. Quinn, 573 US 616 (June 30, 2014)
Limiting agency fee. In a case involving a narrow class of employees, who are considered state employees only for the purposes of collective bargaining, but are otherwise not state employees, the court held that the "First Amendment prohibits the collection of an agency fee from Rehabilitation Program PAs who do not want to join or support the union."
Janus v. AFSME Council 31, __ US __ ; 138 S. Ct. 2448 (June 27, 2018)
Government workers who choose not to join unions may not be required to pay agency fees to the union for collective bargaining services.
NLRB v. Weingarten, 420 US 251 (1975)
Union members have a right to have a representative present if the interview may result in disciplinary consequences. "The right arises only in situations where the employee requests representation."
Department of Labor Relations forms, includes forms for: public employment, private employment, conciliation, mediation, and arbitration.
A guide to the Massachusetts public employee collective bargaining law, Mass. Dept. of Labor Relations, 2017.
This well-known book is now available online full-text. Includes detailed procedures, summary of law, and more.
Memorandum concerning Boston Housing Authority v. National Conference of Firemen and Oilers, Local 3, 458 Mass. 155 (2010), Chief Counsel Memorandum 2010-1, Department of Labor Relations, December 2, 2010.
If a public union contract expires, the terms and conditions in effect at the end of the contract will remain in effect.
NLRB bench book, National Labor Relations Board, 2019
This bench book "sets forth Board precedent and other rulings and authorities on certain recurring procedural and evidentiary issues that may arise during the hearing. It is not a digest of substantive law. Nor should it be cited as precedent or considered a substitute for issue-specific research."
NLRB manuals, National Labor Relations Board. Includes:
- NLRB Casehandling Manual: Compliance Proceeding, 2020
Long (over 300 p.) document covers all facets of compliance proceedings.
- NLRB Casehandling Manual: Representation Proceedings, 2020
Long (over 300 p.) document covers the whole process from pre-election through post-election.
- NLRB Casehandling Manual: Unfair Labor Practice Proceedings, 2020
Extremely lengthy (almost 300 p.) online version of book covers everything you need to know about unfair labor practice.
Your rights in the workplace, Nolo, 2018.
Chapter 15: Labor unions "provides information about labor unions in the U.S. such as the National Labor Relations Act, the Labor Management Relations Act, and the Labor Management Reporting and Disclosure Act. It also discusses state right-to-work laws as well as the types of union work situations in the country." Requires library card for access.
"Enabling employee choice: a structural approach to the rules of union organizing," by Benjamin I. Sachs, Harvard law review, Vol. 123, Issue 3 (January 2010), pp. 655-729
How to take a case before the NLRB, BNA, 2016
Labor and employment in Massachusetts, Jeffrey L. Hirsch, LexisNexis, loose-leaf
Chapter 12: Unions and Collective Bargaining.
Massachusetts employer's guide, Aspen Publishers, loose-leaf
Chapter 10: Unions and Government Contractors.
Massachusetts employment law, MCLE, loose-leaf.
Chapters 24 and 25.
Massachusetts labor cases, New England Legal Publishers, monthly.
Municipal law and practice (Mass. practice v.18), Douglas A. Randall and Douglas E. Franklin, Thomson/West, with supplement
Chapter 12: Labor Relations.
|Last updated:||January 6, 2021|