What is an unfair labor practice?
An unfair labor practice occurs when a public employer or employee organization (union) violates certain rights protected under the Massachusetts public employee collective bargaining law, M.G.L. c. 150E (Chapter 150E).
Section 10 of Chapter 150E identifies prohibited practices, which may include:
- Interfering with employees' rights to organize or participate in union activities.
- Discriminating or retaliating against employees for engaging in protected union activities.
- Refusing to bargain collectively in good faith.
- Failing to fulfill a union's duty of fair representation.
DLR investigates alleged violations and enforces the law.
Who can file an unfair labor practice charge?
Public-sector employees represented by a union may file an unfair labor practice charge if they believe their employer or union violated Chapter 150E.
Public employers and employee organizations may also file charges under the law.
Filing an unfair labor practice charge
If you believe your rights under Chapter 150E have been violated, you can submit a charge to the DLR. Generally, you must file your charge within six months of the date you knew or should have known about the alleged unfair labor practice.
When filing, you will need to provide information about the alleged violation, the employer and union involved, and the remedy you are requesting.
What happens after you file a charge?
After receiving and docketing your charge, DLR will contact you about scheduling an investigation.
During the investigation, DLR reviews the allegations to determine whether further proceedings are warranted. Depending on the findings, the charge may be dismissed, referred for other proceedings, or proceed to a hearing.
For more information, review the following resources:
Additional resources
Massachusetts public sector labor laws and regulations
DLR administers and enforces Massachusetts collective bargaining laws to promote stable and cooperative labor relations between public employers and their employees.