HOUSE DOCKET, NO. 24 FILED ON: 7/30/2009
HOUSE . . . . . . . . . . . . . . . No. 24
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The Commonwealth of Massachusetts
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In the Year Two Thousand Nine
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An Act MAKING TECHNICAL AMENDMENTS REGARDING THE DIVISION OF LABOR RELATIONS WITHIN THE DEPARTMENT OF LABOR..
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. Section 9R(a) of chapter 23 of the General Laws, as appearing in section 5 of chapter 145 of the acts of 2007, is hereby amended by striking out, in the first sentence, the numeral “5” and inserting in place thereof the following numeral:- 6 .
SECTION 2. Section 9T(c) of chapter 23 of the General Laws, as appearing in section 5 of chapter 145 of the acts of 2007, is hereby amended by striking out, in the second sentence, the words “the 3 following sections” and inserting in place thereof the following words:- sections 9P, 9Q, and 9R of this chapter.
SECTION 3. Section 19 of chapter 23D of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 25 and 26, the words “board of conciliation and arbitration” and inserting in place thereof the following words:- division of labor relations.
SECTION 4. Section 46 of chapter 30 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 4, 5, 12, 17, 24, 32, and 33, the words “labor relations commission” and inserting in place thereof the following words:- division of labor relations.
SECTION 5. Section 46C of said chapter 30, as so appearing, is hereby amended by striking out, in line 7, the words “labor relations commission” and inserting in place thereof the following words:- division of labor relations.
SECTION 6. Section 20C of chapter 149 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 66 and 72, the words “labor relations commission” and inserting in place thereof the following words:- division of labor relations.
SECTION 7. Said section 20C is hereby further amended by striking out, in line 68, the word “commission” and inserting in place thereof the following word:- division.
SECTION 8. Section 52C of chapter 149 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 67, the words “Labor Relations Commission” and inserting in place thereof the following words:- Division of Labor Relations.
SECTION 9. Section 1 of chapter 150 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 1 and 2, the words “board of conciliation and arbitration, in this chapter called the board” and inserting in place thereof the following words:- division of labor relations, in this chapter called the division.
SECTION 10. Section 2 of said chapter 150, as so appearing, is hereby repealed.
SECTION 11. Section 3 of said chapter 150, as so appearing, is hereby amended by striking out, in lines 3, 5, 7, 11, 13, 17, 21, 22, and 24, the word “board” and inserting in place thereof the following word:- division.
SECTION 12. Section 4 of said chapter 150, as so appearing, is hereby amended by striking out, in lines 3, 7, 9, and 14, the word “board” and inserting in place thereof the following word:- division.
SECTION 13. Section 5 of said chapter 150, as so appearing, is hereby amended by striking out, in lines 2, 6, 10, 11, and 17, the word “board” and inserting in place thereof the following word:- division.
SECTION 14. Section 6 of said chapter 150, as so appearing, is hereby amended by striking out, in lines 5, 15, 25, 34, 39, 40, 45, and 47, the word “board” and inserting in place thereof the following word:- division.
SECTION 15. Section 7 of said chapter 150, as so appearing, is hereby amended by striking out, in lines 3, 7, 9, 13, 15, 20, and 22, the word “board” and inserting in place thereof the following word:- division.
SECTION 16. Said section 7 is hereby further amended by striking out, in line 6, the word “member” and inserting in place thereof the following word:- representative.
SECTION 17. Section 8 of chapter 150 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 2 and 6, the word “board” and inserting in place thereof the following word:- division.
SECTION 18. Said section 8 is hereby further amended by striking out, in line 2, the word “member” and inserting in place thereof the following word:- representative.
SECTION 19. Section 9 of said chapter 150 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 7, 8, 11, and 15, the words “state board” and inserting in place thereof the following word:- division.
SECTION 20. Section 10 of said chapter 150, as so appearing, is hereby repealed.
SECTION 21. Section 2 of Chapter 150A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 48 through 49, subsection (8) and inserting in place thereof the following new subsection:-
(8) The term "division'' means the division of labor relations existing under section 9O of chapter 23, and the term “board” means the commonwealth employment relations board existing under section 9R of chapter 23.
SECTION 22. Said section 2, as amended by section 1 of chapter 120 of the acts of 2007, is hereby further amended by striking out, in subsection 12 thereof, the word “commission” and inserting in place thereof the following word:- board.
SECTION 23. Section 3A of chapter 150A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 7, the words “department of labor and workforce development” and inserting in place thereof the following word:- division.
SECTION 24. Section 4 of said chapter 150A, as so appearing, is hereby amended by striking out, in line 7, the words “commission pursuant to section nine R of chapter twenty-three” and inserting in place thereof the following words:- division pursuant to section 9T of chapter 23.
SECTION 25. Section 4A of said chapter 150A, as so appearing, is hereby amended by striking out, in line 14, the word “commission” and inserting in place thereof the following word:- division.
SECTION 26. Subsection (b) of section 5 of said chapter 150A, as so appearing, is hereby amended by striking out, in lines 10, 15, and 17, the word “commission” and inserting in place thereof the following word:- board.
SECTION 27. Subsection (c) of said section 5 is hereby amended by striking out, in lines 23, 26, 28, and 32, the word “commission” and inserting in place thereof the following word:- division.
SECTION 28. Said subsection (c), as amended by section 2 of chapter 120 of the acts of 2007, is hereby further amended by striking out the word “commission” wherever it appears therein, and inserting in place thereof the following word:- division.
SECTION 29. Subsection (d) of section 5 of chapter 150A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 47 and 48, the word “commission” and inserting in place thereof the following word:- division.
SECTION 30. Said subsection (d) is hereby further amended by striking out, in lines 50, 51, 54, and 57, the word “commission” and inserting in place thereof the following word:- board.
SECTION 31. Said subsection (d) is hereby further amended by striking out, in lines 47, 48, 51, and 55, the word “member” and inserting in place thereof the following word:- representative.
SECTION 32. Subsection (e) of section 5 of chapter 150A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 58 and 65, the word “commission” and inserting in place thereof the following word:- board.
SECTION 33. Section 6 of chapter 150A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 1, 8, 9, 12, 15, and 21, the word “commission” and inserting in place thereof the following word:- division.
SECTION 34. Said section 6 is hereby further amended by striking out, in lines 33, 36, 38, 39, 44, 48, 51, and 53, the word “commission” and inserting in place thereof the following word:- board.
SECTION 35. Section 6A of chapter 150A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 3, 13, 17, 28, 35, and 36, the word “commission” and inserting in place thereof the following word:- division.
SECTION 36. Section 6B of said chapter 150A, as so appearing, is hereby amended by striking out, in line 1, the word “commission” and inserting in place thereof the following word:- division.
SECTION 37. Section 7 of said chapter 150A, as so appearing, is hereby amended by striking out, in lines 2, 4, 8, 11, 12, 13, 22, 23, 30, 38, 39, 46, 56, and 58, the word “commission” and inserting in place thereof the following word:- division.
SECTION 38. Said section 7 is hereby further amended by striking out, in lines 8, 11, and 12, the word “member” and inserting in place thereof the following word:- representative.
SECTION 39. Section 8 of chapter 150A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 2, the words “member of the commission” and inserting in place thereof the following words:- representative of the division.
SECTION 40. Section 10 of said chapter 150A, as so appearing, is hereby amended by striking out, in lines 10 and 11, the word “commission” and inserting in place thereof the following word:- division.
SECTION 41. Section 1 of chapter 150E of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 4 and 5, the words “board of conciliation and arbitration established under section seven of chapter twenty-three” and inserting in place thereof the following words:- commonwealth employment relations board established under section 9R of chapter 23.
SECTION 42. Said section 1 is hereby further amended by striking out, in lines 6 and 7, the words “‘Commission’, the labor relations commission” and inserting in place thereof the following words:- "Division'', the division of labor relations.
SECTION 43. Said section 1 is hereby further amended by striking out, in line 17, the word “commission” and inserting in place thereof the following word:- division.
SECTION 44. Said section 1, as amended by section 3 of chapter 120 of the acts of 2007, is hereby further amended by striking out therein the word “commission” and inserting in place thereof the following word:- division.
SECTION 45. Section 3 of chapter 150E of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 1, the word “commission” and inserting in place thereof the following word:- division.
SECTION 46. Section 4 of said chapter 150E, as so appearing, is hereby amended by striking out, in lines 6, 8, 28, 32, 34, and 37, the word “commission” and inserting in place thereof the following word:- division.
SECTION 47. Said section 4 is hereby further amended by striking out, in lines 37, 38, 40, and 45, the word “member” and inserting in place thereof the following word:- representative.
SECTION 48. Said section 4 is hereby further amended by striking out, in lines 40, 41, 43, 44, and 47, the word “commission” and inserting in place thereof the following word:- board.
SECTION 49. Said Section 4 is hereby further amended by striking out, in lines 18 and 25, the word “commission” and inserting in place thereof the following words:- board or division agent or representative.
SECTION 50. Said section 4, as amended by section 4 of chapter 120 of the acts of 2007, is hereby further amended by striking out therein the word “commission” and inserting in place thereof the following word:- division.
SECTION 51. Section 7 of chapter 150E of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 4, the word “commission” and inserting in place thereof the following word:- division.
SECTION 52. Section 8 of said chapter 150E, as so appearing, is hereby amended by striking out, in line 5, the word “commission” and inserting in place thereof the following word:- board.
SECTION 53. Section 9 of said chapter 150E, as so appearing, is hereby amended by striking out, in lines 3, 4, 7, 10, 13, 19, 22, 23, 25, 26, 30, 31, 34, 36, 38, 54, and 66, the word “board” and inserting in place thereof the following word:- division.
SECTION 54. Section 9A of said chapter 150E, as so appearing, is hereby amended by striking out, in line 6, the word “commission” and inserting in place thereof the following word:- division.
SECTION 55. Said section 9A is hereby further amended by striking out, in line 7, the word “commission” and inserting in place thereof the following word:- board.
SECTION 56. Section 12 of said chapter 150E, as so appearing, is hereby amended by striking out, in line 7, the word “commission” and inserting in place thereof the following word:- division.
SECTION 57. Section 13 of said chapter 150E, as so appearing, is hereby amended by striking out, in lines 1, 3, 6, 9, 15, and 18, the word “commission” and inserting in place thereof the following word:- division.
SECTION 58. Section 14 of said chapter 150E, as so appearing, is hereby amended by striking out, in lines 3, 17, 18, and 21, the word “commission” and inserting in place thereof the following word:- division.
SECTION 59. Section 15 of said chapter 150E, as so appearing, is hereby amended by striking out, in line 3, the word “member” and inserting in place thereof the following word:- representative.
SECTION 60. Said section 15 is hereby further amended by striking out, in lines 3 and 4, the word “commission” and inserting in place thereof the following word:- division.
SECTION 61. Section 25 of chapter 161A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 68, the words “board of conciliation and arbitration” and inserting in place thereof the following words:- division of labor relations.
SECTION 62. Section 29 of chapter 161A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 6, 7, 22, and 23, the words “board of conciliation and arbitration” and inserting in place thereof the following words:- division of labor relations.
SECTION 63. Said section 29 is hereby further amended by striking out, in lines 8, 24 and 30, the word “board” and inserting in place thereof the following word:- division.
SECTION 64. Section 30 of said chapter 161A, as so appearing, is hereby amended by striking out, in line 2, the words “board of conciliation and arbitration” and inserting in place thereof the following words:- division of labor relations.
SECTION 65. Section 17G of chapter 180 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 8, the words “labor relations commission” and inserting in place thereof the following words:- division of labor relations.
SECTION 66. Section 17J of said chapter 180, as so appearing, is hereby amended by striking out, in lines 8 and 9, the words “labor relations commission” and inserting in place thereof the following words:- division of labor relations.
SECTION 67. Section 5 of chapter 211A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 8, the words “labor relations commission” and inserting in place thereof the following words:- division of labor relations and the commonwealth employment relations board.
SECTION 68. Subsection (a) of section 577 of chapter 151 of the acts of 1996, is hereby amended by striking out the words “labor relations commission” and inserting in place thereof the following words:- division of labor relations.
SECTION 69. Subsections (a) and (b) of section 577 of said chapter 151 are hereby amended by striking out the word “the commission” wherever they appear therein, and inserting in place thereof the following words:- the division.
SECTION 70. Said subsections (a) and (b) are hereby further amended by striking out the words “board of conciliation and arbitration” wherever they appear therein, and inserting in place thereof the following words:- division.
SECTION 71. Subsection (c) of section 577 of said chapter 151 is hereby amended by striking out, in the first and fourth sentences, the word “commission” and inserting in place thereof the following word:- division.
SECTION 72. Said subsection (c) is hereby further amended by striking out the third sentence and inserting in place thereof the following sentence:- The arbitrator’s decision shall be reviewed by the same standards set forth in said section eleven and shall be subject to the same deference that is afforded decisions of the division, provided, however, that in the event of a conflict between a decision of an arbitrator and a prior decision of the commonwealth employment relations board or its predecessor, the decision of the board shall be afforded greater deference.
SECTION 73. Subsection (d) of section 577 of said chapter 151 is hereby repealed.
SECTION 74. Section 8 of chapter 145 of the acts of 2007 is hereby amended by striking out the words “labor relations commission, the board of conciliation and arbitration, and the joint labor management committee”, and inserting in place thereof the following words:- labor relations commission and the board of conciliation and arbitration.