HOUSE DOCKET, NO. 663        FILED ON: 1/12/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2605

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act defining the responsibilities of the labor relations commission in work stoppages..

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.  Chapter 150E, Section 9A of the Massachusetts General Laws, as appearing in the 2004 Official Edition, is amended by deleting paragraph (b) and substituting a new paragraph (b) as follows:-

(b) whenever a strike occurs or is about to occur, the employer shall petition the commission to make an investigation to determine whether any provision of Section (a) has been or is about to be violated.  If the Commission so determines, it shall instruct the employer to institute appropriate proceedings in the Superior Court in the county wherein such violation has occurred or is about to occur.  Furthermore, the Court may in its discretion appoint a master to meet with the parties and to recommend possible solutions for the resolution of the controversy.  Further the Commission shall conduct an expedited hearing and subpoena witnesses to investigate the cause of the alleged violation of Section (a)1.  If the Commission finds that the violation has been caused by an unfair labor practice of the employer then the employees shall be absolved of any civil fines or penalties levied by the Court and the Commission may order round the clock bargaining and penalize by a fine of not more than five hundred dollars for parties who refuse to obey the order of the Commission.