HOUSE DOCKET, NO. 727        FILED ON: 1/14/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2345

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

James J. O'Day

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to public higher education collective labor contracts.

_______________

PETITION OF:

 

Name:

District/Address:

James J. O'Day

14th Worcester

Daniel Cahill

10th Essex

Brendan P. Crighton

Third Essex

Marcos A. Devers

16th Essex

Diana DiZoglio

First Essex

Nika C. Elugardo

15th Suffolk

Kenneth I. Gordon

21st Middlesex

Natalie M. Higgins

4th Worcester

Louis L. Kafka

8th Norfolk

David Paul Linsky

5th Middlesex

Christina A. Minicucci

14th Essex

Frank A. Moran

17th Essex

Shaunna L. O'Connell

3rd Bristol

Maria Duaime Robinson

6th Middlesex

Paul F. Tucker

7th Essex

Steven Ultrino

33rd Middlesex

Donald H. Wong

9th Essex

Harold P. Naughton, Jr.

12th Worcester

Paul Brodeur

32nd Middlesex

Mathew J. Muratore

1st Plymouth

Marjorie C. Decker

25th Middlesex

Michael D. Brady

Second Plymouth and Bristol

Gerard J. Cassidy

9th Plymouth

William L. Crocker, Jr.

2nd Barnstable

Michelle L. Ciccolo

15th Middlesex

James B. Eldridge

Middlesex and Worcester

William J. Driscoll, Jr.

7th Norfolk

Jonathan D. Zlotnik

2nd Worcester

Jennifer E. Benson

37th Middlesex

Daniel J. Ryan

2nd Suffolk

Stephan Hay

3rd Worcester

David T. Vieira

3rd Barnstable

Michelle M. DuBois

10th Plymouth

Susannah M. Whipps

2nd Franklin

Sean Garballey

23rd Middlesex


HOUSE DOCKET, NO. 727        FILED ON: 1/14/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2345

By Mr. O'Day of West Boylston, a petition (accompanied by bill, House, No. 2345) of James J. O'Day and others relative to public higher education collective labor contracts.  Public Service.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act relative to public higher education collective labor contracts.

 

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 7 of Chapter 150E of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out paragraph (c) and inserting in place thereof the following two subsections:-

(c)  The provisions of this paragraph shall apply to the chief justice for administration and management, a county sheriff, the PCA quality home care workforce council, the department of early education and care with regard to bargaining with family child care providers, the alcoholic beverage control commission, Massachusetts Department of Transportation and the state lottery commission.

Every such employer shall submit to the governor, within thirty days after the date on which a collective bargaining agreement is executed by the parties, a request for an appropriation necessary to fund such incremental cost items contained therein as are required to be funded in the then current fiscal year, provided, however, that if such agreement first has effect in a subsequent fiscal year, such request shall be submitted pursuant to the provisions of this paragraph. Every such employer shall append to such request an estimate of the monies necessary to fund such incremental cost items contained therein as are required to be funded in each fiscal year, during the term of the agreement, subsequent to the fiscal year for which such request is made and shall submit to the general court within the aforesaid thirty days, a copy of such request and such appended estimate; provided, further, that every such employer shall append to such request copies of each said collective bargaining agreement, together with documentation and analyses of all changes to be made in the schedules of permanent and temporary positions required by said agreement.  Whenever the governor shall have failed, within forty-five days from the date on which such request shall have been received by him, or ninety days prior to the start of each fiscal year in which incremental cost items must be paid, to recommend to the general court that the general court appropriate the monies so requested, the request or the incremental cost items shall be referred back to the parties for further bargaining.

(c 1/2)  The provisions of this paragraph shall apply to the board of higher education and the board of trustees of the University of Massachusetts.

Acting on behalf of the state universities and community colleges, the commission of higher education shall submit to the governor, within thirty days after the date on which a collective bargaining agreement is executed by the parties, a request for an appropriation necessary to fund such incremental cost items contained therein as are required to be funded in the then current fiscal year; provided, however, that if such agreement first has effect in a subsequent fiscal year, such request shall be submitted pursuant to the provisions of this paragraph. The employer shall append to such request an estimate of the monies necessary to fund such incremental cost items contained therein as are required to be funded in all fiscal years covered by the collective bargaining agreement; during the term of the agreement, subsequent to the fiscal year for which such request is made, the governor shall annually submit to the general court a request for an appropriation necessary to fund such incremental cost items contained in the collective bargaining agreement for the subsequent fiscal year; said appropriation request shall supplement, not supplant the prior fiscal year appropriation; provided further that said funding request is to be submitted pursuant to Article LXIII of the constitution.

Acting on behalf the University of Massachusetts board of trustees, the president or acting president of the University of Massachusetts shall submit to the governor, within thirty days after the date on which a collective bargaining agreement is executed by the parties, a request for an appropriation necessary to fund such incremental cost items contained therein as are required to be funded in the then current fiscal year, provided, however, that if such agreement first has effect in a subsequent fiscal year, such request shall be submitted pursuant to the provisions of this paragraph. Every such employer shall append to such request an estimate of the monies necessary to fund such incremental cost items contained therein as are required to be funded in all fiscal years covered by the collective bargaining agreement; during the term of the agreement, subsequent to the fiscal year for which such request is made, the governor shall annually submit to the general court a request for an appropriation necessary to fund such incremental cost items contained in the collective bargaining agreement for the subsequent fiscal year; said appropriation request shall supplement, not supplant the prior fiscal year appropriation; provided further that said funding request is to be submitted pursuant to Article LXIII of the constitution. Every such employer shall append to such request copies of each said collective bargaining agreement, together with documentation and analyses of all changes to be made in the schedules of permanent and temporary positions required by said agreement. Whenever the governor shall have failed, within forty-five days from the date on which such request shall have been received by him, or ninety days prior to the start of each fiscal year in which incremental cost items must be paid, to recommend to the general court that the general court appropriate the monies so requested, the request or the incremental cost items shall be referred back to the parties for further bargaining.