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HOUSE DOCKET, NO. 1037         FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1654

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Martin J. Walsh

_______________

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 to clarify terms of collective bargaining agreements.

_______________

PETITION OF:

 

Name:

District/Address:

Martin J. Walsh

13th Suffolk

Denise Provost

27th Middlesex

Ellen Story

3rd Hampshire

Anne M. Gobi

5th Worcester

Timothy J. Toomey, Jr.

26th Middlesex

Cheryl A. Coakley-Rivera

10th Hampden

Sean Curran

9th Hampden

Carlos Henriquez

5th Suffolk

Christopher N. Speranzo

3rd Berkshire

Kevin J. Murphy

18th Middlesex

Rhonda Nyman

5th Plymouth

Byron Rushing

9th Suffolk

Kathi-Anne Reinstein

16th Suffolk

Thomas A. Golden, Jr.

16th Middlesex

John F. Keenan

 

Brian M. Ashe

2nd Hampden

Cleon H. Turner

1st Barnstable

Lori A. Ehrlich

8th Essex

Harold P. Naughton, Jr.

12th Worcester

James J. O'Day

14th Worcester

Steven M. Walsh

11th Essex

Michael F. Rush

Suffolk and Norfolk

Joyce A. Spiliotis

12th Essex

Carl M. Sciortino, Jr.

34th Middlesex

Jason M. Lewis

31st Middlesex

Martha M. Walz

8th Suffolk

James J. Dwyer

30th Middlesex

Frank I. Smizik

15th Norfolk

Alice K. Wolf

25th Middlesex

Jennifer E. Benson

37th Middlesex

Angelo J. Puppolo, Jr.

12th Hampden

John P. Fresolo

16th Worcester

Colleen M. Garry

36th Middlesex

Sean Garballey

23rd Middlesex

John H. Rogers

12th Norfolk

Kay Khan

11th Middlesex

David B. Sullivan

6th Bristol

William Smitty Pignatelli

4th Berkshire

Michael F. Kane

5th Hampden

Christine E. Canavan

10th Plymouth

John D. Keenan

7th Essex

Christopher G. Fallon

33rd Middlesex

Nick Collins

4th Suffolk

Michael D. Brady

9th Plymouth

Benjamin Swan

11th Hampden

James M. Cantwell

4th Plymouth

Stephen Stat Smith

28th Middlesex


HOUSE DOCKET, NO. 1037        FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1654

By Mr. Walsh of Boston, a petition (accompanied by bill, House, No. 1654) of Martin J. Walsh and others for legislation to clarify the terms of certain public employee collective bargaining agreements.  Public Service. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act to clarify terms of collective bargaining agreements.
 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              WHEREAS,  it is the General Court's intent to clarify and reaffirm, consistent with § 9O of Chapter 23 of the General Laws and contrary to the conclusion reached by the Supreme Judicial Court in Boston Housing Authority v. Firemen and Oilers, Local 3, SEIU, SJC-10569 (October 22, 2010), that public employers and employee organizations may voluntarily include a provision in a collective bargaining agreement to continue the terms of that agreement in excess of three years while the parties negotiate a successor agreement,

              Whereas, the deferred operation of this Act would tend to defeat its purpose, which is to declare and clarify the intent of Chapter 150E, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public good.

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

              Chapter 150E § 7(a) is hereby amended to add the following at the end of the first sentence ". . . provided that a provision in the agreement setting forth that its terms remain in effect beyond three years while the parties negotiate a successor agreement is valid and enforceable.  This proviso shall be applied retroactively to agreements that contained such a provision but otherwise expired prior to the effective date of this Act."

              THEREFORE be it enacted.

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