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HOUSE DOCKET, NO. 2206        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1712


The Commonwealth of Massachusetts



Marjorie C. Decker


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 economic stability for displaced service workers.






Marjorie C. Decker

25th Middlesex

Carlo Basile

1st Suffolk

William N. Brownsberger

Second Suffolk and Middlesex

Christopher G. Fallon

33rd Middlesex

Louis L. Kafka

8th Norfolk

Theodore C. Speliotis

13th Essex

Cheryl A. Coakley-Rivera

10th Hampden

Angelo J. Puppolo, Jr.

12th Hampden

Peter V. Kocot

1st Hampshire

Timothy J. Toomey, Jr.

26th Middlesex

James J. O'Day

14th Worcester

Frank I. Smizik

15th Norfolk

John P. Fresolo

16th Worcester

Kenneth I. Gordon

21st Middlesex

Thomas M. Stanley

9th Middlesex

Christine E. Canavan

10th Plymouth

Tom Sannicandro

7th Middlesex

Paul W. Mark

2nd Berkshire

Daniel A. Wolf

Cape and Islands

Martha M. Walz

8th Suffolk

Anne M. Gobi

5th Worcester

Jay R. Kaufman

15th Middlesex

Danielle W. Gregoire

4th Middlesex

Aaron Vega

5th Hampden

John J. Lawn, Jr.

10th Middlesex

James R. Miceli

19th Middlesex

Denise Provost

27th Middlesex

Colleen M. Garry

36th Middlesex

Denise Andrews

2nd Franklin

Ellen Story

3rd Hampshire

Sal N. DiDomenico

Middlesex and Suffolk

Jonathan Hecht

29th Middlesex

Elizabeth A. Malia

11th Suffolk

Josh S. Cutler

6th Plymouth

Mark J. Cusack

5th Norfolk

Gloria L. Fox

7th Suffolk

Brian R. Mannal

2nd Barnstable

Carl M. Sciortino, Jr.

34th Middlesex

Kay Khan

11th Middlesex

David M. Rogers

24th Middlesex

Ruth B. Balser

12th Middlesex

Michael J. Moran

18th Suffolk

Antonio F. D. Cabral

13th Bristol

Dennis A. Rosa

4th Worcester

William C. Galvin

6th Norfolk

Mary S. Keefe

15th Worcester

Michael D. Brady

9th Plymouth

Paul R. Heroux

2nd Bristol

Russell E. Holmes

6th Suffolk

Linda Dorcena Forry

12th Suffolk

Byron Rushing

9th Suffolk

Thomas P. Conroy

13th Middlesex

HOUSE DOCKET, NO. 2206        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1712

By Ms. Decker of Cambridge, a petition (accompanied by bill, House, No. 1712) of Marjorie C. Decker and others for legislation to provide economic stability for displaced non-professional airport employees.  Labor and Workforce Development. 


The Commonwealth of Massachusetts



In the Year Two Thousand Thirteen



An Act relative to economic stability for displaced service workers.


              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 150 of chapter 149, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word “159C”, in line 21, the following word:-

              “, 189”.

              SECTION 4.  Chapter 149 is hereby further amended by inserting after section 188 the following sections:-

              Section 189

              (a)  As used in this section, the following words, unless the context clearly requires otherwise, shall have the following meanings:-

              (A)              “Awarding authority” means any person that awards or otherwise contracts for property or non professional airport services performed within the Commonwealth including contracted janitorial, security, maintenance and aviation services.

              (B)              “Successor Contractor” means any person or entity that employs, or that will employ by the acquisition of a contract for service covered by this section, 10 or more individuals engaged in property or aviation services, and who assumes a service contract where essentially the same services were previously performed by another contractor in the same location within the previous 30 days.

              (C)              “Predecessor Contractor” means any person or entity that performs a contract for property or aviation services prior to the commencement of the successor contractor. 

              (D)              “Service Employee” means any employee performing services including but not limited to janitorial, maintenance, aviation  and security services who works non-seasonally for at least 8 hours per week.  This does not include a person who is a managerial, supervisory, or confidential employee, including those employees who would be so defined under the federal Fair Labor Standards Act.

              (E)              “Service Contract” means any contract that has the principal purpose of providing janitorial, maintenance, security, aviation or other services through the use of service employees.

              (b) Where an awarding authority uses a service contract for the purpose defined in Section 189(a), subsection (E), a successor contractor shall retain, for a minimum 90-day transition period, service employees who have been employed by a predecessor contractor for the preceding four months or longer. 

              The successor contractor shall make a written offer of employment to each employee not less than 10 days prior to the commencement of service;

              The employee must answer the offer not more than 10 days from the date the offer is made;

              If the full complement of the predecessor’s employees is not retained by the successor because the successor requires fewer employees to perform the service contract, the remaining employees of the predecessor contractor will be placed on a preferential hiring list and will have the right of first refusal for any new open position during the transition period. 

              The employer will have the right to discharge the employee during the transition period for cause which shall be based on work performance or conduct, but in no case will the discharge be arbitrary or capricious.  

              (c) The awarding authority shall have the obligation, in accordance with the requirements above, to notify a predecessor contractor within 3 days of the granting of a new award and awardee.  Predecessor contractor will have the obligation to supply successor contractor and awarding authority with the employee names and corresponding dates of hire and job classification. Upon commencement of service, the successor contractor shall provide to the awarding authority a list of all employees providing service at the site or sites pertaining to the new contract for service with the awarding authority, indicating which employees were employed by the predecessor and which were not.      

              Failures or omissions in contravention of subsection 189(c) will result in a fine to either awarding authority, predecessor contractor, or both of $500.00 per employee prejudiced, to be paid to the Massachusetts Department of Unemployment Assistance.  

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