Amendment #242 to H3400

Employer Responsibility Trust Fund 2

Mr. Chan of Quincy moves to amend the bill by inserting after section 99 the following new section:

Section XX:- Notwithstanding any general or special law to the contrary, in the event that the implementation of sections 38, 50, 51, 52, 100 and 101 or any other section of this bill results in the displacement of employees at the Department of Workplace Development due to the transfer of work to any other state agency in the Commonwealth, said employees shall be transferred to the state agency receiving the work without interruption of service, without impairment of seniority, retirement or other rights of the employees, and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such transfer, and without loss of accrued rights to holidays, sick leave, vacation or benefits, and without change in union representation or certified collective bargaining unit as certified by the state labor relations commission or in local union representation or affiliation. Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment in that agreement shall continue as if the employees had not been so transferred. The transfer shall not impair the civil service status of any such reassigned employee who immediately before the effective date of this act either held a permanent appointment in a position classified under chapter 31 of the General Laws or who has tenure in a position by reason of section 9A of chapter 30 of the General Laws.

Notwithstanding any general or special law to the contrary, all such employees shall continue to retain their right to collectively bargain under chapter 150E of the General Laws and shall be considered employees of Commonwealth for the purposes of said chapter 150E.

Nothing in this section shall confer upon any employee any right not held immediately before the date of the transfer, or prohibit any reduction of salary grade, transfer, reassignment, suspension discharge layoff or abolition of position not prohibited before such date