Budget Amendment ID: FY2018-S3-1031-R1

Redraft TRP 1031

Transparency in MBTA Contract Proposals

Messrs. Keenan and Eldridge, Ms. L'Italien, Messrs. Pacheco, Lewis, Brady and McGee, Ms. Gobi, Ms. O'Connor Ives, Messrs. Cyr, O'Connor, Boncore, Timilty, Moore and Rush, Ms. Forry, Messrs. Ross and deMacedo moved that the proposed new text be amended in section 4, by inserting at after the word “employees”, in line 7, the following words:- “; provided, however, that the representatives duties shall include, but not be limited to, ensuring that the department and its agencies adhere to good faith negotiations in all labor contracts or contract changes.”; and

by inserting after section 66 the following 2 sections:-

“SECTION 66A. Subsection (b) of section 201 of chapter 46 of the acts of 2015 is hereby amended by inserting after the first sentence the following sentence:-  If the privatization of a core transportation service or maintenance function is being proposed or considered, the general manager’s update shall include an affirmation that good faith negotiations with the employee organizations representing the employees performing the work proposed for privatization have occurred prior to considering privatization and a description of those efforts including, but not limited to, a description of the bargaining history of the parties, including the dates, times, and lengths of negotiation meetings between the parties and any beliefs of the parties that an impasse exist.

SECTION 66B. Section 203 of said chapter 46 is hereby amended by striking out clause (v) and inserting in place thereof the following clause:-  (v) review any contract for the provision of services entered into or proposed by the authority, including contracts entered into before the establishment of the fiscal and management control board including, but not limited to, commuter rail and paratransit service contracts, and amend those contracts or contract proposals, as necessary, in accordance with their terms; provided, however, that in its review of any contract or contract proposal for the privatization of a core transportation service or maintenance function, the control board shall require the general manager to submit information regarding whether good faith negotiations occurred prior to considering privatization and shall consider this information in its determination of whether to approve or amend a contract.”