Amendment #1191 to H4000

Protecting Labor Unions from Federal Attacks

Ms. Decker of Cambridge moves to amend the bill by adding the following section:-

“SECTION XX. Section 5 of chapter 150A of the General Laws is hereby amended by striking, in subsection (c), the last sentence, and replacing it with the following new paragraphs:-

Notwithstanding any other provision of this section or any other general or special law, in the event that the Commonwealth is no longer preempted from regulating the labor-management relations of any private sector employer, bargaining unit, industry or trade operating in the Commonwealth under Federal law, Chapter 150A shall apply upon the effective date of this legislation or the date 29 U.S.C. preemption no longer applies, whichever is later. The Department shall, upon application, promptly certify the exclusive bargaining representative of any bargaining unit who previously certified the unit with the National Labor Relations Board and whose certification remained in effect until federal preemption was no longer effective.

Notwithstanding any other provision of this section or any other general or special law, in the event that the National Labor Relations Board determines that any employer, employees, trade or industry, as defined in Section 1 falls outside the scope of the National Labor Relations Act’s coverage, or should the Board decline jurisdiction over the same, G.L. c. 150A shall hereby upon the effective date of this legislation or the date the national labor relations board determines the absence of its authority, whichever is later. The department shall, upon application, promptly certify the exclusive bargaining representative of any bargaining unit previously certified by the National Labor Relations Board and whose certification remained in effect until federal preemption was no longer effective.

The board or, by designation, the department, shall establish rules and procedures for the prompt verification of evidence of a certification formerly granted by the NLRB, which rules shall include the procedure for petitioning the Department, and which shall further provide that, absent exceptional cause, the verification procedure shall last not longer than 30 days after the petition is filed with the Department.  All existing terms and conditions of employment between a formerly NLRB-certified exclusive bargaining representative and an employer shall remain in full force and effect through the Department’s verification process.

Additional co-sponsor(s) added to Amendment #1191 to H4000

Protecting Labor Unions from Federal Attacks