Bill > S1290

This bill establishes a detailed process for resolving collective bargaining impasses between employee organizations and the commonwealth of Massachusetts. If an employee organization and the state reach a deadlock after 30 days following a fact-finder's report, the organization can petition a board to investigate the dispute. If the board determines that good faith efforts have been made and an impasse exists, it will help establish an arbitration panel, typically consisting of three members: one chosen by the employee organization, one by the commonwealth, and an impartial chairman selected by the first two arbitrators. The arbitration process includes formal hearings where both parties can present evidence, with the panel having the power to subpoena witnesses and documents. At the hearing's conclusion, each party must submit their final, best offer, and the arbitration panel must choose one of these offers or the fact-finder's recommendations within ten days. The arbitrators must consider multiple factors in their decision, including the commonwealth's financial capacity, public welfare, employment hazards, comparative wages, cost of living, and overall employee compensation. The resulting decision is binding and can be enforced by a superior court. The bill specifically notes limitations on arbitration for police and firefighter matters, particularly regarding appointments and promotions, and requires the commonwealth to negotiate minimum staffing levels. Any award would be retroactive to the previous contract's expiration date.

Budget and Finance, Labor and Employment

https://malegislature.gov/Bills/194/S1290