Current through Register 1531, September 27, 2024
(1)
Notice to the Department. To safeguard the financial
interests of the Commonwealth and to reduce the possibility of disapproval of
increased state funding for a proposed collective bargaining agreement between an
LHA and an employee organization affecting programs receiving financial assistance
from the Department, the LHA shall take the following actions:
(a) Prior to bargaining with any employee
organization, the LHA shall notify the Department, in writing, of its intention to
begin collective bargaining, and promptly schedule and participate in a
pre-bargaining conference with the Department to discuss pertinent matters
pertaining to the collective bargaining. The LHA shall provide the Department with a
description of the bargaining unit.
(b)
At the pre-bargaining conference, the LHA and the Department shall review any
current or expired collective bargaining agreements and proposals it anticipates
will be made during negotiations either by the LHA or by the employee organization,
and the costs and impacts of the proposals on the LHA and its employees.
(c) At the end of negotiations, the LHA shall
submit a copy of the collective bargaining agreement to the Department for its
review.
(d) Whenever proceedings are
initiated before the Massachusetts Labor Relations Commission or any other
commission, board, agency or court which may affect the terms of a collective
bargaining agreement which is reviewable by the Department, the LHA shall provide
written notice to the Department of the initiation of the proceeding and shall
provide semiannual status reports thereafter.
(2)
Department Review of the
Collective Bargaining Agreement.
(a)
The Department will review the following aspects of a collective bargaining
agreement to determine whether it was based on sensible negotiating practices:
1. its cost;
2. whether it promotes efficiency of
operations;
3. whether it promotes
stability of labor relations;
4. whether
it promotes equal opportunity in employment; and
5. whether the agreement adequately provides for
the following:
a. A "no-strike or lockout" clause,
wherein the employee organization agrees that employees will not engage in a strike,
walkout, slowdown or other work stoppage, and an agreement by the LHA that it will
not lock out employees, during the term of the collective bargaining
agreement.
b. A grievance and
arbitration procedure, as authorized by M.G.L. c. 150E, § 8.
c. A clause whereby all of the provisions of the
collective bargaining agreement are subordinate to applicable provisions of federal
or state law.
(b)
During the Department's review, and on its request, the LHA shall promptly make
available all information and documents that are relevant to the review and shall
provide a written statement of the facts and reasons supporting any terms which may
be under review.
(3)
Non-compliance and Sanctions. If the applicable financial
terms of a collective bargaining agreement exceed the LHA's approved budget or if
its terms fail to reflect sensible negotiating practices, including inadequate
regard for the financial interests of the Commonwealth, the Department may:
(a) Deny an increase in state funding to pay for
the LHA's increased financial obligations under the agreement.
(b) Rate the LHA's management (by issuing a
finding) on account of any such financial imbalance or any such poor negotiating
practices.
(c) Take such other
appropriate action as may be warranted under the circumstances and applicable
law.
