Massachusetts Statutes

Section 3A. Anything contained in this chapter to the contrary notwithstanding as regards sections one, two, three, four (1), four (4), ten, eleven and twelve, the term ''employee'' shall include any individual, over the age of seventeen, employed in the domestic service of any f…

Section 4. It shall be an unfair labor practice for an employer— (1) To interfere with, restrain or coerce employees in the exercise of the rights guaranteed in section three. (2) To dominate or interfere with the formation or administration of any labor organization or contribut…

Section 4A. It shall be an unfair labor practice for any person or labor organization— (1) To seize or occupy unlawfully private property as a means of forcing settlement of a labor dispute; or (2) To authorize or engage in any strike, slowdown, boycott or other concerted cessati…

Section 4B. It shall be an unfair labor practice for a labor organization to refuse to bargain collectively with any employer who has recognized it as the exclusive representative of employees in a unit appropriate for the purposes of collective bargaining.

Section 4C. It shall be an unfair labor practice:— (1) For any health care facility or any charitable home for the aged to institute, declare or cause, or to attempt to institute, declare or cause, any lockout of any of its nurse or nonprofessional employees; or (2) For any nurse…

Section 5. (a) Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, including representatives selected or designated by an individual in a one-man unit, shall be the exclusive re…

Section 5A. In the case of a person engaged in agriculture, as hereinafter defined, and having a permanent hired work force of more than four agricultural workers who are not members of his family, the provisions of section five shall apply; provided that only the employer unit s…

Section 6. (a) The commission is empowered, as hereinafter provided, to prevent any person from engaging in any unfair labor practice listed in sections four, four A, four B and four C affecting industry, trade or health care. This power shall be exclusive, and shall not be affec…

Section 6A. Any employee who is required as a condition of employment to be a member in good standing of a labor organization may file with the commission a charge alleging (1) that, although eligible to membership, he has been unfairly denied admission to, or unfairly suspended …

Section 6B. Any person aggrieved by a final order of the commission under section six A granting or denying relief, may obtain a review of such order in the manner provided in section six.

Section 6C. During any disciplinary proceedings within a labor organization or any proceedings under sections six A and six B, or either of them, the employee shall continue to pay the regular union dues and assessments.

Section 7. For the purpose of all hearings and investigations which, in the opinion of the commission, are necessary and proper for the exercise of the powers vested in it by sections five, six, six A and six B— (1) The commission, or its duly authorized agents or agencies, shall…

Section 8. Any person who shall wilfully resist, prevent, impede or interfere with any member of the commission or any of its agents or agencies in the performance of duties pursuant to this chapter shall be punished by a fine of not more than five thousand dollars or by imprison…

Section 9. Nothing in this chapter, except as provided in sections four A and four C, shall be construed so as to interfere with or impede or diminish in any way the right to strike.

Section 9A. (a) In the event of the existence of a grievance or a dispute between a health care facility or a charitable home for the aged and an organization designated or selected as the exclusive representative of any nurse or nonprofessional employee of such facility or of su…

Section 1. The general court hereby finds that the distribution of food, fuel, water, electric light and power, gas, and hospital and medical services is essential to the public health and safety and that the settlement of industrial disputes which threaten substantial interrupti…

Section 2. When used in this chapter— ''Person'' includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. ''Employer'' includes any person acting in the interest of an employer, directly or …

Section 3. In the event that the secretary of labor and workforce development finds that a labor dispute has not been settled by collective bargaining and imminently threatens a substantial interruption in the production or distribution of essential goods or services, he shall ce…

Section 4. (a) Whenever the governor finds that as a result of a labor dispute an interruption of production or distribution has occurred or is imminently threatened which would curtail the availability of essential goods or services to such an extent as to endanger the health or…

Section 5. (a) No person, other than the commonwealth as provided in subsection (b) hereof and except as provided in subsection (c) of section four, shall be entitled to legal or equitable relief in any court of the commonwealth as a result of a violation of any provision of this…

Section 6. If any provision of this chapter or the application of such provision to any person or circumstance shall be held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, s…

Section 7. None of the provisions of this chapter shall be applicable to any dispute involving employees who are subject to and protected by the Federal Railway Labor Act.

Section 8. Any person appointed by the governor to serve as a moderator or as a member of a special commission or as an impartial member of an emergency board or any person selected as an impartial member of an emergency board under the provisions of this act, shall receive a per…

Section 1. A written agreement or a provision in a written agreement between a labor organization or organizations, as defined in subsection (5) of section two of chapter one hundred and fifty A, and an employer or employers or association or group of employers to submit to arbit…

Section 10. Upon application of a party, the superior court shall confirm an award, unless within the time limits, hereinafter imposed grounds are urged for vacating, modifying or correcting the award, in which case the court shall proceed as provided in sections eleven and twelv…

Section 11. (a) Upon application of a party, the superior court shall vacate an award if:— (1) the award was procured by corruption, fraud or other undue means; (2) there was evident partiality by an arbitrator appointed as a neutral, or corruption in any of the arbitrators, or m…

Section 12. (a) Upon application made within thirty days after delivery of a copy of the award to the applicant, the superior court shall modify or correct the award if:— (1) There was an evident miscalculation of figures or an evident mistake in the description of any person, th…

Section 13. Upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in conformity therewith and shall be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto, and disbu…

Section 14. Except as otherwise provided, an application to the superior court under this chapter shall be heard upon fourteen days' notice in the manner provided by law or rule of court for the hearing of motions. Unless the parties have agreed otherwise, notice of an initial ap…

Section 15. An initial application shall be made to the superior court for a county in which two or more employees covered by the agreement described in section one have their place of employment, or to the superior court for the county of Suffolk, but if so presented to the supe…

Section 16. An appeal may be taken from (1) an order denying an application to compel arbitration made under paragraph (a) of section two; (2) an order granting an application to stay arbitration made under paragraph (b) of section two; (3) an order confirming or denying confirma…

Section 2. (a) A party aggrieved by the failure or refusal of another to proceed to arbitration under an agreement described in section one may apply to the superior court for an order directing the parties to proceed to arbitration. The court shall order arbitration unless (1) t…

Section 3. If the arbitration agreement provides a method for the appointment of arbitrators, such method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or if an arbitrator appointed fails or is unable to act and his…

Section 4. The powers of the arbitrators may be exercised by a majority thereof unless otherwise provided by the agreement or by this chapter.

Section 5. Unless otherwise provided by the agreement:— (a) The arbitrators shall appoint a time and place for the hearing and cause written notice to the parties to be served personally or by registered mail not less than five days before the hearing. Appearance at the hearing s…

Section 6. A party shall have the right to be represented by an attorney at any proceeding or hearing under this chapter, notwithstanding any waiver of such right prior to the proceeding or hearing.

Section 7. (a) The award shall be in writing and signed by the arbitrators concurring in the award. The arbitrators shall deliver a copy of the award to each party personally or by registered mail, or as provided in the agreement. (b) An award shall be made within the time fixed …

Section 8. Upon application of a party or, if an application to the court is pending under sections ten, eleven or twelve, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds …

Section 9. Unless otherwise provided in the agreement to arbitrate, the arbitrator's expenses and fees, together with other expenses, except counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.

Section 1. The following words and phrases as used in this chapter shall have the following meaning unless the context clearly requires otherwise:— ''Board'', the board of conciliation and arbitration established under section seven of chapter twenty-three. ''Commission'', the la…

Section 10. (a) It shall be a prohibited practice for a public employer or its designated representative to: (1) Interfere, restrain, or coerce any employee in the exercise of any right guaranteed under this chapter; (2) Dominate, interfere, or assist in the formation, existence,…

Section 11. (a) When a complaint is made to the department of labor relations that a practice prohibited by section 10 has been committed, the director may refer the matter to an investigator. The employer, the employee organization, or the person so complained of shall have the …

Section 12. The commonwealth or any other employer shall require as a condition of employment during the life of a collective bargaining agreement so providing, the payment on or after the thirtieth day following the beginning of such employment or the effective date of such agre…

Section 13. The commission shall maintain a list of employee organizations. To be recognized as such and to be included in the list an organization shall file with the commission a statement of its name, the name and address of its secretary or other officer to whom notices may b…

Section 14. No person or association of persons shall operate or maintain an employee organization under this chapter unless and until there has been filed with the commission a written statement signed by the president and secretary of such employee organization setting forth th…

Section 15. Whoever wilfully assaults, physically resists, prevents, impedes, or interferes with a mediator, fact-finder, or arbitrator, or any member of the commission or any of the agents or employees of the commission in the performance of duties pursuant to this chapter shall…