['Unions/Labor Relations']
['Alternative Dispute Resolution (ADR)']
06/11/2024
...
SEARCH
Summary of differences between federal and state regulations
Federal law supporting alternative dispute resolution is found in the Administrative Dispute Resolution Act of 1996, 5 USC Sec. 571 – 584, and the Federal Arbitration Act, 9 USC Sec. 1 – 16. These laws provide some detail on ADR, but also leave it to various parties (government agencies, for instance) to adopt various forms of alternative dispute resolution.
In addition to the federal law, there are numerous state laws on ADR. In fact, thirty-five states have adopted the Uniform Arbitration Act as state law. Several states have also adopted the Revised Uniform Arbitration Act.
Below is a summary of Massachusetts’ requirements regarding ADR. Consult the regulatory links for detailed information.
Arbitration
Under Massachusetts’ law, a written agreement or a provision in a written agreement between a labor organization or organizations and an employer or employers or association or group of employers to submit to arbitration any existing controversy or any controversy thereafter arising between parties to the agreement, including but not restricted to any controversy dealing with rates of pay, wages, hours or other terms and conditions of employment of any employee or employees, is valid, enforceable and irrevocable, except as otherwise provided by law or in equity for the revocation of any contract.
A party aggrieved by the failure or refusal of another to proceed to arbitration under an agreement may apply to the superior court for an order directing the parties to proceed to arbitration. The court shall order arbitration unless
- the opposing party denies the existence of the agreement to arbitrate; or
- the claim sought to be arbitrated does not state a controversy covered by the provision for arbitration; provided, that an order for arbitration shall not be refused where a dispute concerning the interpretation or application of the arbitration provision is itself made subject to arbitration or on the ground that the claim in issue lacks merit or bona fides or because no fault or grounds for the claim have been shown.
Strikes and Lockouts
When the Board of Conciliation and Arbitration has knowledge that a strike or lockout involving an employer and employees is seriously threatened or has actually occurred, the Board will communicate with such employer and employees and endeavor by mediation to obtain an amicable settlement, or endeavor to persuade them to submit the controversy to a local board of conciliation and arbitration or to the Board. If a settlement is not agreed upon and the parties refuse to submit the matter in dispute to arbitration, the Board will investigate the cause of such controversy and ascertain which of the parties is mainly responsible for the controversy, and will, unless a settlement of the controversy is reached, make and publish a report finding such cause and assigning such responsibility or blame.
The Board may employ agents to assist in the investigation. It will, upon the request of the governor, investigate and report upon a controversy if in his opinion it seriously affects or threatens seriously to affect the public welfare.
State
Contacts
Federal Mediation and Conciliation Service
Board of Conciliation and Arbitration (Now part of the Labor and Relations Board)
National Labor Relations Board (Region 1)
Regulations
General Laws of Massachusetts, Part I, Title XXI, Chapter 150, Sections 1 through 10A
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter150
Settlement of disputes
General Laws of Massachusetts, Title XXI, 150B, Section 1 et seq., Peaceful Settlement Of Industrial Disputes Dangerous To Public Health And Safety.
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter150b
Collective Bargaining/Arbitration
General Laws of Massachusetts, Title XXI, Chapter 150C, Section 1 et seq., Collective Bargaining Agreements to Arbitrate
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter150c
Federal
Contacts
Federal Mediation and Conciliation Service
National Labor Relations Board
Regulations
The Administrative Dispute Resolution Act of 1996, 5 USC sec. 571 – 584
The Federal Arbitration Act, 9 USC sec. 1 – 16
READ MORESHOW LESS
['Unions/Labor Relations']
['Alternative Dispute Resolution (ADR)']
Load More
J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations.
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.