Unfair labor practices - Massachusetts

Summary of differences between federal and state regulations

Massachusetts has substantial labor relations laws. While similar to the federal law, there are some additional provisions, including coverage of certain private sector employees over whom the National Labor Relations Board has declined jurisdiction, and employees of certain public authorities.

Unfair labor practices

Under state law, it is an unfair labor practice for an employer to:

• Interfere with, restrain or coerce employees in the exercise of union-related rights.
• Dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it.
• Discriminate in regard to hire or tenure of employment or any term or condition of employment, to encourage or discourage membership in any labor organization.
• Discharge or otherwise discriminate against an employee because he has filed charges or given testimony related to union rights.
• Refuse to bargain collectively with the representatives of his employees.
• Discharge or otherwise discriminate against any employee because he is not a member in good standing of a labor organization with whom the employer has made an agreement to require as a condition of employment membership therein.

Miscellaneous provisions

Among other things, Massachusetts labor relations laws contains the following provisions:

Single employee in a one-man unit has collective bargaining rights.

Covers all employees except agricultural workers, domestic service workers, any individual employed by his parent or spouse.

There are specific requirements regarding arbitration.

Labor relations commission may designate majority unions.

Public employees are prohibited from striking. (The government will intervene whenever an industrial dispute that has not been settled by collective bargaining threatens an immediate and substantial interruption in the production or distribution of food, fuel, water, electric light or power, gas, or hospital or medical services which would dangerously curtail their availability in any community.)

Massachusetts labor relations law is not applicable to any unfair labor practice involving employees who are subject to and protected by the Federal Railway Labor Act, or to any unfair labor practice governed exclusively by the National Labor Relations Act or other federal statute or regulations, unless the federal agency declines to assert jurisdiction or concedes jurisdiction to Massachusetts.

Right to work

The state has no right to work law.

State

Contacts

Labor Relations Commission

National Labor Relations Board (Region 1)

Regulations

Employer-employee relations

General Laws of Massachusetts, Title II, Chapter 23, Sections 3 and 9O through 9R
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter23

Outside influences in labor disputes

General Laws of Massachusetts, Title XX, Chapter 147, Sections 27 and 30
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter147

Labor organizations

General Laws of Massachusetts, Title XXI, Chapter 149, Sections 2, 19, 20, 20A through 20E, 22 through 24, 179C and 180, 181, 183, 184
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149

Labor relations

General Laws of Massachusetts, Title XXI, Chapter 150A, Section 1 et seq., Labor Relations
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter150A

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

Public employees

General Laws of Massachusetts, Title XXI, Chapter 150E, Section 1 et seq., Labor Relations: Public Employees
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter150E

Federal

Contact

National Labor Relations Board

Regulations

29 U.S.C. §§151-169

29 U.S.C. §401 et seq.