Mass. Gen. Laws ch. 161A, sec. 26 — MA Code / Part I / Title XXII / Chapter 161A / Section 26
State labor relations law; applicability; non-members; limitations of exclusive representative's duty of fair representation; grievances
Status: in_force

Section 26. Notwithstanding any provisions of law to the contrary, the provisions of section 5 of chapter 150A shall so far as apt apply to the authority and its employees, excepting directors, executives and those confidential employees representing the authority and dealing with employee organizations. Nothing in this section shall be construed as conferring upon the employees of the authority the right to strike, nor as detracting from the obligations of the authority and the employees to submit all grievances and other disputes to arbitration. The exclusive representative may act for and negotiate agreements covering all employees in the unit and shall be responsible for representing the interests of all such employees without discrimination and without regard to employee organization membership. The exclusive representative may require a non-member to pay for the reasonable costs and fees, including arbitrator fees and related attorney fees, for grieving or arbitrating a matter arising under an agreement negotiated pursuant to this section and brought at the non-member's request. The exclusive representative may require non-members to pay anticipated costs and fees prior to a grievance or arbitration hearing. Failure to pay costs and fees shall relieve the exclusive representative of further responsibility to the non-member regarding the matter. An exclusive representative's duty of fair representation to a public employee who is in the bargaining unit shall be limited to the negotiation and enforcement of the terms of agreements with the authority. The laws of the commonwealth shall not prohibit an employee organization from providing only to its members legal, economic or job-related services or benefits outside of the collective bargaining agreement. An employee may present a grievance to the authority and have the grievance heard without intervention by the exclusive representative of the employee organization representing the employee; provided, however, that the exclusive representative is afforded the opportunity to be present at conferences and that any adjustment made shall not be inconsistent with the terms of an agreement then in effect between the authority and the exclusive representative.

Section 26. Notwithstanding any provisions of law to the contrary, the provisions of section 5 of chapter 150A shall so far as apt apply to the authority and its employees, excepting directors, executives and those confidential employees representing the authority and dealing with employee organizations. Nothing in this section shall be construed as conferring upon the employees of the authority the right to strike, nor as detracting from the obligations of the authority and the employees to submit all grievances and other disputes to arbitration.

The exclusive representative may act for and negotiate agreements covering all employees in the unit and shall be responsible for representing the interests of all such employees without discrimination and without regard to employee organization membership. The exclusive representative may require a non-member to pay for the reasonable costs and fees, including arbitrator fees and related attorney fees, for grieving or arbitrating a matter arising under an agreement negotiated pursuant to this section and brought at the non-member's request. The exclusive representative may require non-members to pay anticipated costs and fees prior to a grievance or arbitration hearing. Failure to pay costs and fees shall relieve the exclusive representative of further responsibility to the non-member regarding the matter.

An exclusive representative's duty of fair representation to a public employee who is in the bargaining unit shall be limited to the negotiation and enforcement of the terms of agreements with the authority. The laws of the commonwealth shall not prohibit an employee organization from providing only to its members legal, economic or job-related services or benefits outside of the collective bargaining agreement.

An employee may present a grievance to the authority and have the grievance heard without intervention by the exclusive representative of the employee organization representing the employee; provided, however, that the exclusive representative is afforded the opportunity to be present at conferences and that any adjustment made shall not be inconsistent with the terms of an agreement then in effect between the authority and the exclusive representative.