reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 182 - Standards of Corporate Behavior; Companies Financed With Assistance of Quasi-Public Agencies

Section 182. Any person utilizing financing issued, insured, or subsidized by a quasi-public agency of the commonwealth shall agree to accept the following voluntary standards of corporate behavior, without limiting the independent powers and findings required to be made by any such quasi-public agency:
In the event of a plant closing or partial closing as defined in section seventy-one A of chapter one hundred and fifty-one A, the company agrees to make a good-faith effort to provide every employee affected with the maximum practicable combination of the following: the longest practicable advance notice in cases where notice is possible and appropriate; and maintenance of income and health insurance benefits.
The company shall also, if possible, help to reemploy affected employees.
While no minimum standard is prescribed for these company responses, the commonwealth expects firms to provide at least ninety days notice or equivalent benefits whenever possible.
The precise form of said agreement shall be determined by the respective quasi-public agency.
For the purposes of this section, ''quasi-public agency'' shall mean, the Massachusetts Industrial Finance Agency, established by section three of chapter four hundred and ninety-six of the acts of nineteen hundred and seventy-eight, the Community Development Finance Corporation, established by section two of chapter eight hundred and sixty-six of the acts of nineteen hundred and seventy-five, the Massachusetts Technology Development Corporation, established by section one of chapter four hundred and ninety-seven of the acts of nineteen hundred and seventy-eight, the Government Land Bank, established by chapter two hundred and twelve of the acts of nineteen hundred and seventy-five, and the Massachusetts Product Development Corporation, established by chapter forty K.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 186 - Broadcasting Industry; Noncompete Agreements

Section 186. Any contract or agreement which creates or establishes the terms of employment for an employee or individual in the broadcasting industry, including, television stations, television networks, radio stations, radio networks, or any entities affiliated with the foregoing, and which restricts the right of such employee or individual to obtain employment in a specified geographic area for a specified period of time after termination of employment of the employee by the employer or by termination of the employment relationship by mutual agreement of the employer and the employee or by termination of the employment relationship by the expiration of the contract or agreement, shall be void and unenforceable with respect to such provision. Whoever violates the provisions of this section shall be liable for reasonable attorneys' fees and costs associated with litigation of an affected employee or individual.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 191 - Conduct Constituting Unlawful Discriminatory Practice Against Domestic Workers; Enforcement

Section 191. (a) It shall be an unlawful discriminatory practice for an employer to: (i) engage in unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature to a domestic worker if submission to the conduct is made either explicitly or implicitly a term or condition of the domestic worker's employment, if submission to or rejection of the conduct by a domestic worker is used as the basis for employment decisions affecting the domestic worker or if the conduct has the purpose or effect of unreasonably interfering with a domestic worker's work performance by creating an intimidating, hostile or offensive working environment; (ii) subject a domestic worker to unwelcome harassment based on sex, sexual orientation, gender identity, race, color, age, religion, national origin or disability if the harassment has the purpose or effect of unreasonably interfering with a domestic worker's work performance by creating an intimidating, hostile or offensive working environment; or (iii) refuse job-protected leave for the birth or adoption of a child by the domestic worker or a spouse under section 105D.
(b) For the purposes of clause (i) of subsection (a), ''domestic worker'' shall include personal care attendants as defined in section 190.
(c) This section shall be enforced by the Massachusetts Commission Against Discrimination pursuant to chapter 151B.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 193 - Effect of Professional Employer Agreements on Collective Bargaining or Rights of Employees Under Any Applicable State or Federal Law

Section 193. (a) Nothing contained in sections 192 to 203, inclusive, or in any professional employer agreement shall affect, modify or amend any collective bargaining agreement or the rights or obligations of any client, PEO or covered employee under chapter 150A, chapter 150E, the federal National Labor Relations Act, the federal Railway Labor Act or any other applicable federal or state law.
(b) Collective bargaining, if commenced after an agreement is entered into between a PEO and a client, shall be conducted as required by federal and state law.
(c) Nothing in sections 192 to 203, inclusive, or in any professional employer agreement shall: (i) diminish, abolish or remove rights of covered employees to a client or obligations of such client to a covered employee existing prior to the effective date of the professional employer agreement under federal or state law; (ii) affect, modify or amend any contractual relationship or restrictive covenant between a covered employee and any client in effect at the time a professional employer agreement becomes effective or prohibit or amend any contractual relationship or restrictive covenant that is entered into subsequently between a client and a covered employee; provided, however, that a PEO shall have no responsibility or liability in connection with, or arising out of, any such existing or new contractual relationship or restrictive covenant unless the PEO has specifically agreed otherwise in writing; or (iii) affect, modify or amend any employee rights under federal, state, local or municipal law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 194 - Licensing, Registration or Certification Requirements Under Professional Employer Agreements

Section 194. (a) Nothing in sections 192 to 203, inclusive, or any professional employer agreement shall affect, modify or amend any federal, state or local licensing, registration or certification requirement applicable to any client or covered employee.
(b) A covered employee who is required to be licensed, registered or certified according to law or regulation shall be deemed solely an employee of the client for purposes of any such license, registration or certification requirement.
(c) A PEO shall not be engaged in any occupation, trade, profession or other activity that is subject to licensing, registration or certification requirements or is otherwise regulated by a government agency solely by entering into and maintaining a PEO relationship with a covered employee who is subject to such requirements or regulation.
(d) A client shall have the sole right of direction and control of the professional or licensed activities of covered employees and of the client's business. Covered employees and clients shall remain subject to regulation by the regulatory or governmental entity responsible for licensing, registration or certification of such covered employees or clients.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 195 - Tax Credits and Other Economic Incentives; Covered Employees Deemed as Client's Employees Under Professional Employer Agreements; Status as Small, Minority-Owned, Disadvantaged, Woman-Owned Business or Other Underutilized Class of Enterprise

Section 195. (a) For purposes of the determination of tax credits and other economic incentives provided by the commonwealth or other government entity and based on employment, covered employees shall be deemed solely the client's employees. A client shall be entitled to the benefit of any tax credit, economic incentive or other benefit arising as the result of the employment of covered employees of such client. Notwithstanding that the PEO is the reporting employer for the purposes of the federal Internal Revenue Service form W–2, the client shall continue to qualify for the benefit, incentive or credit. If the grant or amount of any benefit, incentive or credit is based on number of employees, then each client shall be treated as employing only those covered employees involved in a PEO relationship by such client. Covered employees working for other clients of the PEO shall not be counted. Each PEO shall provide, upon request by a client or by agency employment information reasonably required for administration of any tax credit or economic incentive and necessary to support any request, claim, application or other action by a client seeking any tax credit or economic incentive.
(b) With respect to a bid, contract, purchase order or agreement entered into with the commonwealth or a political subdivision thereof, a client company's status or certification under federal or state law as a small, minority-owned, disadvantaged, woman-owned business or other underutilized class of enterprise shall not be affected because the client company has entered into a PEO relationship.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 198 - Professional Employer Agreements; Taxes, Assessments or Mandated Expenditures on per Capita or per Employee Basis, or Upon Total Payroll Basis

Section 198. (a) A tax assessed or an assessment or a mandated expenditure on a per capita or per employee basis shall be assessed against the client for covered employees and against the PEO for its employees who are not covered employees involved in a PEO relationship with a client. Benefits or monetary consideration that meet the requirements of mandates imposed on a client and that are received by covered employees through the PEO through payroll or through benefit plans sponsored by the PEO shall be credited against the client's obligation to fulfill such mandates.
(b) If there is a tax or an assessment imposed or calculated upon the basis of total payroll, the PEO shall be eligible to apply any small business allowance or exemption available to the client for the covered employees for purpose of computing the tax.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 199 - Workers' Compensation for Covered Employees Under Professional Employer Agreements

Section 199. (a) Workers' compensation shall be provided to covered employees at each client company either by the PEO or by the client company of the covered employee pursuant to chapter 152 and regulations promulgated pursuant to said chapter 152.
(b) PEOs and clients shall comply with employer notice requirements pursuant to sections 21 and 22 of said chapter 152.
(c) To the extent the PEO has assumed responsibility in the professional employer agreement, the PEO shall maintain responsibility for the management of workers' compensation claims.
(d) The professional employer agreement shall specify the allocation of responsibilities between the PEO and the client for workplace safety, risk and hazard control including the responsibility for disclosing information about workplace injuries and illness required by the federal Occupational Safety and Health Act and for performing workplace safety inspections of all premises where covered employees are employed.
(e) Where the PEO has workers' compensation coverage and has executed an alternate employer endorsement naming the client as an additional insured, both the client and the PEO shall be considered the employer for purpose of coverage under said chapter 152.
(f) Where the client has workers' compensation coverage and has executed an alternate employer endorsement naming the PEO as an additional insured, both the client and the PEO shall be considered the employer for the purpose of coverage under said chapter 152.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 200 - Unemployment Insurance for Employees Covered by Professional Employer Agreement

Section 200. (a) For purposes of chapter 151A, covered employees of a PEO shall be considered the employees of the client and the PEO shall be responsible for the payment of contributions, penalties and interest on wages paid by the PEO to its covered employees during the term of the applicable professional employer agreement.
(b) The PEO shall report and pay all required contributions to the unemployment compensation fund using the state employer account number and the experience rate of the client company pursuant to said chapter 151A and the regulations promulgated pursuant to said chapter 151A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 201 - Employee Count Under Professional Employer Agreements

Section 201. Except as otherwise provided in this chapter, for the purposes of federal, state or local laws relating to employee count, including, but not limited to, paid and unpaid leave, health and transportation benefits and protection under fair employment laws, the employee count shall include all of the client company's employees, including the client's employees who are covered employees under the PEO relationship between the client and the PEO.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 202 - Prohibited Acts Relating to Professional Employer Services; Disciplinary Actions; Complaints; Hearing; Sanctions

Section 202. (a) A person shall not knowingly and intentionally: (i) offer or provide professional employer services or use the names PEO, professional employer organization, staff leasing, employee leasing, administrative employer or other title representing professional employer services without registering with the department pursuant to section 196; (ii) provide false or fraudulent information to the department in conjunction with any registration, renewal or in any report required pursuant to sections 192 to 203, inclusive; (iii) enter into a PEO relationship and split a client workforce for the sole purpose of avoiding compliance with federal, state or municipal laws; or (iv) make a material misrepresentation to the department, to other governmental agencies or to covered employees.
(b) Disciplinary action may be taken by the department for violation of sections 192 to 203, inclusive, including for: (i) the conviction of a PEO or a controlling person of a PEO of a crime that relates to the operation of a PEO or the ability of the licensee or a controlling person of a licensee to operate a PEO; (ii) knowingly making a material misrepresentation to the department or other governmental agency; or (iii) a willful violation of sections 192 to 203, inclusive, or any related order or regulation.
(c) Any individual may file a complaint with the department against a PEO, PEO group, controlling person of a PEO, person offering professional employer services or a client. The complaint shall be filed in writing, with the department, in a form prescribed by the director.
(1) Upon receipt of a complaint, the department shall proceed to review and investigate the complaint to determine if further action is warranted.
(2) If the director, after investigation, has cause to believe that there has been a violation of this chapter, the director may refer the complaint to the office of the attorney general.
(d) Upon finding, after notice and opportunity for hearing, that a PEO, PEO group, controlling person of a PEO, person offering professional employer services or client has violated 1 or more provisions of this chapter, including the failure to furnish records and requested information to the department and its inspectors, or has hindered or interfered with any authorized inspector while in the performance of the inspector's duties, subject to any appeal, the director may: (i) deny an application for a license; (ii) revoke, suspend, restrict or refuse to renew a license; (iii) impose an administrative penalty in an amount not to exceed $1,000 for each material violation; (iv) place the licensee on probation for the period and subject to conditions that the department specifies; or (v) issue a cease and desist order.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149 - Labor and Industries › Section 203 - Failure of Professional Employer Organization to Pay Wages in Accordance With Chapters 148 and 151

Section 203. Wages shall be paid in accordance with section 148 of this chapter and any minimum wage and overtime requirements as provided for in chapter 151. A PEO who fails to pay wages, to the extent the PEO has assumed responsibility in the professional employer agreement or subsequent written agreement and as required under this chapter, shall be subject to penalties under this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149a - Public Construction Alternative Delivery Methods › Section 1 - Construction Management at Risk Delivery Method; Notice

Section 1. For each contract for the construction, reconstruction, installation, demolition, maintenance or repair of any building estimated to cost not less than $5,000,000, a public agency, as defined pursuant to section 44A of chapter 149, may elect to use the construction management at risk delivery method, pursuant to sections 1 to 13, inclusive. Prior to using the construction management at risk delivery method, the public agency shall obtain a notice to proceed from inspector general pursuant to section 4 of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149a - Public Construction Alternative Delivery Methods › Section 3 - Owner's Project Manager; Designer

Section 3. (a) Before procuring the services of a designer pursuant to subsection (b) and prior to submitting an application to use the construction management at risk delivery method pursuant to section 4, the public agency shall procure or otherwise employ the services of an owner's project manager pursuant to section 44A1/2 of chapter 149. The owner's project manager may assist the public agency in the procurement of the designer.
(b) Before submitting an application to use the construction management at risk delivery method pursuant to section 4, the public agency shall procure the services of a designer for the building project. In procuring the services of a designer, the public agency shall do so in a manner consistent with sections 38A1/2 to 39O, inclusive, of chapter 7. The designer procured by the public agency shall be independent of the owner's project manager and the construction management at risk firm.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149a - Public Construction Alternative Delivery Methods › Section 10 - Applicability of Other Laws

Section 10. Sections 26, 27, 27A, 27B, 27C, 27D, 29, 29C, and 34A of chapter 149, and sections 39F, 39J, 39K, 39N, 39O, 39P and 39R of chapter 30 shall apply to all building projects using the construction management at risk delivery method as provided in this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149a - Public Construction Alternative Delivery Methods › Section 11 - Definition of Terms From Other Laws

Section 11. For purposes of sections 1 to 10, inclusive of this chapter, the following terms as they may appear in other statutory provisions referred to in this chapter shall have the following meanings:
''Awarding authority'', ''contracting authority'', ''contracting body'', or ''public body'', a public agency.
''General contractor'', ''contractor'', or ''contractor principal'', a construction management at risk firm.
''Subcontractor'', a subcontractor and trade contractor except that the term ''subcontractor'' in subsection (3) of section 39F of chapter 30 shall mean a trade contractor pursuant to subsection (a) and a subcontractor pursuant to subsection (j) of section 8.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149a - Public Construction Alternative Delivery Methods › Section 12 - Regulations and Procedures

Section 12. The inspector general shall promulgate regulations and procedures to implement sections 1 to 11, inclusive. In preparing the regulations and procedures, the inspector general shall, at a minimum, consult with the Associated General Contractors, the Associated Subcontractors of Massachusetts, the Boston Society of Architects, the Massachusetts Building Trades Council, the exempt agencies as identified in subsection (d) of section 4, and other parties considered necessary to promulgate the regulations and procedures.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149a - Public Construction Alternative Delivery Methods › Section 13 - Review; Report

Section 13. Not later than 5 years after the effective date of this chapter, the inspector general shall undertake and complete a review for the purpose of describing the experience of public agencies that utilized construction manager at risk services. The review shall serve as the basis for a report to be submitted by the inspector general to the joint committee on state administration, the clerk of the house of representatives, and to the clerk of the senate not later than October 1, 2009. The report shall also include legislative recommendations, if any.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149a - Public Construction Alternative Delivery Methods › Section 14 - Design Build Contracts

Section 14. Notwithstanding section 39M of chapter 30, for each contract for the construction, reconstruction, alteration, remodeling or repair of a public works project by an awarding authority and estimated by the awarding authority to cost not less than $5,000,000, the awarding authority may utilize design build for the construction, reconstruction, alteration, remodeling or repair of any public works project pursuant to this section and sections 15 to 21, inclusive; but, before using the design build, the awarding authority shall seek the approval of the inspector general pursuant to section 16.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149a - Public Construction Alternative Delivery Methods › Section 18 - Design Professional; Scope of Work Statement

Section 18. Before issuing an RFQ pursuant to section 17, the awarding authority shall contract for the duration of the 2 phase selection process with a design professional to provide technical advice and professional expertise to the awarding authority; but, in retaining the services of a design professional the awarding authority may utilize the services of a design professional already in the employ of the awarding authority, or if the awarding authority does not already have in its employ the design professional, the awarding authority shall procure the services of a design professional pursuant to sections 38A1/2 to 38O, inclusive, of chapter 7.
After the awarding authority has retained a design professional, the awarding authority shall develop with the assistance of the design professional a scope of work statement that defines the public works project and provides prospective design build entities with sufficient information regarding the awarding authority's objectives and requirements. The scope of work statement shall include criteria and preliminary design, general budget parameters, and general schedule requirements to enable prospective design build entities to submit proposals in response to the RFP issued pursuant to section 19.
Once the awarding authority has developed a scope of work statement that adequately defines the awarding authority's objectives and requirements for the public works project, the awarding authority may develop and issue a draft RFP at the same time and in the same manner as issuing an RFQ pursuant to section 17. Design build entities receiving a draft RFP may submit written comments on the draft RFP to the awarding authority at the same time as submitting a response to the RFQ issued pursuant to section 4. The awarding authority may, at its sole discretion, incorporate written comments received from design build entities within the final RFP and may provide to design build entities prequalified to submit a proposal the final RFP pursuant to section 6.
The design professional retained to provide technical assistance and consulting services to the awarding authority shall not be eligible to participate in any way as a member of the design build entities competing for the award of the design build contract.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149a - Public Construction Alternative Delivery Methods › Section 19 - Design Build Contracts; Request for Proposals; Bid Deposit

Section 19. The awarding authority shall issue an RFP to each design build entity that has been prequalified to receive an RFP pursuant to section 17. In addition to identifying the date by which the RFP is to be submitted to the awarding authority, the following requirements shall apply to an RFP issued pursuant to this section, unless noted otherwise:
(1) The RFP shall set forth a detailed scope of work including design concepts, technical requirements, performance criteria, construction requirements, time constraints and all other requirements that have a substantial impact on the cost, schedule and quality of the public works project and the project development process, as determined by the awarding authority.
(2) The RFP shall include the criteria for evaluating and ranking proposals.
(3) The RFP shall identify the cost basis, low-bid or best value, by which the awarding authority will evaluate proposals submitted in response to said RFP. For projects to be awarded on a best-value basis, the scoring process, quality criteria and relative weight thereof must be contained in the RFP.
(4) At the awarding authority's discretion, the RFP may provide for a process, including the establishment of a team, to review conceptual technical submittals before full proposal submittal for the purposes of identifying defects that would cause rejection of the proposal as non-responsive.
(5) All such technical conceptual submittals and responses shall remain confidential until after the award of the contract.
(6) The RFP shall require that every response shall be accompanied by a bid deposit in the form of a bid bond, or cash, or a certified check on, or a treasurer's or cashier's check issued by, a responsible bank or trust company, payable to the awarding authority. The amount of such bid deposit shall be 5 per cent of the value of the bid. Any person submitting a bid under this section shall, on such bid, certify as follows:
The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this paragraph the word ''person'' shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.
___
(Name of person signing bid)
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(Company)
The RFP may provide for a stipend upon terms specified in the RFP to unsuccessful proposers that submit proposals that conform to the requirements of the RFP; but, the awarding authority may only use ideas and designs contained in non-successful proposals if a stipend, as defined in the RFP, is paid to the proposer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 149a - Public Construction Alternative Delivery Methods › Section 21 - Regulations and Guidelines for Design Build Contracts

Section 21. The inspector general shall promulgate regulations and guidelines to implement sections 14 to 20, inclusive. In preparing said regulations and guidelines, the inspector general shall, at a minimum, consult with the Construction Industries of Massachusetts, the American Council of Engineering Companies, the Massachusetts Municipal Association, the National Association of Minority Contractors, New England Chapter, the Massachusetts Building Trades Council, the exempt agencies as identified in subsection (d) of section 4, and other parties whose input is would be helpful in promulgating said regulations and guidelines.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 150 - Conciliation and Arbitration of Industrial Disputes › Section 2 - Rules and Regulations; Filing; Report

Section 2. The chairman of the board of conciliation and arbitration shall promulgate rules and regulations necessary for the performance of responsibilities and powers set forth in the General Laws and any special laws; provided, however, that said chairman shall file a copy of any rules and regulations or amendments thereto with the clerks of the senate and the house of representatives who, with the approval of the president of the senate and speaker of the house of representatives, shall refer such rules and regulations to an appropriate committee of the general court. Within thirty days after such filing the appropriate committee of the general court shall hold a hearing on such regulations and shall issue a report and file a copy with the board of conciliation and arbitration. Said board shall consider such report and make revisions in the regulations as it deems appropriate in view of such report and shall forthwith file a copy of the final rules and regulations with the chairman of the committee of the general court to which the rules and regulations were referred.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 150 - Conciliation and Arbitration of Industrial Disputes › Section 3 - Controversies, Strikes or Lockouts

Section 3. The mayor of a city or the selectmen of a town, having knowledge that a strike or lockout is seriously threatened or has actually occurred therein, shall at once give notice to the board. Notice may be given by the employer or by the employees concerned in the controversy, strike or lockout. When the board has knowledge that a strike or lockout, which involves an employer and his present or former employees, is seriously threatened or has actually occurred, the board shall, as soon as may be, 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 established under section nine 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 shall investigate the cause of such controversy and ascertain which of the parties thereto is mainly responsible or blameworthy for the existence or continuance of the same, and shall, 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 said investigation. It shall, 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. The board shall have the same powers for the foregoing purpose as are given to it by sections five to eight, inclusive. The board shall by publication or otherwise inform employers and employees of their duty to give notice to the board before resorting to a strike or lockout and of the provisions of this chapter affecting the rights of employers and employees relative to industrial disputes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 150 - Conciliation and Arbitration of Industrial Disputes › Section 4 - Advertising or Soliciting for Employees During Normal Business After a Strike or Labor Trouble; Determination of Question

Section 4. The provisions of sections twenty-two and twenty-three of chapter one hundred and forty-nine relative to advertising during strikes shall cease to be operative when the board shall determine that the business of the employer, in respect to which the strike or other labor trouble occurred, is being carried on in the normal and usual manner and to the normal and usual extent. Upon the application of the employer, this question shall be determined by said board, but only after a full hearing at which all persons involved shall be entitled to be heard and represented by counsel. The board shall give at least three days' notice of the hearing to the strikers and employees by publication in at least three daily newspapers published in the commonwealth, and by mailing a copy of said notice, postage prepaid, to the employers and to the accredited representatives of the strikers or workmen interested, when their addresses are known; and in every case the board shall make every reasonable and diligent effort to give notice to said strikers or interested workmen.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 150 - Conciliation and Arbitration of Industrial Disputes › Section 5 - Controversies; Inquiry as to Cause; Advice as to Adjustment; Decision; Publication; Effect

Section 5. If a controversy exists between an employer and his employees, the board shall, upon application as provided in the following section, as soon as practicable visit the place where the controversy exists and make careful inquiry into its cause, and may, with the consent of the governor, conduct such inquiry outside the commonwealth. The board shall hear all persons interested who come before it, advise the respective parties what ought to be done or submitted to by either or both to adjust said controversy, and make a written decision thereof which shall at once be made public, shall be open to public inspection and shall be recorded by the board. A short statement thereof may, in the discretion of the board, be published in the annual report, and the board shall cause a copy thereof to be filed with the clerk of the city or town in which said business is carried on. Said decision shall for six months be binding upon the parties who join in said application, unless by agreement of both parties it is stipulated in the application that the contract is to run for a longer period of time, in which event the decision of the board will be binding for the length of time agreed upon by both parties in their application.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 150 - Conciliation and Arbitration of Industrial Disputes › Section 7 - Expert Assistants to Board

Section 7. In all controversies in which application is made under the preceding section, each party may, in writing, nominate fit persons to act in the case as expert assistants to the board, and the board may appoint one from among the persons so nominated by each party. Said experts shall be skilled in and conversant with the business or trade concerning which the controversy exists; they shall be sworn by a member of the board to the faithful performance of their official duties, and a record of their oath shall be made in the case. Said experts shall, if required, attend the sessions of the board, and under its direction shall obtain and report information concerning the wages paid and the methods and grades of work prevailing in establishments within the commonwealth similar to that in which the controversy exists, and they may submit to the board at any time before a final decision any facts, advice, arguments or suggestions which they may consider applicable to the case. No decision of said board shall be announced in a case in which said experts have acted without notice to them of a time and place for a final conference on the matters included in the proposed decision. Such experts shall receive from the commonwealth a sum not exceeding thirty dollars each for every day of actual service and their necessary traveling expenses. The board may appoint such additional experts as it considers necessary, who shall be qualified in like manner and, under the direction of the board, shall perform like duties and be paid the same fees as the experts who are nominated by the parties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 150 - Conciliation and Arbitration of Industrial Disputes › Section 8 - Witnesses and Production of Books and Documents; Powers of Board Member; Amount Due for Travel and Attendance

Section 8. In all investigations, and inquiries or proceedings conducted by the board, any member thereof may summon witnesses, may administer oaths, take testimony, and require the production of books and documents. Each witness shall certify in writing the amount of his travel and attendance, and the amount due to him shall be paid forthwith by the board.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 150 - Conciliation and Arbitration of Industrial Disputes › Section 9 - Local Boards; Composition; Powers and Duties; Jurisdiction; Decision; Compensation

Section 9. The parties to any controversy described in section five may submit it in writing to a local board of conciliation and arbitration, which may be composed either of three members mutually agreed upon, or of a member chosen by the employer, a member chosen by the employees or their authorized representative, and a third, who shall be chairman, chosen by the other two. Such local board shall have and exercise, relative to matters referred to it, all the powers of the state board, and its decision shall have such binding effect as may be agreed upon in the written submission. Such local board shall have exclusive jurisdiction of the controversy submitted to it, but it may ask the advice and assistance of the state board. The decision of such local board shall be rendered within ten days after the close of any hearing held by it, and shall forthwith be filed with the clerk of the city or town where the controversy arose, and a copy thereof shall be forwarded by said clerk to the state board. Each of such arbitrators shall be entitled to receive from the treasury of the city or town where the controversy arose, with the approval in writing of the mayor of the city or the selectmen of the town, the sum of fifteen dollars for each day of actual service, not exceeding fifty dollars for any one arbitration.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 150 - Conciliation and Arbitration of Industrial Disputes › Section 10a - Mediators; Confidential Information

Section 10A. Any person acting as a mediator in a labor dispute, including any person acting as such pursuant to the provisions of this chapter, who receives information as a mediator relating to the labor dispute shall not be required to reveal such information received by him in the course of mediation in any administrative, civil or arbitration proceeding. Nothing herein contained shall apply to any criminal proceedings.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 150a - Labor Relations › Section 3 - Rights of Employees

Section 3. Employees, or a single employee in a one-man unit, shall have the right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection. An employee shall also have the right to refrain from any such activities, except to the extent of making payment of service fees to an exclusive representative.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 150a - Labor Relations › Section 3a - Domestic Service Employee Defined; Violations; Discharge; Presumption; Damages; Costs

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 family or person at his home for not less than sixteen hours per week. In the event of a violation of section four (1) or four (4) by an employer of any such individual, the department of labor relations shall have all necessary and appropriate powers to conduct an investigation of such violation. The discharge of any such individual, within three months after the making of a report or complaint of any violation of section four (1) or four (4), known to the employer, shall create a rebuttable presumption that such discharge is a reprisal against such individual. In such case, the employer of such individual shall be liable for damages which shall not be less than one month's wages nor more than two months' wages of such individual, and the costs of the suit, including a reasonable attorney's fee.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 150a - Labor Relations › Section 4 - Unfair Labor Practices by Employers

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 contribute financial or other support to it; provided, that, subject to rules and regulations made and published by the commission pursuant to section nine R of chapter twenty-three, an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay. An employer shall not be prohibited from paying regular initiation fees, dues and assessments to any labor organization in which he is a member or is eligible for membership.
(3) By discrimination in regard to hire or tenure of employment or any term or condition of employment, to encourage or discourage membership in any labor organization; provided, that nothing in this chapter shall preclude an employer from making and carrying out, except as provided in subsection six hereof, an agreement with a labor organization (not established, maintained or assisted by any action defined in this chapter as an unfair labor practice) to require as a condition of employment membership therein, if such labor organization is the representative of the employees as provided in subsection (a) of section five in the appropriate collective bargaining unit covered by such agreement when made, but no such agreement shall be deemed to apply to any employee who is not eligible for full membership and voting rights in such labor organization.
(4) To discharge or otherwise discriminate against an employee because he has filed charges or given testimony under this chapter.
(5) To refuse to bargain collectively with the representatives of his employees, subject to the provisions of subsection (a) of section five.
(6) To 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, unless
(A) Such labor organization shall have certified to the employer that such employee—
(1) Was denied admission to, or deprived of, membership in good standing as a result of a bona fide occupational disqualification or the administration of discipline; and
(2) Has exhausted the remedies available to him within the labor organization including any right of appeal permitted by its constitution or by-laws; and
(B) Such employee shall have exhausted the remedies available to him under sections six A and six B.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 150a - Labor Relations › Section 4a - Unfair Labor Practices by Individuals or Labor Organizations

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 cessation of work or withholding of patronage for the purpose of—
(a) Bringing about, directly or indirectly, the commission of any unfair labor practice, or
(b) Injuring or interfering with the trade or business of any person because such person has refused to commit an unfair labor practice; or
(c) Interfering with, restraining or coercing employees in their choice or rejection of representatives for the purpose of collective bargaining after the commission has determined in a proceeding under section five that such employees do not desire to be represented by such labor organization; or
(3) To aid in any concerted activities of the types described in this section by giving direction or guidance in the conduct thereof or by providing funds for the payment of strike, unemployment or other benefits to persons participating therein; or
(4) To interfere with, restrain or coerce an employer or employee in the exercise of a right guaranteed under this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXI - Labor and Industries › Chapter 150a - Labor Relations › Section 4c - Health Care Facilities; Unfair Labor Practices by Employers or Employees

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 or nonprofessional employee of a health care facility or of any charitable home for the aged, or for a representative of any such employee, or for any other person, to engage in, induce or encourage any strike, work stoppage, slowdown or withholding of customary goods or services by such employees or other persons at such health care facility or home.