Collective Bargaining by an LHA

(1) Notice to the Department. To safeguard the financial interests of the Commonwealth and to reduce the possibility of disapproval of increased state funding for a proposed collective bargaining agreement between an LHA and an employee organization affecting programs receiving financial assistance from the Department, the LHA shall take the following actions: (a) Prior to bargaining with any employee organization, the LHA shall notify the Department, in writing, of its intention to begin collective bargaining, and promptly schedule and participate in a pre-bargaining conference with the Department to discuss pertinent matters pertaining to the collective bargaining. The LHA shall provide the Department with a description of the bargaining unit. 4.10: continued (b) At the pre-bargaining conference, the LHA and the Department shall review any current or expired collective bargaining agreements and proposals it anticipates will be made during negotiations either by the LHA or by the employee organization, and the costs and impacts of the proposals on the LHA and its employees. (c) At the end of negotiations, the LHA shall submit a copy of the collective bargaining agreement to the Department for its review. (d) Whenever proceedings are initiated before the Massachusetts Labor Relations Commission or any other commission, board, agency or court which may affect the terms of a collective bargaining agreement which is reviewable by the Department, the LHA shall provide written notice to the Department of the initiation of the proceeding and shall provide semiannual status reports thereafter. (2) Department Review of the Collective Bargaining Agreement. (a) The Department will review the following aspects of a collective bargaining agreement to determine whether it was based on sensible negotiating practices: 1. its cost; 2. whether it promotes efficiency of operations; 3. whether it promotes stability of labor relations; 4. whether it promotes equal opportunity in employment; and 5. whether the agreement adequately provides for the following: a. A "no-strike or lockout” clause, wherein the employee organization agrees that employees will not engage in a strike, walkout, slowdown or other work stoppage, and an agreement by the LHA that it will not lock out employees, during the term of the collective bargaining agreement. b. A grievance and arbitration procedure, as authorized by M.G.L. c. 150E, § 8. c. A clause whereby all of the provisions of the collective bargaining agreement are subordinate to applicable provisions of federal or state law. (b) During the Department’s review, and on its request, the LHA shall promptly make available all information and documents that are relevant to the review and shall provide a written statement of the facts and reasons supporting any terms which may be under review. (3) Non-compliance and Sanctions. If the applicable financial terms of a collective bargaining agreement exceed the LHA's approved budget or if its terms fail to reflect sensible negotiating practices, including inadequate regard for the financial interests of the Commonwealth, the Department may: (a) Deny an increase in state funding to pay for the LHA’s increased financial obligations under the agreement. (b) Rate the LHA's management (by issuing a finding) on account of any such financial imbalance or any such poor negotiating practices. (c) Take such other appropriate action as may be warranted under the circumstances and applicable law.