Governor signs law reinstating ‘evergreen’ clause

The governor today signed a law that overturns a 2010 Supreme Judicial Court decision that had barred so-called “evergreen” clauses in public-sector collective bargaining contracts.

The language in the law, enacted by the Legislature in the final hours of the formal legislative session, is nearly identical to proposals the governor had filed previously.

The law reinstates a long-standing practice of including language in union contracts allowing public employees to continue working under the terms of an expired contract while a new deal is being negotiated.

In October 2010, the SJC ruled that state law precludes collective bargaining agreements from exceeding three years.

Under the terms of the law, an evergreen clause can be enforced retroactively as well as in cases where the clause in an already-executed contract is not currently in adjudication in a court of law.

Evergreen clauses are not mandatory in contracts; both parties must agree to the clause.