Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
His Excellency Deval Patrick
Governor of the Commonwealth
State House, Boston
Dear Governor Patrick,
On behalf of the cities and towns of the Commonwealth, the Massachusetts Municipal Association applauds the recent decision by the Supreme Judicial Court in Boston Housing Authority v. the International Conference of Firemen and Oilers Local 3, in which the SJC held that so-called “evergreen clauses” are invalid in public sector collective bargaining contracts.
An “evergreen clause” typically provides that all terms of a collective bargaining contract remain in effect until a successor agreement is reached. The SJC based its decision to strike down “evergreen clauses” on the fact that M.G.L. Chapter 150E limits public sector union contracts to three years and that “evergreen clauses” have the effect of unlawfully extending the collective bargaining contract beyond three years, in violation of state statute.
This SJC decision is a major victory for the taxpayers as its main effect will be to take away the union incentive to drag out contract negotiations for months and sometimes years after the contract has expired in order to increase leverage for their demands, with no downside to their dilatory tactics.
We anticipate that the public sector unions have contacted you and painted a dire picture of salaries and benefits being slashed as contracts run out. If they have made this argument, we want to alert you that this claim is completely wrong and without merit. The State Division of Labor has long held that the municipal employer must bargain to agreement or impasse before changing the terms and conditions of employment. The SJC decision does not change this general rule. If the employer makes a unilateral change without bargaining, the union would file charges against the employer at the DLR and would win.
While wages and benefits will not be affected by the court ruling, grievance procedures that have been negotiated as part of a contract will expire with the contract. The SJC has made it clear that these administrative aspects of a collective bargaining agreement can and should last only as long as the contract, up to a maximum of three years. Any legislative action to reverse the SJC ruling would disadvantage taxpayers and municipalities, and would give unions an unfair incentive to drag out negotiations and delay the collective bargaining process.
Municipal leaders across the Commonwealth respectfully urge you to strongly oppose any effort to overturn, override or undermine the SJC ruling.
Thank you for your attention to this important issue. If you have any questions on this issue please do not hesitate to have your office contact us at your earliest convenience.
Sincerely,
Geoffrey C. Beckwith
Executive Director, MMA
CC: The Honorable Jay Gonzalez