An Act relative to collective bargaining rights of Massachusetts employees

194th Legislature (2025-2026) Introduced by Marjorie Decker and 3 co-sponsors

DLR will certify the exclusive bargaining representative for units previously certified by a government agency if that agency loses jurisdiction or deems members no longer employee

Bill reported favorably by committee and referred to the committee on House Ways and Means

Overview

H.2097 proposes a targeted change to how exclusive bargaining representatives are certified in certain public-sector bargaining units. The bill directs the Department of Labor Relations (DLR) to certify the exclusive bargaining representative for a bargaining unit that was previously certified by a governmental agency, in situations where that agency determines the unit’s members are no longer employees under applicable law or otherwise declines jurisdiction. The intent is to safeguard continued collective bargaining representation when the original certifying agency can no longer exercise jurisdiction.

Key Provisions

Amends Massachusetts General Laws Chapter 150A, Section 5(C)2.

Adds a new provision: Notwithstanding any other provision of this section or any other general or special law, the DLR shall certify the exclusive bargaining representative of any bargaining unit previously certified by a governmental agency on the basis of majority representation if the governmental agency determines that the unit’s members are no longer employees as defined by applicable statute or declines jurisdiction.

The change effectively transfers or confirms certification authority to the DLR in specific scenarios where the original certifying agency loses jurisdiction or finds that members are not employees.

Who is Affected

Public-sector employees organized into bargaining units previously certified by a governmental agency (e.g., a state or local government agency).

Governmental agencies that previously certified such units.

The Department of Labor Relations as the new or alternative certifying authority in these scenarios.

Employers within the affected bargaining units.

Legislative History and Status

Introduced: February 27, 2025.

Referred to the House Labor and Workforce Development Committee (February 27, 2025).

Reported favorably by committee and referred to the House Ways and Means (October 29, 2025).

Hearing: Scheduled for July 22, 2025 (as part of a hearing on July 22, 2025).

Related action note: HD 1131 is listed as replacing this measure in some records.

Timing and Process

The bill presents a procedural shift in certification when jurisdictional authority changes, potentially reducing gaps in representation for certain bargaining units.

There is a defined Legislative timeline, including committee actions and a scheduled hearing, with a favorable committee report moving the bill toward Ways and Means for potential fiscal impact consideration.

Potential Impacts

Ensures continuity of exclusive bargaining representation when a government agency’s jurisdiction ends or when it determines members are no longer employees.

May streamline or centralize the certification process through the DLR in affected cases.

Could affect negotiations dynamics and staffing of labor relations for public-sector employees in units subject to agency jurisdiction changes.

Notes: The text provided contains the core amendment and does not outline broader fiscal implications or sunset provisions.

Bill