Massachusetts General Laws
Chapter 161a - Massachusetts Bay Transportation Authority
Section 25 - Directors; Authority to Bargain Collectively With Labor Organizations; Restrictions

Section 25. The directors shall have authority to bargain collectively with labor organizations representing employees of the authority and to enter into agreements, with such organizations relative to wages, salaries, hours, working conditions, the assignment of work schedules and work locations on the basis of seniority, including: (a) hours of work each day and days worked each week; provided, however, that a change in such assignment shall not provide for a change in classification; and (b) the filling of vacancies by promotion or transfer of qualified applicants on the basis of seniority, health benefits, pensions and retirement allowances of such employees; provided, however, that the directors shall have no authority to bargain collectively and shall have no authority to enter into collective bargaining agreements with respect to matters of inherent management right which shall include the right:
(i) to direct, appoint, and employ officers, agents and employees and to determine the standards therefor;
(ii) to discharge or terminate employees subject to the provisions of clauses (a) and (b). (a) No such action to discharge or terminate shall be sustained if, in a proceeding invoked in accordance with the provisions of clause (b), the employee shall establish by a preponderance of the evidence that it was based upon race, sex, color, religion, creed, sexual orientation, age, national origin, handicapping condition, marital status, or political affiliation, or activities or union activities or union organizing of the employees; a reprisal against the employee for disclosure of information by an employee which the employee reasonably believes evidences a violation of any law, rule or regulation or mismanagement, a gross waste of funds, or abuse of authority; a reprisal against any employee for the refusal of any person to engage in political activity. (b) The parties may include in any written agreement a grievance procedure culminating in final and binding arbitration which may be invoked in the event any employee of the authority is aggrieved by any action taken to so discharge or terminate employees;
(iii) to plan and determine the levels of service provided by the authority;
(iv) to direct, supervise, control, and evaluate the departments, units,and programs of the authority; to classify the various positions of the authority and ascribe duties and standards of productivity therefor;
(v) to develop and determine levels of staffing and training; provided, however, that to the extent that levels of staffing and training have an impact on the safety of authority employees the determination, development and implementation of such levels of staffing and training shall not constitute a matter of inherent management right and the directors shall have the authority to bargain collectively on such subjects with labor organizations representing employees of the authority; and provided further, that such directors and labor organizations may include in any written agreement a grievance procedure culminating in final and binding arbitration before a neutral arbitrator which may be invoked in the event that an employee of the authority to whom such agreement applies is aggrieved by actions taken by authority directors or management respect to the development, determination or implementation of levels of staffing and training which have an impact on the safety of authority employees;
(vi) to determine whether goods or services should be made, leased, contracted for, or purchased on either a temporary or permanent basis;
(vii) to assign and apportion overtime;
(viii) to hire part-time employees.
The authority is hereby prohibited from bargaining collectively or entering into any agreement to make pension benefit payments to its employees that are determined in a manner that includes the amount of overtime earnings of said employees.
The authority is hereby prohibited from bargaining collectively or entering into a contract which provides for automatic cost-of-living salary adjustments which are based on changes in the consumer price index or other similar adjustments unless specifically authorized by law. Except as provided in sections 28 to 32, inclusive, the employees of the authority shall submit all grievances and disputes pursuant to arbitration provisions in agreement existing at the time of the creation of the authority or subsequently entered into with the authority or, in the absence of such provisions, to the state board of conciliation and arbitration, or other board or body having similar powers and duties. The provisions of general or special laws relative to rates of wages, hours of employment and working conditions of public employees, shall not apply to the authority nor to the employees thereof, but the authority and its employees shall be governed with respect to hours of employment, rates of wages, salaries, hours, working conditions, health benefits, pensions and retirement allowances of its employees by the laws relating to street railway companies.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XXII - Corporations

Chapter 161a - Massachusetts Bay Transportation Authority

Section 1 - Definitions

Section 2 - Creation of Authority; Powers; Liability for Debts and Obligations; Service of Process

Section 3 - Additional Powers of Authority

Section 4 - Separate Units of Mass Transportation Facilities and Equipment; Establishment; Lease Arrangements

Section 5 - Limitations, Conditions, Obligations and Duties of Authority

Section 5b - Disposal of Stolen, Lost or Abandoned Property

Section 6 - Ballot Question for Cities and Towns Regarding Issue of Joining Transportation Area

Section 7 - Board of Directors

Section 7a - Advisory Board

Section 8 - Financial Assistance From Commonwealth

Section 9 - Financial Assistance From Cities and Towns

Section 10 - Financial Assistance From the Federal Government

Section 11 - Board Policies to Increase Revenues and to Improve Operating Efficiency; Net Operating Investment per Passenger Mile Ratio

Section 12 - Temporary Notes; Trust Agreements

Section 13 - Authorization for Authority to Issue Bonds; Purposes of Bonds

Section 14 - Bonds Secured by Trust Agreement Between Authority and Corporate Trustee

Section 15 - Bonds and Notes Issued by Authority; Securities

Section 16 - Rights of Holders of Bonds

Section 17 - Issuance of Interest Bearing or Discounted Notes; Bond Anticipation Notes

Section 18 - Insufficiency of Funds; Payments by Commonwealth

Section 19 - Stabilization Fund; Fare Stability Fund

Section 20 - Annual Itemized Budget; Supplementary Budget

Section 21 - Allocation of Annual Revenues in Excess of Expenses

Section 22 - Remedy of Private Mass Transportation Company Against Authority for Relief From Effects of Authority's Operations; Procedures

Section 23 - Biennial Report by State Auditor

Section 24 - Exemption From Taxation

Section 25 - Directors; Authority to Bargain Collectively With Labor Organizations; Restrictions

Section 26 - State Labor Relations Law; Applicability; Non-Members; Limitations of Exclusive Representative's Duty of Fair Representation; Grievances

Section 27 - Deceased Employees; Payment of Wages to Nominated Beneficiaries

Section 28 - Submission of Dispute Over Terms of Collective Bargaining Agreement to Arbitration

Section 29 - Mediation; Report; Selection of Arbitrator

Section 30 - Arbitrator; Requirements

Section 31 - Factors for Determining Arbitration Awards

Section 32 - Arbitration Awards; Written Opinions

Section 33 - Employee Deferred Compensation Program

Section 34 - Ira Plan; Employee Contributions

Section 35 - Plans for Group, General or Blanket Hospital, Medical, Dental or Other Health Insurance; Employee Share of Monthly Premium; Retirees Under the Age of 65

Section 36 - Retired Members or Deceased Members of Retirement System; Compensation for Work Related Injury; Effect on Retirement Allowances, Pensions, Etc.

Section 37 - Proclamation of State of Emergency; Powers of Governor; Operation of Facilities

Section 38 - Liability; Board Supervision of Investigation, Settlement and Defense of All Claims

Section 39 - Regulatory Powers and Duties in Conflict With Regulatory Powers and Duties of Department of Telecommunications and Energy

Section 40 - Electric Utility Services; Procurement

Section 41 - Electric Utility Business; Public Interest Factors

Section 42 - Notice of Violation of Public Smoking Law; Fine; Arrest

Section 43 - Liability Policy for Passenger Rail Services

Section 44 - Entry Onto Lands, Waters and Premises for Purpose of Making Surveys, Soundings, Test Pits, Borings, Drillings or Examinations; Notice; Reimbursement for Damage

Section 45 - Sale of Prepaid Monthly Transit Passes

Section 46 - Parking of Motor Vehicles in Terminals, Stations, Garages, Yards, Shops, Parking Lots and Parking Garages Owned or Operated by Authority; Posted Bus Stops Operated by Authority; Rules and Regulations

Section 47 - Cities, Towns and Other Communities; Contracts With Private Bus Carriers for Local Service

Section 48 - Regional Transit Authority; Control of Services, Operations, Finances, Facilities or Related Appurtenances

Section 49 - Applicability of Chapter 258 to Certain Agreements Between Authority and Freight Railroads

Section 50 - Retirement Information to Be Made Available for All Current, Former and Future Massachusetts Bay Transportation Authority Employees and Retirees

Section 51 - Display Acknowledging the Contributions of Rosa Parks to the Civil Rights Movement on Buses Operated by Massachusetts Bay Transportation Authority

Section 52 - Rights by Prescription or Adverse Possession in Lands Held in Name of the Authority