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Working Family Issues

The following is legislation sponsored by the Massachusetts State Council for the 2003-2004 Massachusetts General Court Legislative Session

House Bills

H1760
An Act to Amend the Retirement Benefits for Certain Employees of the Department of Corrections
This legislation would classify Correctional Program Officers I, II and III of the Department of Corrections as members of Group 4 of the contributory retirement system for public employees

H1997
An Act Relative to Consumers and Workers
This legislation would require employers to confine monitoring to work related information only, restrict collection of information to the employers business premises, prohibit monitoring in bathrooms, locker rooms and other similar private areas, and require notice to customers and the general public if affected by monitoring. Most importantly, this legislation would require employers to give notice of the type of information collected by electronic monitoring, the means of collection, the location of the monitoring equipment and the identity of those employees monitored.

H2385
An Act Requiring Fair Wages and Benefits for Part-time Public Employees
Part-time public service employees are paid less and/or receive fewer benefits than full time employees. In an era when an increasing number of jobs in the public and private sector are part-time, more must be done to ensure that these jobs provide fair wages and benefits. This bill would require public employers to pay the same wages and benefits, prorated for part-timers, as those received by full-time employees.

H2600
An Act Relative to Quality Patient Care and Safe Staffing
Recent studies have documented that understaffing of nurses in hospitals is one of the biggest threats to the health and safety of patients. One study found that tens of thousands of patients die every year from hospital-acquired infections, due largely to inadequate staffing levels. The study found that low staffing levels made it impossible for nurses, doctors, and other staff to execute proper infection control procedures. This bill requires specific, unit-by-unit ratios of registered nurses to patients in acute care settings. The bill would also limit mandatory overtime for all health care workers.

H3692
An Act Relative to Protecting the Rights of Custodial, Maintenance and Other Non-Teaching Employees of School Districts
When the Education Reform law was passed it was intended to give school principals the ability to ensure the best educators were in the classroom. Unfortunately, the courts have interpreted the law to include hiring/firing of non-classroom personnel (clerical, custodians, cafeteria employees). This bill would require employers to follow the posting, bidding and just cause procedures for non-educator school personnel, as outlined in applicable collective bargaining agreements.

HD2290
An Act Further Regulating the Classifications into Retirement Groups of Individuals Employed by the Boston Housing Authority

Senate Bills

S97
An Act Relative to Displaced Workers.
This bill addresses the transition between old and new service contracts. It provides certain protections for employees when there is a change in contractors or subcontractors. Specifically, it would require contract cleaning companies who take over a job from another cleaning company to retain existing employees for 90 days (unless there is just cause to fire them or they need to reduce the work force) The language covers contractors with 10 employees or more. It covers employees who have been employed at the contractor for more than 4 months, who work more than fifteen hours a week.

S99
An Act Relative to Consumers and Workers
This legislation would require employers to confine monitoring to work related information only, restrict collection of information to the employers business premises, prohibit monitoring in bathrooms, locker rooms and other similar private areas, and require notice to customers and the general public if affected by monitoring. Most importantly, this legislation would require employers to give notice of the type of information collected by electronic monitoring, the means of collection, the location of the monitoring equipment and the identity of those employees monitored.

S604
An Act Relative to Patient and Physician Safety and Protection.
A majority of the state's 3800 resident physicians continue to work 80-100+ hours per week. This legislation creates an advisory committee to recommend hours limit. The Department of Public Health will then take these recommendations and promulgate rules and regulations to limit excessive hours, thereby improving patient safety and health care delivery, and the safety and quality of life of the resident physicians who provide that care.

S663
An Act Promoting Quality Care and Accountability in Massachusetts Nursing Homes
This legislation would create shift-by-shift ratios for nursing staff (certified nurse assistants, registered nurses, and licensed practical nurses) to residents. Also, the bill gives the Commonwealth strong powers to deal with nursing homes that repeatedly violate resident health and safety regulations.

S664
An Act Increasing Accountability in the Use of Public Health Care Funds
Given the current fiscal crisis and the dramatic increases in the cost of long-term care, nursing homes must spend public funds wisely. This bill prohibits the use of Medicaid funds and the new nursing home user fee for certain non-care related activities. The use of Medicaid funds for activities such as lobbying, political contributions or management interference in workers rights to organize would be prohibited by this legislation. During the FY03 budget cycle, nearly identical language was passed by both the House and Senate before being vetoed by the Governor following the end of last session.

S793
An Act Increasing Accountability in the Use of Funds Intended for Human Service Programs
Prohibits the use of public funds appropriated for human service programs for unrelated activities, including, but not limited to political contributions, lobbying activities, and union organizing; requires certification by said providers that no funds were used for unrelated purposes with the operational services division of the secretary of administration and finance; authorizes said division to audit or investigate providers when in receipt of complaints; establishes a rebuttable presumption that providers used state funds for said activities; requires reimbursement to the state for money spent in violation of provision.

S1433
An Act Relative to Health Insurance for Part-Time Municipal Employees
Currently, Massachusetts' law allows employees hired for 20 hours or more to bargain collectively for health insurance. Over the last 10 years, public employers have been hiring an increasing number of employees for less than 20 hours in order to prevent part-time employees from collectively bargaining critically important health benefits. This bill would allow public employees hired for less than 20 hours to collectively bargain for their health insurance.

S1525
An Act Relative to Public Employees Serving in the Armed Forces of the United States
This legislation would secure the wages, health and retirement benefits of all reservists called into active duty. Any employee of the Commonwealth or its subdivisions or authorities who is also a member of a reserve component of the armed forces of the United States including members of the Armed National Guard, the Commissioned Corp of the United States Public Health Service and the National Oceanographic and Weather Service and are summonsed to active duty would continue to receive the compensation and benefits they would otherwise receive had they not been called upon to serve the nation. Specifically, employees shall be paid their regular wages. Additionally, an employee's creditable service towards retirement shall accumulate during time of active duty and all health benefits extended to employees or their families will continue without interruption.

S1526
An Act Relative to the Definition of Group Two of the Public Employees Retirement System
Public employees who have dedicated their careers to providing reliable public services deserve a retirement that will allow them to live with dignity. Currently, the vast majority is facing a retirement with pensions that won't come close to meeting their needs. An inadequate retirement system is making it increasingly difficult for public employers to attract and retain top-caliber employees. Pension reform is needed to correct unfairness and ensure that taxpayers continue to receive high quality, reliable public services. This bill moves all Group 1 employees to Group 2 to make the retirement system fairer.

S1692
An Act Relative to the Massachusetts Convention Center Authority
This legislation would make the Massachusetts Convention Center Authority subject to the provisions of the Taxpayer Protection Act (aka the Pacheco/Menard Law)