MASC trainer tells Southbridge School Committee it is the ‘employer of record’ for collective bargaining; lays out timelines and legal limits

Tracy, a trainer from MASC, told the Southbridge School Committee on May 21 that “for the purposes of collective bargaining the school committee is the employer of record,” and walked members through legal obligations, negotiating strategy and expected timelines.

The training focused on Chapter 150E of the Massachusetts General Laws as the statute that governs public-employee bargaining and on practical steps the committee should take before and during negotiations. Tracy emphasized assembling a negotiating team that includes the superintendent, human-resources and finance staff and, in most cases, labor counsel to advise on legal and budgetary implications.

Tracy said members should review all current collective bargaining agreements and related grievances and arbitrations to identify unclear contract language that commonly produces disputes. “So much of what you do is in Mass. Gen. Laws Chapter 71,” she noted, but for bargaining specifically the committee should follow Chapter 150E’s requirements.

She stressed that bargaining preparation is both substantive and procedural: set short- and long-term objectives; decide which committee members (if any) will serve on the negotiating team (often fewer than a quorum); and set clear ground rules about meeting times, public communications and who may speak during negotiations. Members were warned that sharing negotiation details contrary to ground rules can create unfair-labor-practice exposure.

On conflicts of interest, Tracy said committee members who would personally benefit from a contract (for example, a spouse or immediate family member who is an employee, or retirees whose benefits are affected) should not serve on the negotiating team and may need to recuse from some discussions. She urged committees to consult legal counsel and, where necessary, the state ethics commission on edge cases.

Tracy also explained impasse procedures: if parties cannot reach agreement they can ask the state Board of Conciliation and Arbitration to investigate and mediate; fact-finding may follow and can produce nonbinding recommendations and a public report after a statutory waiting period. She added that “work to rule” actions by employees can cross into an illegal strike if they refuse duties that are contractually required.

On strikes, she said there is no legal right to strike for Massachusetts public employees under Chapter 150E and that both strikes and encouragement of strikes by unions are legally barred; enforcement begins with the Labor Relations Commission and can involve court action.

Committee members asked about timeline. Tracy said negotiations can take months to years, depending on complexity and how many units are negotiating, and offered a typical range of roughly four to 12 months for many units. She gave local contract expiration dates to help the committee plan: teachers and EAS expire June 30, 2027; custodial/maintenance and EAS were also listed as June 30, 2027; food service and administrative assistance expire June 30, 2028. She pointed committee members to the district HR web page, where current agreements are posted.

The session closed after a short Q&A. Chair and members thanked Tracy for the presentation and the meeting was adjourned.