Chap. 154. AN ACT RELATIVE TO A JOINT LABOR-MANAGEMENT COMMITTEE OVERSEEING MUNICIPAL POLICE AND FIREFIGHTER COLLECTIVE BARGAINING AND ARBITRATION PROCEEDINGS. Be it enacted, etc., as follows: SECTION 1. Chapter 1078 of the acts of 1973 is hereby amended by striking out section 4A, inserted by section 1 of chapter 730 of the acts of 1977, and inserting in place thereof the following section:- Section 4A. There shall be in the department of labor and industries, but not subject to the jurisdiction thereof, a committee to be known as the joint labor-management committee in this section referred to as the committee. The committee shall be composed of fourteen members, including a chairman, and a vice-chairman. Twelve committee members shall be appointed by the governor for a term of one year, as follows: three from nominations submitted by the Professional Firefighters of Massachusetts, International Association of Firefighters, AFL-CIO, three from nominations submitted by the International Brotherhood of Police Officers, NAGE and the Massachusetts Police Association, and six from nominations submitted by the local government advisory com- mittee established pursuant to executive order one hundred and twenty-three, dated January thirteenth, nineteen hundred and seventy-six. Any member of the committee may be removed by the governor for neglect of duty, malfeasance in office, or upon request by the nominating body. The chairman and vice-chairman shall be nominated by the committee, and appointed by the governor for a term of one year. The chairman shall be the chief administrative officer of the committee. The vice-chairman shall assist the chairman and may be authorized by the chairman to act for him in his absence and shall have the full powers of the chairman when so authorized and he shall vote only in the absence of the chairman. In matters exclusively pertaining to municipal firefighters, committee members nominated for appointment by professional police officer organizations shall not vote. In matters exclusively pertaining to municipal police officers, committee members nominated for appointment by professional firefighter organizations shall not vote. All committee members shall be eligible to vote on matters of common and general interest. The number of committee members representing the local government advisory committee and the number of committee members representing the professional firefighter or police organizations entitled to vote on any matter coming before the committee shall be equal. The chairman may cast the deciding vote on any matter relating to a dispute concerning negotiations over the terms and provisions of a collective bargaining agreement, including any decision to take jurisdiction over a dispute. Members of the committee shall serve without compensation, but shall be entitled to reimbursement, out of any funds available for the purpose, for reasonable travel or other expenses actually incurred in the performance of their committee duties. The chairman and vice-chairman shall be compensated for time spent for the committee business on a per diem basis at a rate to be determined by the secretary of administration and finance. The committee may purchase such supplies and equipment, and may employ such clerical, staff and other personnel who shall not be subject to the provisions of section nine A of chapter thirty or chapter thirty-one of the General Laws, as they deem necessary to the conduct of committee business out of any funds available for the purpose. Members of the committee employed by a municipality shall be granted leave, if on duty, by the municipal employer for those regularly scheduled work hours spent in the performance of committee business. The committee shall have oversight responsiblity for all collective bargaining negotiations involving municipal police officers and firefighters. The committee shall, at its discretion, have jurisdiction in any dispute over the negotiation of the terms of a collective bargaining agreement involving municipal firefighters or police officers; provided, however, that notwithstanding section four of chapter one thousand and seventy-eight of the acts of nineteen hundred and seventy-three to the contrary, the committee may determine whether the proceeding for the prevention of any prohibited practices filed with the labor relations commission shall or shall not prevent arbitration pursuant to this section. After notification by the committee, the parties to any municipal police and fire negotiations shall file with committee, in such time as the committee orders: (1) copies of all requests to bargain, and of all bargaining agenda; (2) notification of impasse in bargaining; (3) notification of all pending unfair labor practice proceedings between the parties; (4) copies of any factfinding reports; (5) notification of any impasse extending beyond completion of factfinding procedures; (6) copies of any collective bargaining agreements, and any relevant personnel ordinances, by-laws, and rules and regulations; and (7) such other information as the committee may reasonably require. Notwithstanding the provisions of the first paragraph of section nine of chapter one hundred and fifty E of the General Laws to the contrary, when either party or the parties acting jointly to a municipal police and fire collective bargaining negotiations believe than an impasse exists in their negotiations, the party or both parties shall petition first the committee for the exercise of jurisdiction and for the determination of the existence of an impasse. The committee shall forthwith review the petition and shall make a determination within thirty days whether to exercise jurisdiction over the dispute. Subject to the provisions of the eleventh paragraph, if the committee declines to exercise jurisdiction over the dispute or fails to act within thirty days of receipt of the petition on jurisdiction, the petition shall be automatically referred to the board of arbitration and conciliation hereinafter referred to as the board, for disposition in accordance with the provisions of section nine of chapter one hundred and fifty E of the General Laws. The petition to the committee shall identify the issues in dispute, the parties, the efforts of the parties to resolve the dispute and such other information as may be prescribed in the rules of the committee. Said board shall not accept any petition from a party to a municipal police and fire negotiation under section nine of chapter one hundred and fifty E of the General Laws if the petition has not been first reviewed in accordance with the provisions of this section by the committee. The committee or its representative or mediators appointed by it may meet with the parties to a dispute, conduct formal or informal conferences, and take other steps including mediation to encourage the parties to agree on the terms of a collective bargaining agreement or the procedures to resolve the dispute. The committee shall make every effort to encourage the parties to engage in good faith negotiations to reach settlement through negotiations or mediation. The committee after consultation with the board of arbitration and conciliation may remove at any time from the jurisdiction of the board any dispute in which the board has exercised jurisdiction, and the board shall then take no further action in such dispute. The committee may, at any time, remand to the board any dispute which the committee has exercised jurisdiction. The board shall assist and cooperate with the committee in its performance of the committee's duties. Disputes over which the committee does not exercise jurisdiction shall be governed by all other applicable provisions of law. The committee shall have exclusive jurisdiction in matters over which it assumes jurisdiction and shall determine if a genuine impasse exists and if the processes of collective bargaining have been exhausted.. If the committee determines that a genuine impasse exists, and the process of collective bargaining has been exhausted, the committee shall: (1) specify the issue or issues to be arbitrated; provided, however, that the committee shall not specify for arbitration any issue excluded from arbitration pursuant to section four, and the committee may, however, administer the provisions of said section four relative to firefighter assignments and transfers; (2) nominate the panel of neutral arbitrators from which the arbitrator is to be selected by the parties; if the parties cannot agree on an arbitrator within a time prescribed by the committee, the committee shall appoint the neutral arbitrator or arbitrators or the committee may appoint the chairman, the vice-chairman or a panel of the committee including the chairman or vice-chairman to arbitrate the dispute; (3) determine the form of arbitration, conventional arbitration, issue by issue, last best offer, or such other form as the committee deems appropriate; and (4) determine the procedures to be followed in the arbitration proceeding. Except as provided herein, arbitration proceedings in matters over which the committee assumes jurisdiction, shall be conducted in accordance with the standards, provisions and limitations of said section four. The committee may direct the parties to a dispute to conduct further negotiations concerning issues not specified for arbitration. In dispute resolution conducted by other than the committee or its members or staff, the parties shall share and pay equally the costs involved in such resolution. The committee shall have jurisdiction in any particular dispute concerning job titles over which the parties have negotiated, or to remove specific job titles from collective bargaining for individuals performing certain specified management duties. The committee shall promulgate rules and regulations necessary for the performance and enforcement of the responsibilities and powers set forth herein in this act; provided, however, that said committee file a copy of any regulations or amendments thereto with the clerks of the senate and the house of representatives who, with the approval of the president of the senate and speaker of the house of representatives, shall refer such regulations to an appropriate committee of the general court. Within thirty days after such filing, the appropriate committee of the general court shall hold a hearing on such regulations and shall issue a report and file a copy with the joint labor-management committee. Said joint labor-management committee shall consider such report and make revisions in the regulations as it deems appropriate in view of such report and shall forthwith file a copy of the final regulations with the chairman of the committee of the general court to which the regulations were referred. The provisions of chapter thirty A of the General Laws, unless otherwise provided, shall apply to the committee. The committee shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses, the production of books, records, and other evidence relative to or pertinent to the issues presented to the committee. It is hereby declared that the provisions of this act are severable, and if any provision of this act shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining provisions of this act. SECTION 2. Said chapter 1078 is hereby further amended by striking out section 8, as amended by section 3 of chapter 347 of the acts of 1977, and inserting in place thereof the following section : - Section 8. The provisions of section four of this act shall terminate on June thirtieth, nineteen hundred and eighty-three. Any arbitration proceedings pending on June thirtieth, nineteen hundred and eighty-three shall be completed under the provisions of section four. SECTION 3. Section one of this act shall take effect on July first, nineteen hundred and seventy-nine. Approved May 14, 1979.