Mass. Gen. Laws » Part I Title XXI Chapter 150A
Massachusetts General Laws

Mass. Gen. Laws ch. 150A, § 5 (2026)

Representatives; determining and certifying; grievances; units; review; proceedings to enforce or review orders

✓ current as of July 2026
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Section 5. (a) Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, including representatives selected or designated by an individual in a one-man unit, shall be the exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment; provided, that any individual employee or a group of employees shall have the right at any time to present grievances to their employer.

(b) The commission shall decide in each case whether, in order to insure to employees the full benefit of their right to self-organization and to collective bargaining and otherwise to effectuate the policies of this chapter, the unit appropriate for the purposes of collective bargaining shall be the employer unit, profession or craft unit, plant unit, or subdivision thereof, or a one-man unit where the commission deems such unit to be appropriate; provided that, in any case where the majority of employees of a particular profession or craft shall so decide, the commission shall designate such profession or craft as a unit appropriate for the purpose of collective bargaining; and provided, further, that, for purposes of this chapter, registered nurses and licensed practical nurses shall not be deemed to be members of the same particular profession.

(c) Whenever a question affecting industry, trade or health care arises concerning the representation of employees, the commission may investigate such controversy and certify to the parties, in writing, the name or names of the representatives who have been designated or selected. For the purpose of this section, the commission shall be authorized to investigate petitions requesting the decertification of an exclusive representative. In any such investigation, the commission shall provide for an appropriate hearing upon due notice either in conjunction with a proceeding under section six or otherwise, and may take a secret ballot of employees, or utilize any other suitable method to ascertain such representatives. The commission may establish such rules or regulations as it deems appropriate to effectuate the policies of this chapter for the filing of petitions for investigation and certification by employers or employees or their representatives and shall include therein provision for the filing of a petition by an employer whenever it is alleged—

(1) That two or more labor organizations have presented to the employer conflicting claims that each represents a majority of the employees in a bargaining unit or units claimed by them to be appropriate; or

(2) That a labor organization not theretofore recognized as the representative of a majority of the employees in the bargaining unit claimed by it to be appropriate has requested the employer to bargain with it as the exclusive representative of such employees, or without such request is attempting to secure such recognition by strike, slowdown, boycott or other concerted cessation of work or withholding of patronage.

Notwithstanding any other provision of this section, the commission shall certify to the parties, in writing, and the employer shall recognize as the exclusive representative for the purposes of collective bargaining of all the employees in the bargaining unit, a labor organization which has received a written majority authorization, but this shall apply only when no other labor organization has been and currently is lawfully recognized as the exclusive representative of the employees in the appropriate bargaining unit. Whenever a labor organization proffers evidence that it has received a written majority authorization, the labor organization and the employer shall agree upon a neutral to conduct a confidential inspection of the evidence of a written majority authorization. If within 10 days the labor organization and the employer do not agree upon a neutral, the commission shall act as the neutral. The neutral shall verify the labor organization's majority support within the appropriate bargaining unit and report the results of its inspection in writing to the parties and, if the verification was conducted by an agreed neutral, to the commission, which shall in turn certify the results to the parties in writing. The commission shall establish rules and procedures for the prompt verification of evidence of a written majority authorization, which rules shall include safeguards to protect the privacy of individual employee choice, and which shall further provide that, absent exceptional cause, the verification procedure shall last not longer than 30 days after the appointment of the neutral or after the assumption by the commission of the duties of the neutral. As used in this paragraph, the term ''employer'' shall not include a health care facility, a nonprofit institution or a vendor who contracts with or receives funds from the commonwealth or a political subdivision thereof to provide social, protective, legal, medical, custodial, rehabilitative, respite, nutritional, employment, educational, training or other similar services to the commonwealth or a political subdivision thereof.

(d) Any hearing under subsection (c) of this section may be, when so determined by the commission, conducted by a member or agent of the commission. The decisions and determinations of such member or agent shall be final and binding unless, within ten days after notice thereof, any party requests a review by the full commission. If a review is requested, the member or agent shall file with the commission and with the parties a written statement of the case; in addition, any party may, within ten days from the receipt of such statement, file a supplementary statement with the commission. A review by the commission shall be made upon such statement of the case by the member or agent and upon such supplementary statements filed by the parties, if any, together with such other evidence as the commission may require.

(e) Whenever an order of the commission made pursuant to subsection (c) of section six is based in whole or in part upon facts certified following an investigation pursuant to subsection (c) of this section, and there is a petition for the enforcement or review of such order, such certification and the record of such investigation shall be included in the transcript of the entire record required to be filed under subsection (e) or (f) of section six and thereupon the decree of the court enforcing, modifying or setting aside in whole or in part the order of the commission shall be made and entered upon the pleadings, testimony and proceedings set forth in such transcript.

Notes of Decisions
Cited in 12 cases, 1942–1997 · leading case: Labor Relations Comm'n v. Univ. Hosp., Inc., 269 N.E.2d 682 (Mass. 1971).
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Labor Relations Comm'n v. Univ. Hosp., Inc., 269 N.E.2d 682 (Mass. 1971). · cites it 2× “*518 On October 8, 1968, the intervener (union) filed with the Commission a petition under G. L. c. 150A, § 5 (c), asking that it be certified as the collective bargaining representative for about forty of the hospital’s maintenance employees.”
R. H. White Co. v. Murphy, 38 N.E.2d 685 (Mass. 1942). · cites it 2× “union had filed a petition with the State labor relations commission requesting that, under G. L. c. 150A, § 5 (c) (inserted by St. 1938, c.”
Jordan Marsh Co. v. Labor Relations Comm'n, 56 N.E.2d 915 (Mass. 1944). · cites it 2× “, as the certified exclusive bargaining representative of two groups of the company’s employees designated by the commission as "appropriate” bargaining units (G. L. c. 150A, § 5, inserted by St. 1938, c.”
Massachusetts Bay Transp. Auth. v. Local 589, Amalgamated Transit Union, 480 N.E.2d 1044 (Mass. App. Ct. 1985). · cites it 2× “514 makes the provisions of G. L. c. 150A, § 5, which govern the formation of collective bargaining units, applicable to MBTA employees but specifically excludes from units so formed any “executives.”
Massachusetts Bay Transp. Auth. v. Labor Relations Comm'n, 254 N.E.2d 404 (Mass. 1970). “In that proceeding the union seeks certification under G. L. c. 150A, § 5 (c), as representative for collective bargaining of all of MBTA's approximately 300 monthly payroll employees (excluding executive payroll employees).”
Massachusetts Bay Transp. Auth. v. Labor Relations Comm'n, 680 N.E.2d 556 (Mass. 1997). “See G. L. c. 150A, § 5 (e). This case arises out of a petition to the commission by the Office and Professional Employees International Union, Local 453 (union), in which the union seeks to represent certain superior officers, e.”
Wheaton Coll. v. Labor Relations Comm'n, 227 N.E.2d 735 (Mass. 1967). “(Union) pursuant to G. L. c. 150A, § 5 (c). The Union sought certification as the exclusive bargaining representative of a unit of approximately forty-five cafeteria and dining room employees, excluding supervisors and casual and temporary workers, employed by Saga in the dining…”
Massachusetts Nurses Assn. v. Lynn Hosp., 306 N.E.2d 264 (Mass. 1974). “This language is strikingly similar to that used by the Legislature in G. L. c. 150A, § 5 (a), as amended, to the effect that the designated bargaining representative for a unit of employees shall represent all of the employees in that unit “for the purposes of collective…”
Am. Nat'l Red Cross v. Labor Relations Comm'n, 296 N.E.2d 214 (Mass. 1973). “The petitioner, The American National Red Cross (Red Cross),'filed this petition for a writ of prohibition against the Massachusetts Labor Relations *526 Commission (Commission) to prevent the Commission from taking any further action on a representation petition filed by the…”
Labor Relations Comm'n v. Clover Leaf Corp., 360 N.E.2d 627 (Mass. 1977). “On September 17, 1970, the Chicopee, Holyoke, Westfield Bartenders, Hotel, Motel, Cafeteria and Restaurant Employees International Union, Local 116, AFL-CIO (the union) filed a petition with the commission pursuant to G. L. c. 150A, § 5 (c), seeking certification as the…”
Massachusetts Bay Transp. Auth. v. Labor Relations Comm'n, 5 Mass. L. Rptr. 362 (Mass. Super. Ct. 1996). · cites it 4× “On August 30, 1994, the union filed a representation petition with the commission under G.L.c. 150A, §5, in which it sought certification to represent a bargaining unit of lieutenants and captains of the MBTA police department (superior officers) for purposes of collective…”
Town of Dedham v. Dedham Police Ass'n, 6 Mass. L. Rptr. 243 (Mass. Super. Ct. 1996). “The Dedham Police Association (Lieutenants and Sergeants) is a labor organization as defined in G.L.c. 150A, §5. The Association is the exclusive bargaining representative for all lieutenants and sergeants in the Dedham Police Department.”
— Mass. Gen. Laws ch. 150A, § 5(c) — 1 case
Massachusetts Bay Transp. Auth. v. Labor Relations Comm'n, 5 Mass. L. Rptr. 362 (Mass. Super. Ct. 1996). “On August 30, 1994, the union filed a representation petition with the commission under G.L.c. 150A, §5, in which it sought certification to represent a bargaining unit of lieutenants and captains of the MBTA police department (superior officers) for purposes of collective…”
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