Massachusetts General Laws

Mass. Gen. Laws ch. 150E, § 8 (2026)

Grievance procedure; arbitration

✓ current as of July 2026

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Section 8. The parties may include in any written agreement a grievance procedure culminating in final and binding arbitration to be invoked in the event of any dispute concerning the interpretation or application of such written agreement. In the absence of such grievance procedure, binding arbitration may be ordered by the commission upon the request of either party; provided that any such grievance procedure shall, wherever applicable, be exclusive and shall supercede any otherwise applicable grievance procedure provided by law; and further provided that binding arbitration hereunder shall be enforceable under the provisions of chapter one hundred and fifty C and shall, where such arbitration is elected by the employee as the method of grievance resolution, be the exclusive procedure for resolving any such grievance involving suspension, dismissal, removal or termination notwithstanding any contrary provisions of sections thirty-nine and forty-one to forty-five, inclusive, of chapter thirty-one, section sixteen of chapter thirty-two, or sections forty-two through forty-three A, inclusive, of chapter seventy-one. Where binding arbitration is provided under the terms of a collective bargaining agreement as a means of resolving grievances concerning job abolition, demotion, promotion, layoff, recall, or appointment and where an employee elects such binding arbitration as the method of resolution under said collective bargaining agreement, such binding arbitration shall be the exclusive procedure for resolving any such grievance, notwithstanding any contrary provisions of sections thirty-seven, thirty-eight, forty-two to forty-three A, inclusive, and section fifty-nine B of chapter seventy-one.

Notes of Decisions

Cited in 46 cases (1 in the last 5 years), 1976–2023 · leading case: Sullivan v. Belmont, 386 N.E.2d 1288 (Mass. App. Ct. 1979).

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Sullivan v. Belmont, 386 N.E.2d 1288 (Mass. App. Ct. 1979). · cites it 11× “The only question of substance which is presented by the appeal is the proper interpretation of the concluding proviso of G.L.c. 150E, § 8 (inserted by St. 1973, c.”

Sch. Comm. of Danvers v. Tyman, 360 N.E.2d 877 (Mass. 1977). · cites it 3× “3 *109 The fundamental issue in this case arises from the tension between (1) the terms of the lawfully authorized collective bargaining agreement between the association and the school committee providing for final and binding arbitration (see G. L. c. 150E, § 8), and (2) the…”

Sch. Comm. v. Newton Sch. Custodians Ass'n, 784 N.E.2d 598 (Mass. 2003). · cites it 3× “In particular, G. L. c. 150E, § 8, provides in pertinent part: “The parties may include in any written agreement a grievance procedure culminating in final and binding arbitration to be invoked in the event of any' dispute concerning the interpretation or application of such…”

Blanchette v. Sch. Comm. of Westwood, 692 N.E.2d 21 (Mass. 1998). · cites it 2× “Consistent with both G. L. c. 150E, § 8, and art. XVH of the agreement, the arbitrator thus did not hear Blanchette’s statutory civil rights claim, because that claim did not involve a question of interpreting the agreement.”

Old Rochester Reg'l Teacher's Club v. Old Rochester Reg'l Sch. Dist. Comm., 398 Mass. 695 (Mass. 1986). · cites it 4× “The arbitrator’s scope of review. Traditionally, arbitrators have great latitude in taking testimony, in conducting hearings, and in fashioning remedies.”

Sch. Comm. of Waltham v. Waltham Educators Ass'n, 500 N.E.2d 1312 (Mass. 1986). · cites it 3× “As to whether the award exceeded the arbitrator’s authority, we must consider the provisions of the statute, G. L. c. 150E, § 8, set forth in the margin, 3 which authorize establishment of a grievance procedure in collective bargaining agreements between public employers and…”

Sch. Comm. v. United Educators, 784 N.E.2d 11 (Mass. 2003). “Although not raised by the parties, the issue whether, and the degree to which, G. L. c. 150E, § 8, controls a principal’s hiring decisions under G.”

O'Neill v. Carlisle, 210 F.3d 41 (1st Cir. 2000). “See Mass. Gen. Laws ch. 150E, § 8. At the recom *46 mendation of her union representative, O'Neill decided to pursue arbitration.”

City of Leominster v. Int'l Bhd. of Police Officers, 596 N.E.2d 1032 (Mass. App. Ct. 1992). · cites it 2× “In addition to provisions for the final and binding arbitration of grievances “to the extent permissible by law,” see G. L. c. 150E, § 8, 3 the agreement provided that the “arbitrator shall be without power to make any decisions in conflict with the laws of the Commonwealth of…”

Int'l Org. of Masters, Mates & Pilots, Atl. & Gulf Mar. Region v. Woods Hole, Martha's Vineyard & Nantucket S.S. Auth., 467 N.E.2d 1331 (Mass. 1984). “The General Court has used the term “dispute” to refer to a broad range of matters in the labor relations sector, including those concerning “the interpretation or application of such [collective bargaining agreement],” G. L. c. 150E, § 8, as amended by St. 1978, c.”

Boston Teachers Union v. Sch. Comm., 434 N.E.2d 1258 (Mass. 1982). “Employees who do not receive the pay increases to which they are entitled may proceed against the city for *211 breach of contract or through a grievance procedure pursuant to G. L. c. 150E, § 8. 19 2. Enforceability of the Job Security Clause.”

Martin v. Sch. Comm., 480 N.E.2d 625 (Mass. 1985). · cites it 2× “For this proposition Martin relies on G. L. c. 150E, § 8. 12 Even if we accept Martin’s interpretation of G.”

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