Mass. Gen. Laws » Part I Title II Chapter 23
Massachusetts General Laws

Mass. Gen. Laws ch. 23, § 9R (2026)

Commonwealth employment relations board; appointment of members; designation of chairperson; reimbursement; powers and duties

✓ current as of July 2026
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Section 9R. (a) There shall be in the department of labor relations a commonwealth employment relations board, in this and the following 5 sections called the ''board,'' consisting of 3 members to be appointed by the governor. The board shall in no respect be subject to the jurisdiction of the executive office of labor and workforce development except to the extent of compliance with reasonable requests from the secretary for the sharing of information which does not interfere with the efficient and independent functioning of the board. Each member of the board shall be appointed for a term of 5 years; provided, however, that a term of appointment shall be shortened, if necessary, to ensure that the members' terms are staggered such that a term expires every 2 years. Any vacancy in the board shall be filled by appointment in like manner. No more than 2 members shall be from the same political party. Upon the expiration of the term of any member, her successor shall be appointed in like manner. Any member may be removed by the governor for neglect of duty or malfeasance in office, but for no other cause.

(b) The governor shall designate one of the members of the board as chair. The chair shall be responsible for convening meetings of the board. The position of chair shall be classified in accordance with section 45 of chapter 30 and the chair's salary shall be determined in accordance with section 46C of said chapter 30. The chair shall devote her full time to the duties of her office and shall not engage in other employment or business activities during regular business hours.

(c) The board members other than the chair shall serve on a per diem basis, to be reimbursed at an appropriate rate to be established by the director, in consultation with the advisory council. The board members shall hold no other public office or public employment in the commonwealth, and shall devote whatever time is necessary to fulfill the obligations of their positions.

(d) Pursuant to section 11 of chapter 150E, the members shall be responsible for reviewing orders and issuing decisions.

(e) A vacancy in the board shall not impair the right of the remaining members to exercise all the powers of the board, and 2 members of the board shall at all times constitute a quorum. The board shall have an official seal which shall be judicially noticed.

(f) The appointment or reappointment of a member shall be made by the governor from names submitted to the governor by the advisory council. Before any appointment or reappointment to the position of member of the commonwealth employment relations board, the advisory council shall review all applications for such nominations and consider the following factors: (1) basic understanding of the commonwealth's public sector labor relations law; (2) skills in decision-making; (3) a law degree; and (4) demonstrated familiarity with legal processes. The advisory council shall rank each candidate as qualified, unqualified, or highly qualified. The governor may select 1 or more candidates recommended by the advisory council; provided, however, that the governor may decline to appoint any of the proffered candidates, in which case the council shall reopen the application process and submit new candidates for the governor's consideration.

(g) Attorneys employed by the division may appear for and represent the board in any case in court.

Notes of Decisions
Cited in 10 cases, 1976–2017 · leading case: Boston Hous. Auth. v. Nat'l Conf. of Firemen & Oilers, Local 3, 935 N.E.2d 1260 (Mass. 2010).
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Boston Hous. Auth. v. Nat'l Conf. of Firemen & Oilers, Local 3, 935 N.E.2d 1260 (Mass. 2010). “The court, however, summarily rejects the conclusion articulated by the division in its Town of Burlington decision, that an evergreen clause is consistent with these statutory purposes, and does not violate the three-year term provision in § 7 (a).”
City of Somerville v. Commonwealth Emp. Relations Bd., 24 N.E.3d 552 (Mass. 2015). “See G. L. c. 23, § 9R; G. L. c. 150E, § 11. 11 Historically speaking, “the subjects of public sector collective bargaining are more restricted than those in private sector labor relations.”
Lyons v. Labor Relations Comm'n, 492 N.E.2d 343 (Mass. 1986). “Pursuant to its authority under G. L. c. 23, § 9R, the commission promulgated regulations to implement the provisions of G.”
Miller v. Labor Relations Comm'n, 600 N.E.2d 605 (Mass. App. Ct. 1992). · cites it 2× “” The plaintiff has a heavy burden to meet in attacking the validity *407 of properly promulgated regulations, for he must show that the regulation has no rational relationship to the goals or policies of the agency’s enabling statute.”
Massachusetts Prob. Ass'n v. Comm'r of Admin., 352 N.E.2d 684 (Mass. 1976). “8 The Commission, by virtue *655 of the authority vested in it by G. L. c. 23, § 9R, as most recently amended by St.”
Chief Just. for Admin. & Mgmt. of the Trial Court v. Commonwealth Emp. Relations Bd., 946 N.E.2d 704 (Mass. App. Ct. 2011). “See G. L. c. 23, § 9R; G. L. c. 150E, § 11. As of January, 2003, that statute in pertinent part provided that “any person who has been retired and who is receiving a pension or retirement allowance .”
Gallagher v. Metro. Dist. Comm'n, 359 N.E.2d 36 (Mass. 1977). “” The Labor Relations Commission, under the authority vested in it by G. L. c. 23, § 9R, as amended by St. 1973, c.”
Therrien v. Labor Relations Comm'n, 390 Mass. 644 (Mass. 1983). “8 Therrien and Wasiuk, by requesting that we *650 remand for further consideration, are, in effect, requesting that we review the Commission’s interpretation of 402 Code Mass.”
O'Keeffe v. Sch. Comm. of Bostonand Another, 95 N.E.3d 298 (Mass. App. Ct. 2017). “3, and because the board is one of the divisions of the DLR, G. L. c. 23, § 9R, we apply the principles enunciated in earlier decisions involving the former Labor Relations Commission to the decision and order of the board.”
City of Somerville v. Commonwealth Emp. Relations Bd. (Mass. 2015). “See G. L. c. 23, § 9R; G. L. c. 150E, § 11. 9 effect prior to August 1, 2009, for the unions' bargaining unit members who were active employees before that date and retired thereafter.”
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