▸SECTION 1
Chapter 19A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 4D the following section:-
▸SECTION 4E
(a) As used in this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Covered employee”, a home care worker employed by a covered employer and providing services under the home care program established in section 4 of this chapter.
“Covered employer”, a home care agency employing one or more home care workers providing services under the home care program established in section 4 of this chapter.
“Department”, the department of elder affairs as established in section 1 of this chapter or any successor department or agency.
“Home Care Program”, the department of elder affairs state home care program as established in section 4 of this chapter.
''Home care worker'', a person employed by a home care agency to provide personal care, homemaker, companion or chore services under the home care program established in section 4.
''Home care agency'', an entity employing home care workers to provide services under the state home care program established in section 4 of this chapter under contract or subcontract either with an aging services access point (ASAP) established in section 4B of this chapter or with or any successor entity serving as a care manager for state home care program services.
''Labor organization”, any organization in which employees participate and which exists for the purpose, in whole or in part, of facilitating collective bargaining with employers or the resolution of disputes concerning grievances, wages, rates of pay, hours of employment, or conditions of work.
“Labor peace agreement”, an agreement between a covered employer and a labor organization that seeks to represent covered employees, where such agreement requires that the covered employer and the labor organization both agree to the uninterrupted delivery of home care services and to refrain from actions intended to or having the effect of interrupting such services. Such an agreement may also include other terms agreed upon by the parties, pursuant to department rules and regulations promulgated relative to this section.
(b) The department shall require each covered employer contracting with the state, subcontracting with an ASAP, or subcontracting with any successor entity serving as a care manager for state home care program services, to provide services to an individual under the state home care program, to enter into a labor peace agreement pursuant to the provisions outlined in subsections (c) through (f) of this section and where required by such subsections. The department shall review and approve each such labor peace agreement and shall require that each such labor peace agreement is incorporated into the covered employer’s contract or subcontract specifications.
(c) Upon the award or renewal of a contract or subcontract to provide services under the state home care program, a covered employer, shall either:
(1) submit an attestation to the department, signed by the covered employer and by one or more labor organizations, stating that the covered employer has entered into one or more labor peace agreements with such labor organizations, and that identifies: (a) the classes of covered employees covered by the labor peace agreements, (b) the classes of covered employees not currently represented by a labor organization and that no labor organization has sought to represent, and (c) the classes of covered employees for which labor peace agreement negotiations have commenced but not yet concluded; or
(2) submit an attestation to the applicable contracting agency stating that the covered employer's covered employees are not currently represented by a labor organization and that no labor organization has sought to represent such covered employees.
(d) If a labor organization seeks to represent covered employees of a covered employer after the award or renewal of a contract or subcontract to provide services under the state home care program, and the labor organization has provided notice to the department and the covered employer regarding such interest, the covered employer will enter into a labor peace agreement with the labor organization. The covered employer shall submit an attestation signed by the labor organization to the department no later than 90 days after the date of notice stating: (1) that it has entered into a labor peace agreement with such labor organization or (2) that the covered employer and the labor organization have commenced negotiations for a labor peace agreement but that such negotiations have not yet concluded. A labor organization that has provided notice pursuant to this subsection may also provide the department with notice that a covered employer has failed to enter a labor peace agreement.
(e) Prior to the award or renewal of a contract or subcontract to provide services under the state home care program, a covered employer seeking such award or renewal shall provide the department a certification containing the following information:
(1) The name, address and telephone number of the chief executive officer of covered employer;
(2) A statement that, if the contract is awarded or renewed, the covered employer agrees to comply with the requirements of this section, and with all applicable federal, state and local laws; and
(3) A record of any instances during the preceding five years in which the covered employer has been found by a court or government agency to have violated state or local laws regulating labor relations, the payment of wages, the provision of earned time off, or the scheduling of employees.
Such certification shall be signed under penalty of perjury by the covered employer and shall be annexed to and form a part of the contract or subcontract to provide services under the state home care program. Such certification and the underlying contract or subcontract shall be public documents and the department shall make such documents available to the public upon request.
(f) Failure to comply with the requirements of this section, including the failure reach a labor peace agreement with a labor organization pursuant to subsection (d), may be deemed to constitute a material breach by the covered employer of the terms of their contract or subcontract. Such failure shall be determined by the department, which shall issue a written notice upon such determination. Upon failure to cure such breach within 60 days of such notice, the department shall have the right to pursue any rights or remedies available under the terms of the contract or subcontract, or under applicable state law, including termination of the contract.
(g) When, pursuant to the provisions of this section, a final disposition has been entered against a covered employer in two instances within any consecutive four year period and determining that such covered employer has failed to comply with the requirements of this section, such covered employer, and any principal or officer of such covered employer who knowingly participated in such failure, shall be ineligible to submit a bid or proposal on or be awarded any contract with the department for a period of four years from the date of the second disposition.
(h) The department shall promulgate rules and regulations, establish compliance timelines and deadlines, and shall provide such forms and notifications, as may be necessary to implement and enforce this section; provided, however, that the department shall minimize any duplicative reporting requirements.
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SECTION 1. Chapter 19A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after section 4D the following section:-
Section 4E (a) As used in this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Covered employee”, a home care worker employed by a covered employer and providing services under the home care program established in section 4 of this chapter.
“Covered employer”, a home care agency employing one or more home care workers providing services under the home care program established in section 4 of this chapter.
“Department”, the department of elder affairs as established in section 1 of this chapter or any successor department or agency.
“Home Care Program”, the department of elder affairs state home care program as established in section 4 of this chapter.
''Home care worker'', a person employed by a home care agency to provide personal care, homemaker, companion or chore services under the home care program established in section 4.
''Home care agency'', an entity employing home care workers to provide services under the state home care program established in section 4 of this chapter under contract or subcontract either with an aging services access point (ASAP) established in section 4B of this chapter or with or any successor entity serving as a care manager for state home care program services.
''Labor organization”, any organization in which employees participate and which exists for the purpose, in whole or in part, of facilitating collective bargaining with employers or the resolution of disputes concerning grievances, wages, rates of pay, hours of employment, or conditions of work.
“Labor peace agreement”, an agreement between a covered employer and a labor organization that seeks to represent covered employees, where such agreement requires that the covered employer and the labor organization both agree to the uninterrupted delivery of home care services and to refrain from actions intended to or having the effect of interrupting such services. Such an agreement may also include other terms agreed upon by the parties, pursuant to department rules and regulations promulgated relative to this section.
(b) The department shall require each covered employer contracting with the state, subcontracting with an ASAP, or subcontracting with any successor entity serving as a care manager for state home care program services, to provide services to an individual under the state home care program, to enter into a labor peace agreement pursuant to the provisions outlined in subsections (c) through (f) of this section and where required by such subsections. The department shall review and approve each such labor peace agreement and shall require that each such labor peace agreement is incorporated into the covered employer’s contract or subcontract specifications.
(c) Upon the award or renewal of a contract or subcontract to provide services under the state home care program, a covered employer, shall either:
(1) submit an attestation to the department, signed by the covered employer and by one or more labor organizations, stating that the covered employer has entered into one or more labor peace agreements with such labor organizations, and that identifies: (a) the classes of covered employees covered by the labor peace agreements, (b) the classes of covered employees not currently represented by a labor organization and that no labor organization has sought to represent, and (c) the classes of covered employees for which labor peace agreement negotiations have commenced but not yet concluded; or
(2) submit an attestation to the applicable contracting agency stating that the covered employer's covered employees are not currently represented by a labor organization and that no labor organization has sought to represent such covered employees.
(d) If a labor organization seeks to represent covered employees of a covered employer after the award or renewal of a contract or subcontract to provide services under the state home care program, and the labor organization has provided notice to the department and the covered employer regarding such interest, the covered employer will enter into a labor peace agreement with the labor organization. The covered employer shall submit an attestation signed by the labor organization to the department no later than 90 days after the date of notice stating: (1) that it has entered into a labor peace agreement with such labor organization or (2) that the covered employer and the labor organization have commenced negotiations for a labor peace agreement but that such negotiations have not yet concluded. A labor organization that has provided notice pursuant to this subsection may also provide the department with notice that a covered employer has failed to enter a labor peace agreement.
(e) Prior to the award or renewal of a contract or subcontract to provide services under the state home care program, a covered employer seeking such award or renewal shall provide the department a certification containing the following information:
(1) The name, address and telephone number of the chief executive officer of covered employer;
(2) A statement that, if the contract is awarded or renewed, the covered employer agrees to comply with the requirements of this section, and with all applicable federal, state and local laws; and
(3) A record of any instances during the preceding five years in which the covered employer has been found by a court or government agency to have violated state or local laws regulating labor relations, the payment of wages, the provision of earned time off, or the scheduling of employees.
Such certification shall be signed under penalty of perjury by the covered employer and shall be annexed to and form a part of the contract or subcontract to provide services under the state home care program. Such certification and the underlying contract or subcontract shall be public documents and the department shall make such documents available to the public upon request.
(f) Failure to comply with the requirements of this section, including the failure reach a labor peace agreement with a labor organization pursuant to subsection (d), may be deemed to constitute a material breach by the covered employer of the terms of their contract or subcontract. Such failure shall be determined by the department, which shall issue a written notice upon such determination. Upon failure to cure such breach within 60 days of such notice, the department shall have the right to pursue any rights or remedies available under the terms of the contract or subcontract, or under applicable state law, including termination of the contract.
(g) When, pursuant to the provisions of this section, a final disposition has been entered against a covered employer in two instances within any consecutive four year period and determining that such covered employer has failed to comply with the requirements of this section, such covered employer, and any principal or officer of such covered employer who knowingly participated in such failure, shall be ineligible to submit a bid or proposal on or be awarded any contract with the department for a period of four years from the date of the second disposition.
(h) The department shall promulgate rules and regulations, establish compliance timelines and deadlines, and shall provide such forms and notifications, as may be necessary to implement and enforce this section; provided, however, that the department shall minimize any duplicative reporting requirements.