News in Brief

• Healey Appoints Jones as EOLWD Secretary. Governor Healey appointed Ms. Lauren Jones as Secretary of the Massachusetts Executive Office of Labor and Workforce Development (EOLWD). Secretary Jones, who was Executive Vice President of the Massachusetts Business Roundtable, previously held roles with the City of Boston under Mayor Marty Walsh and in the Labor and Workforce Development Office under Governor Deval Patrick. As Executive Vice President of the Massachusetts Business Roundtable, Secretary Jones led the organization’s workforce development policy and strategy. In her roles with the Patrick-Murray Administration, Secretary Jones was the Communications Director for the Executive Office of Labor & Workforce Development, Policy & Communications Director for former Lieutenant Governor Tim Murray, and Senior Program Manager of the Economic Development Incentive Program in the Office of Business Development. She holds a Master in Public Administration Degree from Northeastern University, and has a Bachelor’s Degree in Political Science from Providence College.

• Healey Appoints Walsh as EOHHS Secretary. With one of the last slots to be filled in the Secretariat level positions, Governor Healey appointed Ms. Kate Walsh, President and CEO of Boston Medical Center, to lead the Massachusetts Executive Office of Health and Human Services (EOHHS), which oversees everything from public health and MassHealth to the child welfare system. Secretary Walsh started as Senior Vice President at Massachusetts General Hospital 1988, then moved to lead the Novartis Institutes for BioMedical Research in 2002, and joined Brighman and Women's Hospital as Executive Vice President and CEO in 2004 before starting at BMC in 2010. Walsh received her Bachelor's Degree and a Master of Public Health Degree from Yale University.

• Town of Wayland Moving Towards MWRA. According to The Patch, the Town of Wayland may begin work on a connection to the Massachusetts Water Resources Authority (MWRA), which would be a major upgrade for the town water supply following revelations about local PFAS levels in recent years. At a recent meeting of Wayland continued on page 17

Legislative Update continued from page 15 town government, engineers gave an overview to officials about the Town's options for connecting to the MWRA. One leading proposal to use a hybrid water system would mix a new pipeline to the Hultman Aqueduct along with about 40 percent of water from existing town wells. Along with many other cities and towns in Massachusetts, Wayland discovered higher than allowable levels of PFAS in its water after more stringent standards were adopted in 2021. While the Town took successful measures to reduce its PFAS levels, connecting to the MWRA would provide a longterm solution for reducing PFAS.

• Executive Order to Plan for Executive Office on Housing Formed. At a presentation before the Massachusetts Municipal Association (MMA) Annual Meeting, Governor Healey announced that she had signed an Executive Order to determine the best means for creating a new Housing secretariat office. Under the Executive Order, a working group to study the creation of an Executive Office of Housing and the appointment of a Secretary of the same. The Working Group will be comprised of the Lieutenant Governor, who shall serve as chair, the Secretary of Housing and Economic Development or her designee, who shall serve as the vice chair; the Secretary of Administration and Finance or his designee; the Executive Director of MassHousing; and up to fifteen additional members appointed by the Governor from representatives of municipal leadership, housing advocacy groups, affordable housing developers, market rate housing developers, and housing finance organizations, including one or more mayors from different regions of the Commonwealth. With housing affordability being a key campaign theme, Governor Healey and Lt. Governor Driscoll want to separate the functions from the existing Executive Office of Housing and Economic Development. continued on page 19

• House Seats Final Two Members of 193rd Session. After holding a public hearing to gather testimony from both sets of candidates in contested House races, a special House elections panel, comprised of Representative Michael Day, State Representative Dan Ryan and House Minority Leader Brad Jones, ultimately voted to seat the two winning Democratic candidates. In the Second Essex District, Democrat Kristin Kassner won by one vote over five-term Republican Representative Lenny Mirra. In the First Middlesex District, Democrat Margaret Scarsdale was found to have defeated Republican Andrew Shepherd by seven votes.

Legislative Update continued from page 17

In both cases, the Republican candidates filed legal challenges which were eventually redirected to the Massachusetts legislature for resolution.

• Chapter 90 Municipal Road Funding Bill Filed. The second piece of legislation filed by Governor Healey will provide $400 million over two years in Chapter 90 funds for municipal road and bridge projects throughout the Commonwealth, if passed. Announced at the MMA Annual Conference, the legislation is an annual rite of passage where municipalities, the Governor and the legislature debate the road and bridge infrastructure needs of the Commonwealth’s communities. For its part, the MMA has advocated for greater funding – not only for greater needs – but based on an adjustment for inflation. The MMA notes that $200 million in level funding from 2012 does not recognize the lost purchasing power over the years. Governor Healey’s proposed distribution over two years aims to provide municipalities with greater predictability. While previous Governors have proposed similar two-year funding cycles, the Chapter 90 appropriation remains an annual action. To review the municipal road and bridge funding bill, which also provides potential matching grants to federal funding, please visit: https:// malegislature.gov/Bills/193/H52. n

Patrick A Di Cerbo, B.A., MSFS, ChFC®, CFP® Wealth Management Advisor 518.281.8200 patdicerbo.com

The National Labor Relations Board’s “Proposed Fair Choice and Employee Voice” Rule

As many of you are aware, the National Labor Relations Board (the “NLRB”) published a notice of proposed rulemaking back in November 2022 (the “Proposed Rule”). The notice announces a plan to roll back the following three policies established by the earlier administrations: the so-called “blocking charge” policy; the voluntary-recognition bar; and Section 8(f) of the National Labor Relations Act (the “NLRA”) relating to agreements applicable to workers in the construction industry. A ruling is expected sometime after the expiration of the February 2, 2023 comment period deadline. We explain the three key proposed changes below.

Part One of the Proposed Rule: Blocking Charge

First, the Proposed Rule seeks to reinstate the NLRB’s “blocking charge” policy. Currently, if a party to an election files an unfair labor practice charge while an election is pending, the election is held irrespective of the charge. Under the Proposed Rule, if a party files an unfair labor practice charge, a regional director may delay the election if the conduct alleged threatens to interfere with employee free choice.

The NLRB states this will conserve resources and avoid reelections, but such blocking has the potential to delay elections and can mean employees may move on before they have an opportunity to vote.

Part Two of the Proposed Rule: Traditional Voluntary Recognition

The second part of the Proposed Rule would eliminate the 2020 voluntary recognition bar. Currently, under the 2020 rule, if a union proffers signed cards from a majority of the proposed bargaining unit, the voluntary recognition will not bar the processing of an election petition unless:

(1) the employer and union notifies the NLRB’s Regional Office of the recognition; (2) the employer posts a prescribed notice of recognition to inform employees and notify them of the 45-day window period beginning on the date the notice is posted; (3) the employer distributes electronic notices to employees; and (4) no election petition is filed in the 45-day window. The Proposed Rule would do away with these requirements. Under

Legal Corner continued from page 21 the Proposed Rule, once voluntary recognition is granted to a union, the union then becomes the exclusive collective bargaining representative of the employees.

Immediate voluntary recognition means that employees who are unaware of a union’s organizing no longer have a right to notice of the voluntary recognition or time to challenge it. Under this approach, employees and unions may be unable to facilitate secret-ballot elections to determine whether the union has majority support following an extension of voluntary recognition.

Part Three of the Proposed Rule: Construction Industry Recognition

Most industries require that union recognition be supported by certification following a secret ballot election or by voluntary recognition based on signatures from a majority of employees. The construction industry is different. Until 2020, under Section 8(f) of the NLRA, an employer and a labor organization could establish a collective bargaining relationship without proof of majority support. The 2020 rule changed this, requiring majority support of employees before union recognition. The Proposed Rule would overturn the 2020 requirement and reinstate the possibility of binding recognition through the language in a collective bargaining agreement. It also would re-impose the 6-month limitation period for challenging the employer’s recognition.

Implementing this recognition could counteract uncertainty and unpredictability in construction-industry labor relations created by the 2020 rule. However, concerns exist that the construction industry recognition allows employees to convert a Section 8(f) bargaining relationship without evidence that there is majority support of the union.

Construction contractors should keep a close eye on the Proposed Rule. If adopted, they should take appropriate steps to ensure they understand its impact on labor relations moving forward. Of course, each situation is different. Consultation with competent and experienced counsel is recommended. n