A group of construction trade associations is asking a federal court judge to rule that the Bay State's newly passed sick-time law does not apply to them because it is pre-empted by the federal Labor Management Relations Act.
"When a state law comes out and establishes a working condition — and in this case also a wage — our argument is that those are exclusive to the bargaining parties under federal labor law," said James Grosso, an attorney for the trade associations, which include general, electrical and mechanical contractors. "They can't come in and dictate to employers and employees what they're going to have in their collective bargaining agreements."
The new sick-time law, which becomes effective July 1, requires employers with more than 10 workers to allow them to accrue up to 40 hours of paid sick leave per calendar year.
The trade associations, which negotiate collective bargaining agreements with various labor unions, say the new law allows the Massachusetts Attorney General's Office to bring suits against companies in state court, while federal law requires those same disputes to be hashed out in federal court.
Meanwhile, Raise Up Massachusetts, the group that pushed for the sick- time law, said there had been many debates on how the new referendum would work, and the trade associations never came to the bargaining table.
"This was an issue that was debated for months, and it passed overwhelmingly by the voters of Massachusetts," said Steve Crawford, Raise Up's spokesman. "The people who are bringing this legal action were virtually silent throughout the process."
The AG's office, which had not yet been served with a copy of the petition, could not comment.
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