Massachusetts Governor Patrick this week signed into law a legislative fix to the turmoil created when the SJC issued its decision invalidating evergreen clauses in public sector collective bargaining agreements. The bill, filed as H. 3789, and entered into law as Section 198 of the Acts of 2011, amends the public sector bargaining law (G.L. c. 150E) to allow the use of so-called evergreen clauses. In addition, the new law validates contracts containing such clauses retroactively, where those contracts had expired. The onlyexception to the retroactive validation is that it will not apply to specific matters that were pending or adjudicated in a court of competent jurisdiction between October 22, 2010, and November 1, 2011.

Other than as to those matters, it appears that the evergreen clause is back in business.
For the full text of the Final Legislation, click on this Nolan|Perroni|Harrington link.
For full text in pdf click here