Management Rights - AELE's Home Page

Management Rights 1-2
management rights clauses to be enforceable, they must be far more
detailed -- preferably containing examples -- than their predecessors.
PRACTICE POINTERS
It is important to recognize the possible sources of management rights.
Some are contained in statutes while others are “inherent” in the nature of
public administration. Where neither is the case, a municipal employer is
still free to negotiate for certain rights, just as are the unions when seeking
benefits. The challenge is to recognize when something is an inherent
managerial prerogative. In that case, numerous consequences follow. For
example, certain items need not be discussed even if the union proposes
them at the bargaining table. Moreover, even when they are discussed,
management may be free to refuse to include them in any resulting
contract. Lastly, in certain circumstances, they may not be enforceable
even when they are included in a collective bargaining agreement.
In a 2002 Supreme Judicial Court decision involving the Worcester Police
Department, the court upheld the Labor Relations Commission's ruling
that the decision to engage police officers in enforcing laws pertaining to
school attendance implicated the city's ability to set its law enforcement
priorities, and thus was not subject to bargaining. 1 The city was not
required to explain its decision, so long as it was a matter of policy. 2 Since
the city failed (neglected?) to raise an argument on appeal to the SJC
concerning the Commission's order requiring bargaining over the impact
of the city's policy decision, the court treated that as a waiver and
(reluctantly?) upheld that part of the LRC's decision. 3
PRACTICE POINTERS
The Court's decision in the City of Worcester case contains an extensive
discussion of management rights. It points out, for example, that setting
the priorities for the deployment of law enforcement resources is purely a
matter of policy and not a proper subject for collective bargaining.
Other examples of exclusive managerial prerogative cited by the SJC in
City of Worcester include: the decision to reduce staff; having one as
opposed to two officers assigned to each cruiser; requiring police officers
suspected of criminal conduct to take a polygraph examination;
reassigning duties formerly performed by police prosecutors to town
counsel; and ceasing to require the presence of arresting officers at
arraignment. While the latter two examples required impact bargaining,
the court in Worcester hinted that if the city had properly raised the
argument on appeal, the court might have ruled that no impact bargaining
was required.
Commonwealth of Massachusetts