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Light Duty 11-6 1 Votour v. City of Medford, 335 Mass. 403, 140 N.E.2d 177 (1957) 2 City of Westfield v. Labor Relations Commission, 437 Mass. 1104, 772 N.E.2d 589 (2002). 3 City of Springfield, 12 MLC 1051, 1054 (1985); City of Springfield, 16 MLC 1127, 1133 (1989) 4 Id. 5 Town of Natick, 18 MLC 1155 (1991) 6 City of Boston, 5 MLRR 1077 (1978) 7 M.G.L. c. 41, § 111F (West, 1993) 8 Gaffney v. Silk, 488 F.2d 1248 (1st Cir. 1973) 9 City of Newton, 27 MLC 74 (2000). 10 Commonwealth of Massachusetts, 16 MLC 1779 (1990) Commonwealth of Massachusetts
CHAPTER 12 - DEFIBRILLATORS The Commission has held that any increase or change in an employees' job duties, safety, or workload is a mandatory subject of bargaining, including the impacts of the implementation of a defibrillation program. 1 The City argued that the Arlington case is distinguishable from the facts in its case because the defibrillators in Arlington were used exclusively by the EMT's and, thus, the impact on job duties, safety, and workload would have been far more appreciable than here, where the fire fighters defer to AMR once the ambulance arrives on the scene. However, although the defibrillators are not used exclusively by the City's fire fighters, the facts demonstrate that the City's decision to implement a defibrillation program required the training of bargaining unit members in the use of the defibrillator, changed the fire fighters' job duties, and increased their workload. Therefore, consistent with its decision in Arlington, the LRC concluded that the impacts of the City's defibrillator program is a mandatory subject of bargaining. § 1 EQUIPMENT, WORKLOAD & SAFETY Issues affecting workload and safety are mandatory subjects of bargaining, whereas issues concerning the level of public service to be delivered are permissive subjects of bargaining. 2 To determine whether an employer made any changes that affected a mandatory subject of bargaining, the Commission has historically balanced the unions’ interest in bargaining over safety and workload issues with the employer’s interest in making the core management decision of what level of services to provide. 3 A topic does not become a mandatory subject of bargaining merely because an employer’s actions marginally or indirectly implicate safety or workload issues. 4 Rather, the topic must directly and significantly affect safety or workload to outweigh the employer’s interest in making a core management decision. 5 Applying the above-referenced standard, the Commission has determined that staffing per piece of fire fighting equipment while responding to an alarm is a mandatory subject of bargaining to the extent that it raises a question of safety, because the number of firefighters who engage a fire has a direct and significant impact on safety. 6 In contrast, minimum staffing per shift, staffing per piece of equipment while awaiting an alarm, and staffing per piece of equipment while responding to a mutual aid call where no safety issue exist, remain core management decisions, because Commonwealth of Massachusetts
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PREFACE Municipal officials and dep
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INTRODUCTION Public safety unions h
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Table of Contents ii § 2 Entry-Lev
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Table of Contents iv § 8 Other Ben
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Management Rights 1-2 management ri
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Management Rights 1-4 organized pub
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Management Rights 1-6 arbitrate a d
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CHAPTER 2 - SCOPE OF ARBITRATION Mu
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Scope of Arbitration 2-3 There are
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Scope of Arbitration 2-5 Northborou
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Scope of Arbitration 2-7 DiSciulo
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Scope of Arbitration 2-9 leniency o
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Scope of Arbitration 2-11 20 Masach
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Subjects of Bargaining 3-2 When a p
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Subjects of Bargaining 3-4 § 2 NON
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Subjects of Bargaining 3-6 each new
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Subjects of Bargaining 3-8 47 Whitm
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CHAPTER 4 - “GOOD FAITH” Both t
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Good Faith 4-3 A. REFUSAL TO NEGOTI
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Good Faith 4-5 When a contract is i
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Good Faith 4-7 assignments an inher
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Good Faith 4-9 A union's obligation
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Good Faith 4-11 employees' terms an
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Good Faith 4-13 3) Contractual Waiv
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Good Faith 4-15 impasse is reached
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Good Faith 4-17 1 Harwich School Co
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Good Faith 4-19 59 Commonwealth of
Page 56 and 57: Assignment 5-2 Despite the fact tha
Page 58 and 59: Assignment 5-4 condition of re-issu
Page 60 and 61: CHAPTER 6 - PROMOTIONS The promotio
Page 62 and 63: Promotions 6-3 list is due to expir
Page 64 and 65: CHAPTER 7 - APPOINTMENTS The appoin
Page 66 and 67: Appointments 7-3 providing the unio
Page 68 and 69: Appointments 7-5 entry-level wage o
Page 70 and 71: Appointments 7-7 union requests bar
Page 72 and 73: CHAPTER 8 - BARGAINING UNIT WORK A
Page 74 and 75: Bargaining Unit Work 8-3 private se
Page 76 and 77: Bargaining Unit Work 8-5 § 1 REMED
Page 78 and 79: Bargaining Unit Work 8-7 2) Absence
Page 80 and 81: Bargaining Unit Work 8-9 33 Safeway
Page 82 and 83: Reorganization 9-2 the work is supe
Page 84 and 85: Reorganization 9-4 bargaining unit
Page 86 and 87: Reorganization 9-6 If the union dem
Page 88 and 89: Reorganization 9-8 41 See Commonwea
Page 90 and 91: Sick and Injury Leave Rules 10-2 Wh
Page 92 and 93: Sick and Injury Leave Rules 10-4 §
Page 94 and 95: Sick and Injury Leave Rules 10-6 wh
Page 96 and 97: Sick and Injury Leave Rules 10-8 Up
Page 98 and 99: Sick and Injury Leave Rules 10-10 P
Page 100 and 101: Sick and Injury Leave Rules 10-12 1
Page 102 and 103: Light Duty 11-2 leave if they are c
Page 104 and 105: Light Duty 11-4 § 2 INJURED ON DUT
Page 108 and 109: Defibrillators 12-2 they affect gre
Page 110 and 111: CHAPTER 13 - WORKPLACE RULES AND PR
Page 112 and 113: Workplace Rules and Practices 13-3
Page 134 and 135: Changing Schedules 14-2 § 1 CONTRA
Page 136 and 137: Changing Schedules 14-4 legitimate
Page 138 and 139: CHAPTER 15 - MINIMUM STAFFING The n
Page 140 and 141: Minimum Staffing 15-3 that “a min
Page 142 and 143: Minimum Staffing 15-5 1 Chapter 594
Page 144 and 145: Benefits, Compensation and Leaves 1
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Benefits, Compensation and Leaves 1
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Employee Performance 17-2 The emplo
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Employee Performance 17-4 compellin
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Employee Performance 17-6 37 See se
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APPENDIX A-2 SAMPLE NOTICE FORM (OP
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APPENDIX A-4 SAMPLE NOTICE FORM (OP
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APPENDIX A-6 SAMPLE FORM 5 SAMPLE D
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APPENDIX A-8 6. The employee to be
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APPENDIX A-10 CONSENT I agree that
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APPENDIX A-12 to maintai
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