Management Rights - AELE's Home Page

Defibrillators 12-2
they affect greatly the level of service provided to the public but have only
a marginal or indirect effect on safety or workload. 7 With respect to
firefighting equipment, the Commission has held that decisions about
what equipment to purchase or to deploy are managerial prerogatives.
However, if these decisions directly and significantly affect the safety and
workload of firefighters, then the employer must bargain over the impacts
of the decision on firefighters’ terms and conditions of employment. 8
Accordingly, the LRC wil examine if the Employer’s decision to purchase
and to deploy defibrillators affected the safety and workload of the
firefighters represented by the Union, requiring the Town to impact
bargain with the Union. 9
In the 2004 LRC case of Town of Somerset, the Commission held that a
municipal employer may decide to install defibrillators in cruisers and to
train officers in their use. However, they must bargain with the union
over the impacts if a timely request is made. 10 Failure to do so will not
necessarily result in a cease and desist order, just a prospective
bargaining order. 11
PRACTICE POINTERS
Involving the union in the entire process of selection, training and
implementation of defibrillators in police or fire vehicles is recommended. It
will avoid needless disputes and may produce a level of cooperation where
everyone has an opportunity for input.
Commonwealth of Massachusetts