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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
Defibrillators 12-3 1 Town of Arlington, 21 MLC 1125, 1130 (1994). 2 Town of Halifax, 20 MLC 1320, 1323 (1993); Town of Bridgewater, 12 MLC 1612, 1615-1616 (1986); Town of Danvers, 3 MLC 1559, 1574 (1977). 3 Town of Dracut, 23 MLC 113, 114 (1996); City of Melrose, 22 MLC 1209, 1217 (1995); Town of Halifax, 20 MLC at 1323; Town of Bridgewater, 12 MLC at 1615-1616; Town of Reading, 9 MLC 1730, 1738 (1983); Town of Billerica, 8 MLC 1957, 1961 (1982); City of Newton, 4 MLC 1282, 1283-1284 (1977); Town of Danvers, 3 MLC at 1574. 4 See e.g., Town of Dracut 23 MLC at 114; City of Melrose, 22 MLC at 1217; Town of Halifax, 20 MLC at 1324. 5 See e.g., Town of Bridgewater, 12 MLC at 1616-1618; Town of Billerica, 8 MLC at 1962. 6 City of Newton, 4 MLC at 1283. 7 Town of Danvers, 3 MLC at 1573; Town of Billerica, 8 MLC at 1961; Town of Reading, 9 MLC at 1740. 8 Town of Halifax, 20 MLC at 1325; Town of Bridgewater, 12 MLC at 1617-1618. 9 Town of Mansfield, 30 MLC 164 (2004). 10 Town of Somerset, 30 MLC 47 (2004). 11 Id. Massachusetts Municipal Police Training Committee
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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
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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 106 and 107: Light Duty 11-6 1 Votour v. City of
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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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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