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Workplace Rules and Practices 13-9 anti-adornment/uniform policy in a consistent and nondiscriminatory manner, a special circumstance exists, as a matter of law, which justifies the banning of union buttons" (emphasis added). 72 "Special circumstances" rarely, if ever, are found in the absence of a comprehensive ban on all nonstandard adornments. See, e.g., Dighton School Comm., 8 M.L.C. at 1305 ("We are further convinced that no special circumstances exist to prohibit [union] buttons by the fact that other buttons were worn ... without ... interference or comment by the school administration. A rule which is enforced only against union buttons demonstrates the lack of any truly legitimate purpose for the rule"). 73 The record in this case, however, discloses nothing remotely resembling a comprehensive prohibition. We agree with the sheriff that "the need for discipline, uniformity and an absolutely impartial appearance exists at the Jail." People with violent tendencies live at the jail. A paramilitary organization and command structure are essential for the safety of inmates and correction officers alike. But the long period before April 22, 1997, during which the sheriff had no policy prohibiting pins, and the fact that his April 22 edict appears to have fallen with particular force on union pins, supports the commission's conclusion that no special circumstances connected to the jail's mission, command structure, need for discipline or other functional requirement justified the sheriff's unilateral prohibition of the union buttons employees presumptively were entitled to wear. 74 Therefore, the commission's conclusion that the April 22 directive, insofar as it affected union buttons, violated G.L. c. 150E, §§ 10(a)(1) and 10(a) (5), was supported by substantial evidence and did not amount to an error of law. We do not preclude the possibility that circumstances may change over time in a way that enables the sheriff to meet his burden at some point in the future. 75 In light of the foregoing, paragraphs 1(a), 1(b), 2(a), and 2(b) of the commission's order are reversed insofar as they pertain to badges, pins, and any nonstandard uniform attire other than pins and badges containing union insignia. The commission shall modify the "Notice to Employees" referenced in paragraph 2(c) of its order so that it is consistent with this opinion. In all other respects, the commission's order is affirmed. So ordered. The Oxford Police Chief could have banned all non-department-supplied pins and insignia on oficers’ uniforms. However, by alowing DARE patches and “guardian angel” pins, for example, and banning any union pins, the town violated the law by discriminating against the union. 76 Massachusetts Municipal Police Training Committee
Workplace Rules and Practices 13-10 In contexts other than pubic safety, uniforms and grooming standards are common workplace practices (especially for hospital employees, maintenance workers, customer service types of positions, etc.), and are similarly upheld as long as they are not irrational or unreasonable. Typically, collective bargaining involving dress codes will focus on cleaning or uniform allowances. One of the few LRC cases dealing with dress standards involved a dispute over whether an employer was required retroactively to pay a cleaning allowance negotiated in a contract. 77 The LRC determined that where there was no specific agreement to make the cleaning allowance provision retroactive, and where there had been no past practice of providing such an allowance, the employer was not required to pay the retroactive allowance. 78 PRACTICE POINTERS Chiefs are free to set and enforce hair and grooming standards. This includes rules concerning beards, mustaches, hair length, sideburns, visible tattoos, body piercing and jewelry. If no rule currently exists, the chief should provide the union with notice and opportunity to bargain before implementing a change. If the rule exists but has not been enforced for some time or not consistently, the chief need only advise the union and the employees that he/she intends to start enforcing the rule, giving sufficient notice so the employees can comply. Occasionally the growing of beards or long hair is done as a gesture of defiance or in protest of some actions of the chief or the municipality. Assuming there was no written rule on the subject, some chiefs have felt powerless to enforce what they believed was an “unwriten rule” for as long as they could remember. While the area is not free from doubt, it would appear that a prompt meeting with the employees involved as well as with the union would be an appropriate first step. The chief could order employees to shave and suspend (or so recommend to the appointing authority) such individuals until they comply. Rather than having a member be disciplined for insubordination, the union will probably advise the employee to obey and file a prohibited practice charge at the LRC. The chief should inform the union in writing that he/she is willing to negotiate if they so request; however, in the mean time the same status quo which has existed for years (i.e., beard-free) will be maintained. To avoid the practical problems likely to result from objectionable tattoos or visible body piercing, chiefs should promulgate rules before the need arises. It is simple to order an employee to remove an earring. It is not so easy to make a tatoo go away from one’s face, neck or forearms. The decision of what items will be worn on uniforms is a management right. If union pins start appearing, and the chief objects, he/she may 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
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Assignment 5-2 Despite the fact tha
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Assignment 5-4 condition of re-issu
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CHAPTER 6 - PROMOTIONS The promotio
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Promotions 6-3 list is due to expir
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CHAPTER 7 - APPOINTMENTS The appoin
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Appointments 7-3 providing the unio
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Page 72 and 73: CHAPTER 8 - BARGAINING UNIT WORK A
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Page 134 and 135: Changing Schedules 14-2 § 1 CONTRA
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Page 142 and 143: Minimum Staffing 15-5 1 Chapter 594
Page 144 and 145: Benefits, Compensation and Leaves 1
Page 158 and 159: Employee Performance 17-2 The emplo
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Page 162 and 163: Employee Performance 17-6 37 See se
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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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