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Workplace Rules and Practices 13-11 order them to be removed. If they have been allowed, but the chief now objects, notice and opportunity to bargain is required before ordering them removed. § 7 RESIDENCY REQUIREMENTS Public safety departments often require that employees live within the town or city limits, or that they live within a particular distance from the municipal limits. Additionally, some public employers, while not requiring residency, give preference to persons residing in the community. These types of regulations have been challenged on a number of occasions, at both the state and federal levels, but have been upheld. The Supreme Court of the United States, in McCarthy v. Philadelphia Civil Service Commission had the opportunity to consider the legality of a residency requirement for firefighters. 79 The plaintiff had been employed as a firefighter in Philadelphia for 16 years when he was terminated because he moved his permanent residence from Philadelphia to New Jersey in contravention of a municipal regulation requiring city employees to be residents of the city. 80 The Court had previously held in Hicks v. Miranda that this type of ordinance was “not irrational” as a valid exercise of state authority. 81 The plaintiff in McCarthy, however, raised a new challenge to the residency requirement; he argued that the regulation infringed on his constitutionally protected right to travel. 82 The Supreme Court rejected this claim, distinguishing other “right to travel” cases as implicating fundamental rights such as voting or receiving welfare benefits and involving the requirement of a one year residency waiting period. 83 In Massachusetts, the Supreme Judicial Court dealt directly with a one year residency rule which gave preference to applicants for the position of police officer who had lived in the town for that period. 84 In Town of Milton v. Civil Service Commission, the plaintiffs challenged the residency requirement on state and federal constitutional grounds. The SJC rejected this challenge, holding that the rule need only satisfy the “reasonable relationship to legitimate state purposes” test, not the more stringent “compeling state interest” test, because the rule did not “place a penalty” on the right to travel. 85 The court cited several advantages to the residency requirement: knowledge of local geography which leads to quicker response time; familiarity with the community which encourages trust and cooperation on the part of citizens; officers off-duty being in the community facilitates mobilization in an emergency; and facilitation of the local cadet program, which assists local students in obtaining a higher degree while working for the police force. 86 Massachusetts Municipal Police Training Committee
Workplace Rules and Practices 13-12 Similarly, the Appeals Court upheld, in Mello v. Mayor of Fall River, the dismissal of a tenured civil service employee on the grounds of her moving outside of the city in violation of the residency requirement for city employees. 87 Moreover, the Court in Mello did not even require the City Council to make explicit findings, in enacting the ordinance, as to the importance and benefits to the city of the municipal employee residency requirement. 88 In a 2003 case involving the Brockton Police Department, the Appeals Court held that residency clause in collective bargaining agreement, in which parties agreed that previously enacted ordinance requiring law enforcement officers to be city residents would be enforced only against officers hired after specified date, was lawful, as applied to officers hired prior to agreement’s date. § 8 TRANSFERS The Joint Labor <strong>Management</strong> Committee (JLMC) statute lists the right to transfer police oficers as a mater of “inherent managerial policy”. Although the wording is not clear, it appears that at least in firefighter situations, “the subject mater of transfer shal not bewithin the scope of arbitration, provided, however, that the subject matters of relationship of seniority to transfers and disciplinary and punitive transfers shall be within the scope of arbitration.” The transfer cases which the LRC has decided have not involved police or fire service situations. A public employer is free to transfer employees at will, as long as: 1) the motivation for the transfer was not related to the employee’s union activities, 89 and 2) the transfer was not in violation of the collective bargaining agreement. Thus, the employer may not discriminate against an employee with respect to his or her union activities by transferring him or her. 90 Also, at least in non-public safety situations, if the employer has entered into an agreement with the union or has been subject to an arbitration award with respect to transferring employees, the employer may not violate the agreement. 91 In the education context, the involuntary transfer procedure for teachers is not a “hiring decision” under the education reform act, but a proper subject for a collective bargaining agreement. 92 PRACTICE POINTERS In many ways, the exercise of the rights of transfer and assignment appear similar. A chief has traditionally used the power to transfer employees as an informal disciplinary tool. At least in firefighter cases, 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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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
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Page 96 and 97: Sick and Injury Leave Rules 10-8 Up
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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 108 and 109: Defibrillators 12-2 they affect gre
Page 110 and 111: CHAPTER 13 - WORKPLACE RULES AND PR
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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
Page 158 and 159: Employee Performance 17-2 The emplo
Page 160 and 161: Employee Performance 17-4 compellin
Page 162 and 163: Employee Performance 17-6 37 See se
Page 164 and 165: APPENDIX A-2 SAMPLE NOTICE FORM (OP
Page 166 and 167: APPENDIX A-4 SAMPLE NOTICE FORM (OP
Page 168 and 169: 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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