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Workplace Rules and Practices 13-13 this is no longer a matter which can be handled without regard to the union. However, where the chief is motivated by improving the efficiency of operations in general, or with the need for a particular employee’s skils on a given shift or tour of duty, this should be free from any bargaining obligation, at least as far as the decision, if not the impact is concerned. When confronted with a union proposal at bargaining that shifts be “bid”, the employer may refuse to negotiate. If the union is willing to limit the matter to procedures for affording employees the opportunity to express their preferences, this is another matter. The ambiguous language in the Joint Labor <strong>Management</strong> Committee statute -- which appears aimed primarily at firefighters -- has not yet been deciphered by the courts or the LRC. It would be prudent, then, for municipal employers to exclude or make some provision regarding “the relationship of seniority to transfers and disciplinary or punitive transfers” to minimize grievances or LRC charges in this area. § 9 WEAPONS Generally, a police chief has the authority to determine who will carry a firearm and under what conditions, so that the subject of carrying weapons cannot beincluded in an arbitrator’s award. 93 However, a chief may not arbitrarily remove a police oficer’s right to carry a firearm and then assign him/her to dangerous areas. 94 Moreover, a chief may not change a past practice of having officers carry a firearm without giving the union the opportunity to bargain over the impact of the decision on mandatory subjects of bargaining, though the chief need not bargain over the decision itself. 95 Federal legislation has added an additional complication to police officers carrying firearms. 96 Federal law prohibits anyone convicted of a misdemeanor crime of domestic violence from “seling or otherwise disposing of a firearm or ammunition.” Apparently, this prohibition also encompasses police officers carrying firearms in the line of duty. 97 Any officer who in the past has been convicted 98 of a domestic violence offense may not carry a firearm in the line of duty or in the course of his/her employment, must return all departmentally-issued weapons, and must surrender or transfer custody of all personal firearms. Legislation enacted in 1998 in Massachusetts expands the list of persons that have either a temporary (5 year) or lifetime disqualification from being issued a Firearms Identification Card (FID Card) and/or License to Carry firearms. 99 Massachusetts Municipal Police Training Committee
Workplace Rules and Practices 13-14 An arbitrator upheld the termination of a Franklin police officer, even in the absence of a specific written requirement that officers posses a license to carry firearms. PRACTICE POINTERS Given that the deprivation of the right to carry a firearm may render the police officer unable to perform the duties of the job, police chiefs may deal with an officer convicted of a domestic violence offense in a number of ways: temporary reassignment or leave of absence, if the officer plans to pursue one or more avenues of relief (pardon by the governor or by motion to revoke or revise sentence if the Massachusetts conviction is less than 60 days old); 100 permanent reassignment, to a position not requiring use of a firearm; or, discipline/discharge; as long as the department had a written or long-standing policy of requiring the carrying of a firearm. 101 The issue of a disqualification under Massachusetts law from securing a License to Carry firearms is more difficult. The provisions of M.G.L. c. 41, §98 allow a chief to authorize officers to carry weapons without the need of a License. Unless a department has a rule, or at least a practice, of requiring all officers to be licensed, it may be difficult for a chief to proceed in this area. Departments without a rule or practice should relieve an officer from duty with pay and notify the union of a proposed new rule. Upon reaching agreement or impasse, the rule may be implemented. Should an officer be discharged because of his/her inability to carry a firearm, and he/she challenges the discharge, the courts would evaluate whether the ability to possess a firearm is rationally related to the person’s fitness and ability to be a police oficer. 102 Most likely, the requirement would satisfy the rational relationship test and the discharge would be upheld. Decisions about the nature and level of services that a public employer provides lie within the exclusive prerogative of management, and are not mandatory subjects of bargaining. 103 The City of Boston’s decision to implement a less lethal force policy requiring certain unit members to use beanbag shotguns and super-sock ammunition was clearly a managerial prerogative because it implicated the nature of the services that the City’s Police Department provided, 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
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Appointments 7-7 union requests bar
Page 72 and 73: CHAPTER 8 - BARGAINING UNIT WORK A
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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
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APPENDIX A-10 CONSENT I agree that
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APPENDIX A-12 to maintai
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