Management Rights - AELE's Home Page

More documents

Recommendations

Info

Workplace Rules and Practices 13-15 including how the City chose to deploy its law enforcement resources. 104 The City made the policy decision that in certain situations involving individuals that were armed with an edged weapon, its police officers should have the option of using a weapon and ammunition that administered a type of force that fell somewhere between lethal force and non-lethal force on the force continuum. Although the City’s decision to have certain unit members use the specialized shotguns and ammunition as part of the less lethal force policy was excepted from the statutory bargaining obligation, the City was nevertheless required to negotiate over the impacts of that core governmental decision on mandatory subjects of bargaining prior to implementation. 105 The issue was whether the City failed to bargain in good faith by requiring certain unit members to use beanbag shotguns and supersock ammunition as part of a less–lethal force policy without giving the union an opportunity to bargain to resolution or impasse over the impacts of that decision on the terms and conditions of employment of unit members. The Commission previously decided that an increase or change in employees’ job duties, compulsory training, and workload are mandatory subjects of bargaining. 106 Here, as a result of the City’s decision to deploy the beanbag shotgun and supersock rounds as part of a less lethal force policy, the City required patrol supervisors, who were bargaining unit members, to undergo mandatory training four times per year. Further, thepatrol supervisor’s job duties had changed because they were now responsible for deciding whether the beanbag shotgun should be deployed at a particular incident scene and for actually firing the weapon. Finally, the workload of the district lieutenants who were also bargaining unit members increased because the district lieutenants became responsible for securing the weapon between shifts and conducting weekly inspections of the weapons and the ammunition. Having decided that the City had an obligation to bargain with the union over the impacts of the specialized shotgun and ammunition on the terms and conditions of employment of unit members, the only remaining issue was whether the parties bargained to impasse. § 10 OFF-DUTY EMPLOYMENT A municipality has the right to regulate the off-duty employment of law enforcement officers. The emergency nature of law enforcement, the need to ensure that officers report for duty in good physical and mental condition, and the need to avoid conflicts of interest, all combine to justify a department’s regulation (or even prohibition) of of-duty employment. 107 The Supreme Judicial Court has held that while the opportunity to earn a living is certainly fundamental in our society, “it is an equaly basic axiom that there is no right to public employment.” 108 Thus, a police department may restrict outside employment as a condition of employment for police Massachusetts Municipal Police Training Committee
Workplace Rules and Practices 13-16 oficers. Similarly, oficers may also lawfuly be required to seek the chief’s approval prior to obtaining outside employment. 109 § 11 NON-SMOKING RULE In its 1995 decision in Abington School Committee, the Labor Relations Commission first addressed the issue of a public employer’s ability to ban smoking in the workplace. 110 The Commission ruled that the decision to prohibit smoking did not result from any overriding interest or educational policy concern. It therefore atempted to balance the employees’ interest in bargaining over workplace smoking policies with the employer’s interest in creating a smoke-free working environment. The Commission ruled that the employer could not unilaterally impose such a ban. It noted, however, that there might be cases where the employer’s interest in prohibiting smoking is so intertwined with its mission that no bargaining would be required. In a 1996 case involving the Lexington Police Department, the Commission held that absent evidence that smoking in police vehicles poses a direct public health hazard, there was no managerial prerogative that overrode the union’s interest in bargaining. 111 A 1997 case involving employees at the Springfield Long Term Care Unit in the Division of Medical Assistance required notice and the opportunity to bargain before the state could abolish a smoking lounge. 112 During renovations, the smoking lounge was converted to a supply/fax/mail room. Although the state offered evidence at the hearing of the dangers of second hand smoke, it did not take this into account in deciding to abolish the smoking lounge. As a remedy, the state was ordered to restore a smoking area and to negotiate to agreement or impasse before implementing smoking restrictions that are not necessary to protect the health and welfare of the public. § 12 VACATIONS In a 1997 decision, the LRC upheld its deferral to arbitration in a case involving a charge that a school district unilaterally changed its vacation policy. 113 An arbitrator found that the collective bargaining agreement was silent as to whether the School Committee could unilaterally change the school calendar. The management rights clause provided that the Committee retained all rights except those modified by the terms of the contract. The Commission dismissed the union’s charge that the employer violated the Law by unilaterally changing the vacation schedule without offering the union an opportunity to bargain. Commonwealth of Massachusetts
Page 2 and 3:
PREFACE Municipal officials and dep
Page 4 and 5:
INTRODUCTION Public safety unions h
Page 6 and 7:
Table of Contents ii § 2 Entry-Lev
Page 8 and 9:
Table of Contents iv § 8 Other Ben
Page 10 and 11:
Management Rights 1-2 management ri
Page 12 and 13:
Management Rights 1-4 organized pub
Page 14 and 15:
Management Rights 1-6 arbitrate a d
Page 16 and 17:
CHAPTER 2 - SCOPE OF ARBITRATION Mu
Page 18 and 19:
Scope of Arbitration 2-3 There are
Page 20 and 21:
Scope of Arbitration 2-5 Northborou
Page 22 and 23:
Scope of Arbitration 2-7 DiSciulo
Page 24 and 25:
Scope of Arbitration 2-9 leniency o
Page 26 and 27:
Scope of Arbitration 2-11 20 Masach
Page 28 and 29:
Subjects of Bargaining 3-2 When a p
Page 30 and 31:
Subjects of Bargaining 3-4 § 2 NON
Page 32 and 33:
Subjects of Bargaining 3-6 each new
Page 34 and 35:
Subjects of Bargaining 3-8 47 Whitm
Page 36 and 37:
CHAPTER 4 - “GOOD FAITH” Both t
Page 38 and 39:
Good Faith 4-3 A. REFUSAL TO NEGOTI
Page 40 and 41:
Good Faith 4-5 When a contract is i
Page 42 and 43:
Good Faith 4-7 assignments an inher
Page 44 and 45:
Good Faith 4-9 A union's obligation
Page 46 and 47:
Good Faith 4-11 employees' terms an
Page 48 and 49:
Good Faith 4-13 3) Contractual Waiv
Page 50 and 51:
Good Faith 4-15 impasse is reached
Page 52 and 53:
Good Faith 4-17 1 Harwich School Co
Page 54 and 55:
Good Faith 4-19 59 Commonwealth of
Page 56 and 57:
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 108 and 109: Defibrillators 12-2 they affect gre
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
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
Page 170 and 171: APPENDIX A-8 6. The employee to be
Page 172 and 173: APPENDIX A-10 CONSENT I agree that
Page 174 and 175:
APPENDIX A-12 to maintai
show all

Management Rights - AELE's Home Page

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?