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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