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Workplace Rules and Practices 13-18
The City of Medford did not change its shift swapping procedures when
the fire Chief instructed a Captain and Lieutenant to stop their weekly
arrangement to create 24-hour schedules. 120 The Chief’s concerns about
the two individual’s “weekly deal” did not afect the shift swapping practice
for the other bargaining members, but only addressed his concerns that
an individual bargaining unit member was abusing the shift swapping
practice.
§ 15 DOMESTIC VIOLENCE POLICY
The adoption of a new or revised policy on domestic violence will require
notice to the union and, if requested, good faith bargaining to impasse or
agreement. In a 2001 decision involving the Lowell Police Department, the
LRC concluded that the City's domestic violence policy was a mandatory
subject of bargaining. 121
In the Lowell case, the issue was whether the City unilaterally
implemented a domestic violence policy for bargaining unit members,
without providing the Union with prior notice and an opportunity to
bargain to resolution or impasse.
It was undisputed that, prior to September 29, 1998, there were no
policies pertaining to domestic violence. Although the City had a reporting
requirement for any police officer who had been arrested, named as a
defendant in a criminal matter or was the subject of a criminal complaint
application, the evidence demonstrated an absence of a domestic violence
policy or practice. Further, unilaterally implementing a policy that
represents a change in working conditions constitutes a mandatory
subject of bargaining. 122 The City implemented the domestic violence
policy without providing notice to the Union and an opportunity to bargain
to resolution or impasse. Therefore, all three elements of the Commission's
unilateral change analysis were satisfied.
The City argued that the domestic violence policy did not constitute a
change in working conditions and did not have to be bargained with the
Union. On the basis of the record before the Commission, it determined
that the City's domestic violence policy, which sets out a reporting
requirement for the bargaining unit members, details the disciplinary
penalty, and specifies that this policy can be considered in making
determinations of promotions, constituted a mandatory subject of
bargaining. 123 It is well established that an employer may not impose a
work rule that affects the terms and conditions of employment without
bargaining with the union. 124 Moreover, any change in the employees' job
duties is a mandatory subject of bargaining. 125 In addition, policies that
provide for the discipline and/or discharge of employees who violate them
Commonwealth of Massachusetts