Management Rights - AELE's Home Page
Management Rights - AELE's Home Page
Management Rights - AELE's Home Page
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Workplace Rules and Practices 13-19<br />
are a mandatory subject of bargaining. 126 Furthermore, procedures for<br />
promotions affect an employee's condition of employment to a significant<br />
degree and are a mandatory subject of bargaining. 127<br />
In Lowell, the City's domestic violence policy contained new procedures<br />
and duties for reporting involvement in domestic violence, which were<br />
mandatory for the members of the bargaining unit. In addition, members<br />
of the bargaining unit who had committed or threatened to commit<br />
domestic violence would be disciplined for their acts. Moreover, under the<br />
policy, acts of domestic violence could be considered in promoting and<br />
making other work-related determination about members of the<br />
bargaining unit. Accordingly, the LRC concluded this domestic violence<br />
policy was a mandatory subject of bargaining.<br />
§ 16 RADIO PROCEDURES<br />
Section 6 of the Law requires a public employer and employee<br />
organization to negotiate in good faith with respect to wages, hours,<br />
standards of productivity and performance, and any other terms and<br />
conditions of employment. 128 According to the 2002 LRC case of Town of<br />
Andover, the radio procedure implemented by the Town was a mandatory<br />
subject of bargaining because it established standards of performance for<br />
patrol officers that were required as a condition of continued<br />
employment. 129 Therefore, the Town was obligated under the Law to give<br />
the Union notice and an opportunity to bargain before implementing the<br />
radio procedure. Because the Town refused to bargain over the radio<br />
procedure on demand by the Union, the LRC found that the Town violated<br />
the Law by unilaterally implementing a new radio procedure and by<br />
refusing to bargain on demand over a mandatory subject of bargaining.<br />
§ 17 PERSONAL CELL PHONES<br />
The Sheriff had the right to promulgate a rule banning personal cell<br />
phones on duty, even without providing the union with any opportunity to<br />
bargain over the decision or the impact of such new rule. 130 The<br />
Commission found that any interest the jail officers may have in carrying<br />
a personal cel phone on duty is outweighed the employer’s interest in<br />
maintaining public safety by ensuring that the jail officers are performing<br />
the necessary functions of providing care, custody and control of the jails<br />
inmates in a safe and attentive manner.<br />
Massachusetts Municipal Police Training Committee