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Management Rights 1-4 organized public employees) an unfair advantage in their attempt to influence public policy. In the public sector employees already have, as citizens, a voice in decision making through customary political channels. The purpose of collective bargaining is to give them, as employees, a larger voice than the ordinary citizen. Therefore, the duty to bargain should extend only to those decisions where the larger voice is appropriate. Summers, Public Employee Bargaining: A Political Perspective, 83 Yale L.J. 1156, 1193 (1970). This special access to governmental decisions is appropriate only when those decisions directly affect terms and conditions of employment. The Supreme Judicial Court's 1979 decision involving the Boston School Committee echoed the LRC's analysis. 4 The court quoted from Clark, The Scope of the Duty to Bargain in Public Employment in Labor Relations Law in the Public Sector at 82-83 (A. Knapp, Ed. 1977) as follows: "Public policy" . . . may limit the ability of a public employer . . . to bind itself to a given contractual provision or to delegate to an arbitrator the power to bind it. The court went on to explain its rationale: Underlying this development is the belief that unless the bargaining relationship is carefully regulated, giving public employees a collective power to negotiate labor contracts poses the substantial danger of distorting the normal political process for patrolling public policy." Citing Welling & Winter, The Limits of Collective Bargaining in Public Employment, 78 Yale L.J. 1107 (1969). In a decision in which the SJC ruled that the abolition of the position of supervisor of music was committed to the exclusive, nondelegable decision of the school committee and thus the issue of the propriety of abolition should not have been submitted to the arbitrator, the court quoted with approval the following from a New York school district case: Commonwealth of Massachusetts
Management Rights 1-5 Public policy, whether derived from, and whether explicit or implicit in statute or decisional law, or in neither, may . . . restrict the freedom to arbitrate. Susquehanna Valley Cent. School District at Conklin v. Susquehanna Valley Teachers Ass'n, 37 N.Y.2d 616-617, 376 N.Y.S.2d 427, 429, 339 N.E.2d 132, 133 (1975). 5 The Massachusetts courts have made it clear that -- even if agreement is reached and a provision is included in a contract -- there are certain matters of inherent managerial prerogative which cannot be bargained away. Therefore, a municipal employer is not bound by such provisions, even if they are inserted by agreement in a collective bargaining agreement. For example, in a case involving the Ayer Police Department, the appeals Court found that the decision to appoint police officers was a non-delegable managerial prerogative. 6 There the contract required that the Selectmen reappoint police officers unless there was just cause found for not doing so. The court overturned the arbitration decision and stated: We need not decide whether the parties agreed to submit the question of [the police officer's reappointment] to arbitration . . . because, even if they did so agree, [the Board] would not be bound by an agreement to arbitrate its [reappointment] decision. Arguing that the Appeals Court holding in Ayer should be limited to departments organized under G.L. c. 41, § 96, a challenge was made concerning the actions of the Northborough Board of Selectmen (where G.L. c. 41, § 97A -- the “strong chief law” -- applied) to the Supreme Judicial Court. 7 There the Board voted not to reappoint an officer (union president) at the expiration of his term of appointment. The court found no logic for any distinction focusing on the statutory basis under which a department is organized. It reiterated the reasoning of the Ayer decision and stated: A town may not by agreement abandon a nondelegable right of management. Billerica v. International Ass'n of Firefighters, Local 1495, 415 Mass. 692, 694 (1993). Therefore, even if the arbitration clause in the present case could be interpreted to grant an arbitrator the right to decide whether a police officer is entitled to reappointment, such an agreement would be unlawful and unenforceable. "[A]n agreement to Massachusetts Municipal Police Training Committee
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 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
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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
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CHAPTER 8 - BARGAINING UNIT WORK A
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Bargaining Unit Work 8-3 private se
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Bargaining Unit Work 8-5 § 1 REMED
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Bargaining Unit Work 8-7 2) Absence
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Bargaining Unit Work 8-9 33 Safeway
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Reorganization 9-2 the work is supe
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Reorganization 9-4 bargaining unit
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Reorganization 9-6 If the union dem
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Reorganization 9-8 41 See Commonwea
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Sick and Injury Leave Rules 10-2 Wh
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Sick and Injury Leave Rules 10-4 §
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Sick and Injury Leave Rules 10-6 wh
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Sick and Injury Leave Rules 10-8 Up
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Sick and Injury Leave Rules 10-10 P
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Sick and Injury Leave Rules 10-12 1
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Light Duty 11-2 leave if they are c
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Light Duty 11-4 § 2 INJURED ON DUT
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Light Duty 11-6 1 Votour v. City of
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Defibrillators 12-2 they affect gre
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CHAPTER 13 - WORKPLACE RULES AND PR
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Workplace Rules and Practices 13-3
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Changing Schedules 14-2 § 1 CONTRA
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Changing Schedules 14-4 legitimate
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CHAPTER 15 - MINIMUM STAFFING The n
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Minimum Staffing 15-3 that “a min
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Minimum Staffing 15-5 1 Chapter 594
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Benefits, Compensation and Leaves 1
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Employee Performance 17-2 The emplo
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Employee Performance 17-4 compellin
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Employee Performance 17-6 37 See se
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APPENDIX A-2 SAMPLE NOTICE FORM (OP
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APPENDIX A-4 SAMPLE NOTICE FORM (OP
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APPENDIX A-6 SAMPLE FORM 5 SAMPLE D
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APPENDIX A-8 6. The employee to be
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APPENDIX A-10 CONSENT I agree that
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APPENDIX A-12 to maintai
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