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Workplace Rules and Practices 13-23 110 Abington School Committee, 21 MLC 1630 (1995). 111 Town of Lexington, 22 MLC 1676 (1996). 112 Commonwealth of Massachusetts/Commission of Administration and Finance, 24 MLC 17 (1997). 113 North Middlesex Regional School District Committee, 24 MLC 42 (1997). 114 Harris-Teeter Super Markets, 293 NLRB 743, 131 LRRM 1296 (1989). 115 Dracut School Committee, 29 MLC 1013 (H.O. 1993); City of Boston, 25 MLC 76 (H.O. 1998). 116 City of Boston, 25 MLC 76 (1998). 117 Town of Natick, 28 MLC 85 (2001). 118 Town of Dennis¸12 MLC 1027 (1985). 119 See School Committee of Newton v. Labor Relations Commission, 388 Mass. 554 (1983); Commonwealth of Massachusetts, 25 MLC 201 (1999). 120 City of Medford, 30 MLC 34 (2003). 121 City of Lowell, 28 MLC 126 (2001). 122 City of Peabody, 9 MLC 1447, 1452 (1982). 123 Commonwealth of Massachusetts, Case No. SUP-4345 (Slip Op. June 29, 2001); City of Peabody, 9 MLC at 1452; Johnson Bateman Co., 295 NLRB 180, 183, 131 LRRM 1393, 1397 (1989); Town of Danvers, 3 MLC 1559, 1574 (1977). 124 City of Peabody, 9 MLC at 1452. 125 Commonwealth of Massachusetts, Case No. SUP-4345 (Slip Op. June 29,2001); Commonwealth of Massachusetts, 27 MLC 70, 72 (2000); Town of East Longmeadow, 25 MLC 128,129 (1999). 126 Johnson Bateman Co., 295 NLRB at 183. 127 Town of Danvers, 3 MLC at 1574. 128 M.G.L. c.150E, §6; Lowell School Committee, 23 MLC 216 (1997), aff'd sub nom. School Committee of Lowell v. Labor Relations Commission, 46 Mass. App. Ct. 921, (1999). 129 Town of Andover, 28 MLC 264 (2002); see City of Lowell, 28 MLC 126 [Case No. MUP-2299 (Slip. Op. October 10, 2001)]; see also City of Fall River, 20 MLC 1352, 1358 (1994). 130 Sufolk County Sherif’s Department, 29 MLC 63 (2002). Massachusetts Municipal Police Training Committee
CHAPTER 14 - CHANGING SCHEDULES The working hours of bargaining unit members have been held to constitute a mandatory subject bargaining. 1 In the absence of any restriction in the collective bargaining agreement, a municipal employer may change employees' schedules to enhance coverage or in an effort to reduce overtime costs. Even where no contractual constraints are present, the employer must provide advance notice to the union of the intention to change the schedule and, if requested, bargain in good faith to either agreement or impasse over the impact of such change on mandatory subjects of bargaining. In municipal public safety departments which operate on a 24 hour per day, 7 day a week basis, traditionally there has not been the same pressure to reduce overtime by avoiding assigning employees to night or weekend shifts as there is in the case of many private employers. However, as the inclusion of night and weekend differential clauses in contracts increases, the pressure may mount on chiefs to consider such extra costs in determining scheduling and in making vacancy replacement decisions. Holiday pay is another area which might receive consideration for schedule adjustment. Many police and fire contracts pay every employee eleven extra days' pay -- generally at straight time -- in lieu of computing holiday pay for those who actually work on the legal holiday. There would be little benefit to adjust holiday schedules in such cases. However, where holiday pay (often at premium and even double time rates) is tied to actual work on a holiday, savings may result if a skeleton crew is assigned to holidays. In addition to the economic justification, there is a strong public policy favoring the avoidance of overtime pay. In fact, the purpose of premium pay is to discourage the scheduling of overtime as much as possible. The Fair Labor Standards Act is specifically intended to encourage the hiring of additional employees rather than overworking current employees by making it expensive for an employer which schedules employees outside of their normal work week. Since private employers, in an effort to reduce expenses and increase profits, have attempted to rearrange schedules to avoid overtime, many of the arbitration decisions in this regard involve non-municipal employers. Commonwealth of Massachusetts
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PREFACE Municipal officials and dep
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INTRODUCTION Public safety unions h
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Table of Contents ii § 2 Entry-Lev
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Table of Contents iv § 8 Other Ben
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Management Rights 1-2 management ri
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Management Rights 1-4 organized pub
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Management Rights 1-6 arbitrate a d
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CHAPTER 2 - SCOPE OF ARBITRATION Mu
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Scope of Arbitration 2-3 There are
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Scope of Arbitration 2-5 Northborou
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Scope of Arbitration 2-7 DiSciulo
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Scope of Arbitration 2-9 leniency o
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Scope of Arbitration 2-11 20 Masach
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Subjects of Bargaining 3-2 When a p
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Subjects of Bargaining 3-4 § 2 NON
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Subjects of Bargaining 3-6 each new
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Subjects of Bargaining 3-8 47 Whitm
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CHAPTER 4 - “GOOD FAITH” Both t
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Good Faith 4-3 A. REFUSAL TO NEGOTI
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Good Faith 4-5 When a contract is i
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Good Faith 4-7 assignments an inher
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Good Faith 4-9 A union's obligation
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Good Faith 4-11 employees' terms an
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Good Faith 4-13 3) Contractual Waiv
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Good Faith 4-15 impasse is reached
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Good Faith 4-17 1 Harwich School Co
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Good Faith 4-19 59 Commonwealth of
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Assignment 5-2 Despite the fact tha
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Assignment 5-4 condition of re-issu
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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
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 §
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Page 96 and 97: Sick and Injury Leave Rules 10-8 Up
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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
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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
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