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Changing Schedules 14-4 legitimate external economic considerations and was not a manipulation of schedules merely to avoid overtime. 14 § 4 HOLIDAY SCHEDULES The LRC, in its 1981 decision in the City of Springfield case, addressed the City's obligation to bargain in good faith over a change in its practice of paying overtime for a holiday. 15 In this case the collective bargaining agreement with the Massachusetts Nursing Association, which "expired" on June 30, 1979, provided for 11 specified paid holidays and called for overtime pay, in addition to a regular day's pay, for nurses required to work on a holiday. Without conferring with the Association, the City issued a memorandum to department heads advising them that the Mayor "has indicated that October 1, 1979 will be a paid holiday." The state had recently voted to declare October 1, 1979 as a Papal Holiday, in honor of the Pope's visit to Boston. When the City later failed to pay the extra compensation to nurses who worked the "holiday", the LRC found that the City's conduct constituted a refusal to bargain in good faith. Rather than order the extra compensation as the Association requested, the Commission simply ordered the City to cease and desist from failing or refusing to bargain in good faith with the Association over compensation for unit members who worked on October 1, 1979 in reliance upon the September 28, 1979 memorandum from the Mayor. In another LRC decision which involved the granting of half day holidays on the day preceding Thanksgiving and Christmas, the Hearing Officer dismissed a complaint alleging a unilateral change in a past practice. 16 The union contended there were no prerequisites to early release, while the School Committee stated that they were contingent upon the successful completion of work assignments. The Hearing Officer found the union's position "questionable and unrealistic" and ruled in the School Committee's favor. Commonwealth of Massachusetts
Changing Schedules 14-5 1 Medford School Committee, 1 MLC 1250 (1975) 2 Georgia-Pacific Corp., 71 LA 1256, 1259 (Howell 1978); see also FMC Corp., 85 LA 18, 20 (Karlins 1985); Dresser Industries, 66 LA 1201 (Mills 1976); Scott Paper Co., 48 LA 591 (Williams 1967); Ideal Corrugated Box Co., 46 LA 129 (Hayes 1965); Universal Food Corp., 44 LA 226 (Hebert 1965); U.S. Steel Corp., 41 LA 1051, 1052 (Mittenthal 1963); United States Pipe & Foundry Co., 28 LA 467 (Hepburn 1957); Wasau Iron Works, 22 LA 473, 475 (Slavney 1954) 3 Mississippi Aluminum Co., 27 LA 625 (Reynard 1956); Robertshaw-Fulton Controls Co., 21 LA 436 (Wolff 1953); Armstrong Rubber Co., 17 LA 463 (Conn. Bd. of Med. and Arb. 1951) 4 Stanley Works, 39 LA 375 (Summers 1962) 5 Collingwood General and Marine Hospital, 82 LA 1073, 1075 (Adams 1984); United Carbon Co., 39 LA 311 (Hale 1962); Aro, Inc., 34 LA 254 (Tatum 1960) 6 Kroger Co., 36 LA 129 (Updegraff 1960); St. Regis Paper Co., 51 LA 1102, 1110 (Solomon 1968); Traylor Engineering and Manufacturing, 36 LA 687 (Crawford 1961); City of Highland Park, 76 LA 811 (McDonald 1981) 7 Kimberly-Clark Corp., 42 LA 983 (Sembower 1964) 8 Pacific Towboat & Salvage Co., 82-2 ARB § 8554 (Rule 1982) 9 Hopwood Foods, Inc., 73 LA 418 (Leahy 1979) 10 Ohio Corrugating Co., 77-1 ARB § 8294 (Dworkin 1974) 11 General Precision, Inc. 42 LA 589, 593 (Roberts 1963) 12 Witco Chemical Co., 30 LA 901 (Whitney 1958) 13 General Precision, Inc., supra. 14 Stanley Works, 39 LA 374, 377 (Summers 1962) 15 City of Springfield, 7 MLC 1832 (1981) 16 Dedham School Committee, 5 MLRR 1179 (1979) Massachusetts Municipal Police Training Committee
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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
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Reorganization 9-2 the work is supe
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Reorganization 9-4 bargaining unit
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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
Page 98 and 99: Sick and Injury Leave Rules 10-10 P
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
Page 106 and 107: Light Duty 11-6 1 Votour v. City of
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 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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