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Minimum Staffing 15-3 that “a minimum-staffing requirement in a fire department may involve public safety considerations,” because “such a requirement has a direct effect on the number of people that will be employed and is similar to a job security clause . .” 15 The Court held, however, that although minimum staffing provisions were managerial rights that could be bargained for, they were not enforceable in the second year of the agreement without funding appropriated by the town because such a provision would interfere with a town’s exclusive managerial prerogative to annually determine staff levels and appropriate funding. 16 Similarly, in Saugus v. Newbury, 17 the Appeals Court held that job security clauses are not enforceable for more than one fiscal year, and that a collective bargaining provision that attempts to control a public employer’s ability to determine staffing levels beyond one year intrudes upon an exclusive managerial prerogative. 18 In other words, a minimum staffing provision that is in the nature of a job security provision can be enforced under a collective bargaining agreement during a fiscal year in which funding is appropriated. The 2005 case of Local 2071, International Association of Firefighters v. Town of Bellingham arose out of a labor-management dispute between the Town of Bellingham and a local firefighters union which is the representative of firefighters employed by the Town. 19 The dispute was committed to the Joint Labor-<strong>Management</strong> Commitee (“JLMC”) pursuant to St. 1987, c. 589, § 4A. The JLMC in turn referred the dispute to a panel of arbitrators. The arbitrators made an award consisting of a 3% annual wage increase in favor of the employees and the imposition of a twenty-four hour shift. The Town did not challenge the award of a wage increase, but disputed the validity of the order for the twenty-four hour shift, and has filed a motion in opposition. The Town maintained that the setting of shift schedules is a nonarbitrable issue as it is a “core management right.” The fundamental question before the court was whether the matter of a twenty-four hour work shift as ordered by the arbitrators is equivalent to the assignment of firefighters, a non-arbitrable subject, or is subject to any other explicit exemption under the JMLC law. From the context of the JLMC statute which excludes assignments and transfers of employees from arbitration, the Superior Court Judge noted that it is evident that the Legislature sought to exempt from arbitration any issue directly related to the type of work performed by employees, but not work hours. Thus, based upon the record before the court, the Judge ruled that the issue was arbitrable, and that there is support in the record for the decision by the arbitrators. Massachusetts Municipal Police Training Committee
Minimum Staffing 15-4 NOTE: This case is on appeal. The SJC has agreed to decide it. This is often an indication that it may reverse the trial court’s ruling. PRACTICE POINTERS An employer may refuse to include a minimum staffing clause in any future collective bargaining agreement. The union cannot insist on even discussing the topic, as it is not a mandatory subject of bargaining. The employer can refuse to allow the issue to be included in a reference to an arbitrator in the event the case reaches the JLMC. Where a department is in the midst of a multiyear contract, it is necessary to submit a funding request each year to cover the cost of such clause. However, once the contract expires, this obligation ceases, probably even if there is an “evergreen” clause. Simply because someone must support the funding request does not preclude other town or city officials from opposing it. For example, the Chair of the Finance Committee is not bound to support a request, even if the Town Manager or Selectmen are. 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
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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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Page 110 and 111: CHAPTER 13 - WORKPLACE RULES AND PR
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Page 134 and 135: Changing Schedules 14-2 § 1 CONTRA
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Page 142 and 143: Minimum Staffing 15-5 1 Chapter 594
Page 144 and 145: Benefits, Compensation and Leaves 1
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Page 162 and 163: Employee Performance 17-6 37 See se
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Page 172 and 173: APPENDIX A-10 CONSENT I agree that
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