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Minimum Staffing 15-5 1 Chapter 594 of the Acts of 1979; amended by Chapter 726 of the Acts of 1985 2 Chelsea Firefighters Union v. Receiver for the City of Chelsea, 1992 Superior Court Decision. See also, Town of Bilerica v. International As’n of Firefighters, Local 1495 415 mass. 692, 615 N.E.2d 564, 144 BNA LRRM 2513(1993) 3 City of Newton, 4 MLC 1282 (1977); Town of Bridgewater, 12 MLC 1612 (1986). 4 City of Boston, 18 MLC 1335 (1992) 5 Town of Halifax, 19 MLC 1560 (1992) 6 Local 1652, IAFF v. Town of Framingham, 442 Mass. 463, 813 N. E. 2d 543 (2004). 7 School Comm. of Hanover v. Hanover Teachers As’n, 435 Mass. 736, 740 (2002). 8 Id., citing Plymouth Carver Regional Schol Dist. v. J. Farmer & Co., 407 Mass. 1006, 1007 (1990) (internal quotations omitted). 9 School Comm. of Hanover, 435 Mass. at 740. 10 Lynn v. Labor Relations Commission, 43 Mass.App.Ct. 172, 178 (1997). 11 Billerica, 415 Mass. at 694. 12 Boston v. Boston Police Superior Officers Federations, 29 Mass.App.Ct. 907, 908 (1990). 13 SeeBoston v. Boston Police Patrolmen’s Asoc., Inc., 403 Mass. 680, 684 (1989) (decision regarding number officers assigned to cruisers is nondelegable). 14 Billerica, 415 Mass. at 694-695, citing Boston Teachers Union, Local 66 v. School Comm. of Boston, 386 Mass. 197, 212 (1982). 15 Id. At 695. 16 Id. At 694-695. 17 Saugus v. Newbury, 15 Mass.App.Ct. 611, 613 (1983). 18 See also, Melrose and Melrose Firefighters Union, Local 1627, 22 MLC 1209, 1218-1219 (1995). 19 Local 2071, International Association of Firefighters v. Town of Bellingham, 18 Mass.L.Rptr. 697, 2005 WL 350962 (Mass.Super.) (2005) Massachusetts Municipal Police Training Committee
CHAPTER 16 - BENEFITS, COMPENSATION AND LEAVES § 1 WAGES Wages are, of course, a mandatory subject of bargaining. 1 Establishing entry-level wages is also a mandatory subject of bargaining given that wages are earned after an applicant becomes an employee and a member of a bargaining unit. 2 Thus, an employer may not unilaterally decrease or increase the entry-level wage of a bargaining unit position without giving the bargaining unit notice and an opportunity to bargain. 3 Further, an employer must comply with applicable minimum wage laws. 4 Changing the payment schedule from weekly to monthly without providing the union with notice and opportunity to bargain was a violation of Section 10(a)(5). 5 A parity clause is a provision in a collective bargaining agreement that directly links the wages and/or benefits of one bargaining unit to those of another bargaining unit. 6 Such clauses violate Section 10(a)(5) of the Law. 7 However, if the provision is worded such that it wil apply only “to the extent permited by law,” it wil not be enforceable and, therefore, it will not violate the collective bargaining law. 8 Other types of compensation, such as pensions, 9 severance pay, insurance (health 10 or life), and educational incentives, 11 also qualify as “wages” for colective bargaining purposes, and thus are mandatory subjects of bargaining. The terms of employment, upon reinstatement after disability may be governed by a collective bargaining agreement. The statute providing for a public employee’s return to “the position from which he retired or a similar position within the same department,” after the employee has taken disability retirement, does not entitle the employee to the same pay grade or level of seniority that he may have had at the time of the disability retirement. § 2 MEAL AND COFFEE BREAKS The Fair Labor Standards Act (FLSA) 12 requires that employees be compensated for all hours worked. Thus, rest periods, such as coffee or snack breaks, require compensation. If employees are completely relieved 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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Sick and Injury Leave Rules 10-2 Wh
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Page 96 and 97: Sick and Injury Leave Rules 10-8 Up
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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 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
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Page 172 and 173: APPENDIX A-10 CONSENT I agree that
Page 174 and 175: APPENDIX A-12 to maintai
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