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Benefits, Compensation and Leaves 16-2 from duty during meal periods (which must be at least thirty minutes long), no payment is required. 13 However, for police officers on extended surveillance activities, any meal periods would be compensable given that they are not completely relieved of duty. 14 As a mandatory federal law, unions may not bargain away employee rights under the FLSA, 15 and an individual employee may not voluntarily waive these rights. 16 A department head may schedule breaks at specific times, even if this changes the manner in which employees previously scheduled their breaks, according to a 1998 Administrative Law Judge’s (ALJ) ruling. 17 This was the case even though the employer implemented the change unilaterally and gave no prior notice to the union. 18 There she found no change in the existing practice that had each department head deciding precisely when breaks would be taken. § 3 HOLIDAYS AND VACATIONS The criteria for granting vacation leave is a mandatory subject of bargaining. 19 If an employer has agreed to certain holidays explicitly in a collective bargaining agreement or implicitly by creating a past practice, an employer may not unilaterally alter the holiday work schedule or compensation. 20 Thus, the decision not to pay teachers for Good Friday contrary to past practice was found to be unlawful by the LRC because it was a mandatory subject of bargaining (and no notice and opportunity to bargain was given.). 21 Similarly, another public employer was found to have violated the Law when it discontinued (without notice and opportunity to bargain) its past practice of allowing officers on injury leave to accumulate vacation credits and holiday pay. 22 The LRC has generally approached vacations in the same manner as holidays. Thus, an employer may not unilaterally change the vacation leave policy. 23 Further, the LRC has stated that an employer may not unilaterally change the manner in which vacation leave is assigned or approved. 24 An employer must provide notice and opportunity to bargain to agreement or impasse before making any changes in the vacation leave policy. 25 § 4 LEAVES OF ABSENCE The LRC generally treats leaves–resulting from injury, sickness, family obligations, meetings, conventions, etc.–in the same manner as vacation or holiday leaves, and requires the employer to bargain prior to changing a Commonwealth of Massachusetts
Benefits, Compensation and Leaves 16-3 past practice or contract provision relative to any leave policy. However, some types of leaves raise special issues which require additional comment. With respect to sick leave, an employer may not unilaterally require an employee to submit to physicals conducted by employer-designated physicians. 26 However, if the employer makes a unilateral change in the sick leave policy in response to anilegal “sick-out” by employees, then its conduct would not violate the Law (even though generally such conduct would be unlawful 27 ). 28 Leave for public safety personnel injuries raises a host of issues under M.G.L. c. 41, § 111F, the “injured on duty” provision. 29 In 1985, the SJC ruled that a city could require an oficer injured on duty to perform “light duty” if so assigned by the chief, even though the oficer was not yet able medically to resume all of his/her prior duties. 30 This case and subsequent LRC decisions have stressed the importance of bargaining with the union to impasse or agreement prior to implementing a new “light duty” policy. 31 With respect to both sick and injury leave, an employer may, without bargaining with the union, institute a new “reporting form” which inquires about the reason for the absence, any medical treatments received, and the ability to perform regular duties. In Town of Wilmington, the LRC upheld a new fire department reporting form, because the new form was “procedural” in nature and imposed no new substantive requirements affecting the amount of leave available, the criteria for granting leave, or any other condition of employment. 32 For both sick and injury leave, a chief may require that an employee receiving benefits as a result of sickness or injury remain in the individual’s residence except for specific department-approved activities outside of the residence. 33 In the Atterbury case, the Boston Police Department required approval for al reasons for leaving one’s home except for voting, doctor’s appointments, purchasing foods or medicines, attending church, physical exercises, or care of minor children. 34 Employers must make available to employees unpaid leave for certain family obligations, including the birth of a child, adoption, foster care, care for sick family members, or personal sickness or injury (not work related), pursuant to the Family and Medical Leave Act (FMLA). 35 The FMLA, a federal law, requires that an employer allow at least twelve consecutive weeks of unpaid leave to any qualifying employee (who worked at least 1250 hours in the prior year) requesting leave for any of the above reasons. The employer may require the employee to provide documentation regarding the reasons for the leave, from a health care 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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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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Page 110 and 111: CHAPTER 13 - WORKPLACE RULES AND PR
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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 146 and 147: 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
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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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