Management Rights - AELE's Home Page

More documents

Recommendations

Info

Benefits, Compensation and Leaves 16-4 provider or otherwise, and can mandate that the employee obtain a second opinion if the employer has reason to doubt the justification for the leave. Moreover, an employer may require that the employee utilize accrued vacation, personal, or sick leave for any part of the twelve-week period, and may require 30-days’ notice if the medical leave is foreseeable (e.g., in the case of childbirth). The FMLA requires that the twelve weeks be consecutive, unless the employer agrees to an alternate arrangement. Upon returning to work, an employee is entitled to the same position held before the leave or a position equivalent to the previous position with equivalent benefits, pay and other terms and conditions of employment. 36 However, benefits or seniority need not accrue during the leave. 37 § 5 TAKE-HOME VEHICLES The LRC has determined that the convenience and commuting cost savings resulting from a free take-home vehicle constitutes a mandatory subject of bargaining. 38 In its 1998 decision involving the Boston Police Department, the Commission ruled that the City violated the Law by discontinuing the practice of assigning district sergeant detectives take-home vehicles without first giving the union notice and an opportunity to bargain in good faith to resolution or impasse. 39 Even though the written policies since 1997 had stated that such vehicles required the Commissioner’s express authorization, he/she had never exercised it. The employer may not begin to utilize its discretion, having never done so before, without giving the union notice and the opportunity to bargain. 40 § 6 RECRUIT ACADEMY FEES A 2002 decision involving the Town of Ludlow held that the Town failed to bargain in good faith by unilaterally implementing a requirement that new police officers either sign an agreement promising to remain on the Town's police force for five (5) years or reimburse the Town for the cost of their police academy training without giving the Union prior notice and an opportunity to bargain to resolution or impasse. In mid-1995, the legislature enacted and the Governor approved Section 305 of Chapter 38 of the Acts of 1995 (Section 305) that provides: Section 305. Notwithstanding the provisions of any general or special law to the contrary, the criminal justice training council is hereby authorized and directed to charge one thousand Commonwealth of Massachusetts
Benefits, Compensation and Leaves 16-5 eight hundred dollars per recruit for training programs operated by the council for recruits of municipal police departments who began training on or after July first, nineteen hundred and ninety-five. The state comptroller is hereby authorized and directed to transfer one thousand eight hundred dollars multiplied by the number of such recruits from each municipality from the local aid payments of the municipality in which said recruit shall serve. Said transfers shall be made in the fiscal quarter immediately following the completion of training. The state comptroller shall certify all such transfers to the house and senate committees on ways and means no later than thirty days after completion of said transfer. Upon completion of training, said training fee shall be deducted from the recruit's wages in eighteen equal monthly installments or as otherwise negotiated. Section 71 of Chapter 120 of the Acts of 1995 amended Section 305 by striking out, in line 4, the word "operated" and inserting in place thereof the word "approved". After the enactment of Section 305, the Town prepared and gave to all newly-appointed student officers a "Recruit Training Fee Agreement, Conditional Waiver Provision" (fee waiver agreement) for their signature. This fee waiver agreement between the Town and the individual employee provides that the Town will assume and be responsible for the $1,800.00 municipal police recruit training academy fee authorized by Section 305, provided that the student officer remains in the Town's employ for five (5) years after completing the academy training. The fee agreement further provides that if the police officer leaves the Town's employ within five (5) years after the training, the police officer will reimburse the Town the full sum of $1,800.00 that the Town may deduct from any severance monies due the officer at the completion of Town employment. If the officer's severance monies are insufficient to cover the total amount due, the officer will be individually responsible for the balance. 41 The Town did not notify the Union of the fee waiver agreement before giving it to the officers for their signature in March 1996, August 1997, and June 1998. Prior to the enactment of Section 305 in mid-1995, there was no statute that imposed an $1,800.00 police academy training fee that was deducted from the Town's local aid payments. Moreover, prior to the enactment of Section 305, no statute stated that: "[u]pon completion of training, said training fee [$1,800.00] shall be deducted from the Massachusetts Municipal Police Training Committee
Page 2 and 3:
PREFACE Municipal officials and dep
Page 4 and 5:
INTRODUCTION Public safety unions h
Page 6 and 7:
Table of Contents ii § 2 Entry-Lev
Page 8 and 9:
Table of Contents iv § 8 Other Ben
Page 10 and 11:
Management Rights 1-2 management ri
Page 12 and 13:
Management Rights 1-4 organized pub
Page 14 and 15:
Management Rights 1-6 arbitrate a d
Page 16 and 17:
CHAPTER 2 - SCOPE OF ARBITRATION Mu
Page 18 and 19:
Scope of Arbitration 2-3 There are
Page 20 and 21:
Scope of Arbitration 2-5 Northborou
Page 22 and 23:
Scope of Arbitration 2-7 DiSciulo
Page 24 and 25:
Scope of Arbitration 2-9 leniency o
Page 26 and 27:
Scope of Arbitration 2-11 20 Masach
Page 28 and 29:
Subjects of Bargaining 3-2 When a p
Page 30 and 31:
Subjects of Bargaining 3-4 § 2 NON
Page 32 and 33:
Subjects of Bargaining 3-6 each new
Page 34 and 35:
Subjects of Bargaining 3-8 47 Whitm
Page 36 and 37:
CHAPTER 4 - “GOOD FAITH” Both t
Page 38 and 39:
Good Faith 4-3 A. REFUSAL TO NEGOTI
Page 40 and 41:
Good Faith 4-5 When a contract is i
Page 42 and 43:
Good Faith 4-7 assignments an inher
Page 44 and 45:
Good Faith 4-9 A union's obligation
Page 46 and 47:
Good Faith 4-11 employees' terms an
Page 48 and 49:
Good Faith 4-13 3) Contractual Waiv
Page 50 and 51:
Good Faith 4-15 impasse is reached
Page 52 and 53:
Good Faith 4-17 1 Harwich School Co
Page 54 and 55:
Good Faith 4-19 59 Commonwealth of
Page 56 and 57:
Assignment 5-2 Despite the fact tha
Page 58 and 59:
Assignment 5-4 condition of re-issu
Page 60 and 61:
CHAPTER 6 - PROMOTIONS The promotio
Page 62 and 63:
Promotions 6-3 list is due to expir
Page 64 and 65:
CHAPTER 7 - APPOINTMENTS The appoin
Page 66 and 67:
Appointments 7-3 providing the unio
Page 68 and 69:
Appointments 7-5 entry-level wage o
Page 70 and 71:
Appointments 7-7 union requests bar
Page 72 and 73:
CHAPTER 8 - BARGAINING UNIT WORK A
Page 74 and 75:
Bargaining Unit Work 8-3 private se
Page 76 and 77:
Bargaining Unit Work 8-5 § 1 REMED
Page 78 and 79:
Bargaining Unit Work 8-7 2) Absence
Page 80 and 81:
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 §
Page 94 and 95:
Sick and Injury Leave Rules 10-6 wh
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 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
show all

Management Rights - AELE's Home Page

Create successful ePaper yourself

Delete template?

Save as template?