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Benefits, Compensation and Leaves 16-6 recruit's wages in eighteen equal monthly installments or as otherwise negotiated." 42 Prior to March 1996, the Town did not have a procedure or fee waiver agreement in place that waived the training cost assessment if officers remained in the Town's employ for five (5) or more years. A public employer violates the Law when it unilaterally changes an existing condition of employment or implements a new condition of employment involving a mandatory subject of bargaining without first affording its employees' exclusive collective bargaining representative notice and an opportunity to bargain to resolution or impasse. 43 The issue here was whether the Town violated the Law when, in March 1996, the Town began requiring new police officers to either reimburse the Town for the cost of their police academy training or sign an agreement promising to remain on the Town's police force for five (5) years in return for which the Town agreed to waive the police academy training reimbursement. The Town argued that the fee waiver agreement did not involve a mandatory subject of bargaining because Section 305 is not listed in Section 7(d) of the Law, and by offering the police officer and the student officers the choice of either signing a fee waiver agreement or reimbursing the Town in the method provided for in Section 305, it complied fully with the mandates of Section 305 and the Law. The general issue of whether the police academy training cost assessment contained in Section 305 of the Acts of 1995 (Section 305) constitutes a mandatory subject of bargaining was first addressed by the Commission in Town of South Hadley. 44 In that opinion, the Commission decided that a requirement that employees pay the costs of their police academy training is a condition of employment that directly affects employees' wages, and, therefore, a training cost assessment, including the procedures for implementing the assessment, including the procedures for implementing the assessment, is a mandatory subject of bargaining. 45 Further, because Section 305 is not listed in Section 7(d) of the Law, the Commission examined carefully its specific language to determine if a public employer has a duty to bargain under the Law. 46 The Commission concluded that Section 305 identifies only one method for a municipality to recoup the costs of police academy training and does not preclude or alleviate a public employer's statutory obligation to bargain over this training cost assessment, including the procedures for implementing it, with its employees' exclusive representative. 47 The Commission concluded, in accord with its prior decision, that the training cost assessment, including the procedures for implementing it, like a fee waiver agreement, constitute a mandatory subject of bargaining. The Town also contended that it had no obligation to bargain with the Union about the fee waiver agreement because the officers who signed that agreement were, pursuant to M.G.L. c.41, Section 96B, student Commonwealth of Massachusetts
Benefits, Compensation and Leaves 16-7 officers who are specifically exempt from certain statutory protections afforded to police officers, including collective bargaining agreements under the Law. Further, the Town argued that, because the five (5) student officers were not Town employees and bargaining unit members on the dates they signed the fee waiver agreements, the Town had no obligation to bargain about issues that impact persons who are not in the Union's bargaining unit. The Commission disagreed. Section 305 provides in relevant part that: "[u]pon completion of training, said training fee shall be deducted from the recruit's wages in eighteen equal monthly installments or as otherwise negotiated." Therefore, under Section 305, the $1,800.00 training fee is due and payable after the student officer has completed the police academy training or as otherwise negotiated. After the student officers have completed the training, they are no longer student officers, but police officers accorded the full protections under the Law and whose wages and other terms and conditions of continued employment are governed by the parties' collective bargaining agreement. Therefore, the Law required the Town to bargain with the Union about the training cost assessment, including the procedures for implementing it, because the officers were Town police officers and members of the Union's bargaining unit when the training cost assessment attached. 48 Moreover, the fact that student officers signed the fee waiver agreement prior to the date they started working for the Town does not turn the training fee assessment under Section 305, that directly and only affects employee's wages after hire, into a precondition of hire that an applicant must fulfill before beginning work. 49 The Labor Relations Commission stated that its decision in Ludlow did not require it to determine whether the Town required the student officers to sign the fee waiver agreement or whether, as the Town asserted, the Town offered the student officers the choice of either signing the fee waiver agreements or reimbursing the Town in the manner identified in Section 305. Under either scenario, the outcome is the same. The Law requires the Town to give the Union prior notice and an opportunity to bargain over the new training cost assessment, including the procedures for implementing it, like the fee waiver agreement, prior to implementation. § 7 BICYCLE PATROLS The LRC has ruled that the manner in which a municipal employer implements its bicycle patrol program directly affects mandatory subjects of bargaining. 50 These include employees' job duties, workload and safety when responding to calls, use of safety equipment, and work assignments, all of which are mandatory subjects of bargaining. 51 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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Sick and Injury Leave Rules 10-6 wh
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Sick and Injury Leave Rules 10-8 Up
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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 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
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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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