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Benefits, Compensation and Leaves 16-8 An employer must notify the union of a potential change before it is implemented, so that the bargaining representative has an opportunity to present arguments and proposals concerning the physical alternatives. 52 § 8 OTHER BENEFITS The Commission has held that certain amenities provided by an employer at the workplace amount to benefits on which employees may rely as condition of employment and which constitute mandatory subjects of bargaining. Examples include: Providing lockers and the manner in which they may be used; 53 free parking; 54 choice and amount of food available to correction officers; 55 gas allotment policy; 56 and library hours. 57 § 9 BULLET-RESISTANT VESTS The LRC reversed a Hearing Officer and ruled that the Town of Shrewsbury violated the Law by unilaterally implementing a rule that officers must wear bullet-resistant vests for paid details and court appearances. 58 The issue in the Shrewsbury case was whether the Police Department unilaterally changed a condition of employment by the Chief's memorandum requiring all officers to wear bulletproof vests when on duty. On appeal, the Union challenged the Hearing Officer's conclusion that there was no unilateral change and no violation of the Law. The full Commission disagreed with the Hearing Officer's conclusion and held that the Town violated the Law, for the reasons set forth below. A public employer violates the Law when it unilaterally alters a condition of employment involving a mandatory subject of bargaining without first bargaining with the exclusive collective bargaining representative to resolution or impasse. 59 An employer's duty to bargain encompasses working conditions established through custom and practice, as well as those governed by the terms of a collective bargaining agreement. 60 Commonwealth of Massachusetts
Benefits, Compensation and Leaves 16-9 The uncontroverted evidence in this case established that regardless of how officers got their vests, they did not always wear them. Further, the officers who testified never wore their vests, without consequence, prior to the Chief's memorandum. Therefore, the memorandum's requirement that all officers wear their vests at all times constituted a unilateral change in the established practice. The requirement to use safety equipment such as bullet-resistant vests is a mandatory subject of bargaining. 61 Therefore, absent an affirmative defense, the Chief's unilateral change in a mandatory subject of bargaining is a violation of the Law. 62 The Town defended its action by relying on the language of the parties' collective bargaining agreement, and the LRC considered whether the Union waived its right to bargain about the vesting requirement by agreeing to that language. The relevant question therefore was whether the Union knowingly and unequivocally waived its bargaining rights over the requirement that all officers wear the vests at all times. A contract waiver requires evidence that the parties consciously explored and knowingly yielded the right to bargain further about a matter during the life of an agreement. 63 A waiver of the statutory right to bargain over a particular subject cannot be inferred lightly. Rather, it must be "shown clearly, unmistakably, and unequivocally." 64 The contract language on which the Town relied and the parties' bargaining history established that there was no waiver in this case. There was no evidence that either party contemplated that all officers would receive free vests pursuant to the state grant program at the time the provision was negotiated. Evidence of bargaining history establishes that the Union sought to have the Town pay for vests for officers who wanted them, and the Town wanted the officers to wear the vests if the Town was going to pay for them. Furthermore, the evidence established that the Town encouraged the officers to obtain the free vests, and officers expressed concern and were reassured that there would be no "strings attached" if they obtained the vests pursuant to the state grant program. Therefore, the Commission ruled that the Town did not meet its burden of establishing that the Union waived its right to bargain over the mandatory use of vests by all officers. § 10 HEALTH INSURANCE The general framework surrounding the issues raised in health insurance cases is well-settled. A public employer violates the Law when it unilaterally alters an existing condition of employment or implements a new condition of employment involving a mandatory subject of bargaining without providing to the exclusive representative of its employees prior notice and an opportunity to bargain. 65 The terms and costs of health 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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Sick and Injury Leave Rules 10-10 P
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Page 134 and 135: Changing Schedules 14-2 § 1 CONTRA
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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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