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Benefits, Compensation and Leaves 16-10 insurance benefits, including co-payments, are conditions of employment that constitutes mandatory subjects for bargaining. 66 It is undisputed that normally, under M.G.L. c.150E, a public employer must bargain over the terms and costs of health insurance coverage provided pursuant to M.G.L. c.32B and that such an employer would commit a prohibited practice by changing health insurance benefits without first bargaining over the subject. 67 The Commission has also held that employersubsidized health insurance is a form of compensation. 68 Changes in the amount of a co-payment that employees are required to pay for prescription drugs or office visits under an employer's health insurance plans are clearly changes to both the terms and costs of health insurance affecting employees' overall compensation. Therefore, generally, the employer must bargain with a union to resolution or impasse prior to changing the amount of co-payments that employees are required to make under the employer's group health insurance plan. 69 Although the Town of Dennis did not dispute that it had an obligation to bargain over the impacts of the decision to increase insurance copayments, it contended , citing MCOFU v. Labor Relations Commission, 70 and several other Commission decisions, that it had no obligation to bargain over the decision to increase insurance co-payments because that decision was made by CCMHG and was therefore beyond the sole control of the Town. The Commission rejected the Town of Dennis' argument that it was excused from bargaining over the decision to increase the co-payments because that decision was made by the CCMHG and therefore was beyond its control. The Commission has held that, where certain actions taken by parties like the Group Insurance Commission (GIC), the Legislature, or an insurance company are beyond the employer's control, the public employer may not be required to bargain over the third party's decision to take that action. 71 In MCOFU v. Labor Relations Commission, the Supreme Judicial Court held that because it was inherent in the statutory scheme that the Commonwealth, as the public employer, and the union had no control over the GIC's decision to reduce health insurance benefits, the Commonwealth was relieved of its duty to bargain over the changes in health insurance coverage mandated by GID. 72 However, the Court specifically noted that its holding did not concern collective bargaining rights and health insurance coverage under M.G.L. c.32B for employees of political subdivisions of the Commonwealth. 73 The Commission similarly found that there is no independent agency analogous to the GIC for purchasing health insurance for municipal employees. 74 Moreover, although Section 12 of M.G.L. c.32B permits public authorities of two or more governmental units, it does not require those public authorities to do Commonwealth of Massachusetts
Benefits, Compensation and Leaves 16-11 so, nor does that statute relieve the participants in those groups of their respective obligations to bargain over changes to the terms and costs of its employees' benefits within their municipality. 75 In Town of Dennis, the Labor Relations Commission stated that the record before it reflected that the CCMHG is a joint purchase group of governmental employers that arranges for the purchase and administration of health insurance for its constituent members. The CCMHG is run by a Board of Delegates, whose membership is drawn from various municipal officials of the constituent group of governmental employers. The Commission concluded that the Town of Dennis violated the Law by unilaterally making increases to prescription drug and office visit copayments in 1999 and July 2001 without first giving notice to the Union and bargaining to resolution or impasse. 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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Sick and Injury Leave Rules 10-12 1
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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
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