Management Rights - AELE's Home Page

Benefits, Compensation and Leaves 16-13
27 See Town of Westfield, 10 MLC 1232 (1983).
28 Somerville School Committee, 13 MLC 1024 (1986).
29 See “The Chief’s Guide to Injured on Duty Claims” (published by the Municipal Police Institute, Inc.)
for a full treatment of this complicated issue.
30 See Newton Branch of the Massachusetts Police Assn. v. City of Newton, 484 N.E.2d 1326 (1985).
31 See, e.g., City of Springfield, 15 MLRR 1133 (1989); Town of Arlington, 15 MLRR 1130 (1989).
32 Town of Wilmington, 9 MLC 1694 (1983).
33 See Atterberry v. Police Commissioner of Boston, 392 Mass. 550, 467 N.E.2d 150 (1984).
34 Id.
35 This only applies, however, to employers with 50 or more employees. Further, an employee is entitled
to (i.e., “eligible” for) the 12 weeks unpaid leave only if he/she or she has worked 1,250 hours during the
previous twelve-month period.
36 The employer may deny restoration of an employee’s job after the twelve weeks leave only if: 1) the
employee is among the highest paid ten percentof the employer’s employees; 2) the denial is necesary to
prevent “substantial and grievous” economic injury to the employer’s operations; and 3) the employer
notifies the employee of its intent to deny restoration as soon as it determines such action is necessary.
37 Health insurance, however, must be maintained by the employer during the leave.
38 Town of Dedham, 16 MLC 1235 (1989).
39 City of Boston, 25 MLC 92 (1998).
40 See Town of Tewksbury, 11 MLC 1170 (1984); Town of Hingham, 19 MLC 1543 (1992).
41 On October 7, 1996, town meeting members authorized the Town "to waive the training fee for new
recruits to the Ludlow Police Department provided that they remain a member of the force for a period of
five (5) years or more pursuant to the provisions of Section 305 of Chapter 38 of the Acts of 1995."
42 We have modified these facts in response to the Town's request.
43 Commonwealth of Massachusetts v. Labor Relations Commission, 404 Mass. 124, 127 (1989); School
Committee of Newton v. Labor Relations Commission, 388 Mass. 557, 572 (1983); City of Boston, 16 MLC
1429, 1434 (1989); City of Holyoke, 13 MLC 1336, 1343 (1986).
44 Town of South Hadley, 27 MLC 161 (2001).
45 Town of South Hadley, 27 MLC at 162.
46 See, City of Lynn v. Labor Relations Commission, 43 Mass. App. Ct. 172 (1997) (public employer has no
duty to bargain when acting pursuant to a specific, narrow, statutory mandate not listed in Section 7(d)).
47 Town of South Hadley, 27 MLC at 163.
48 Cf. City of Gloucester, 26 MLC 128 (2000) (decision to cease crediting student officers with
compensatory time and the impacts of that decision on the bargaining unit members' terms and conditions
of employment is a mandatory subject of bargaining because the officers were permanent city employees at
the time they sought to use the compensatory time).
49 See, Boston School Committee, 3 MLC 1603 (1977) (residency as a condition of continued employment
is a mandatory subject of bargaining, but residency is purely as a condition of hire is not).
50 Town of East Longmeadow, 28 MLC 67 (2001).
51 Id.; see City of Taunton, 26 MLC 225, 226 (2000).
52 Town of East Longmeadow, 28 MLC 67, 69 (2001); City of Taunton at 226.
53 Town of Shrewsbury, 28 MLC 44 (2001).
54 Commonwealth of Massachusetts, 27 MLC 11 (2000);
55 City of Boston, 15 MLC 1209 (H.O. 1988), aff'd 16 MLC 1086 (1989).
56 Everett Housing Authority, 9 MLC 1263 (1982).
57 City of Boston, 9 MLC 1021 (1982).
58 Town of Shrewsbury, 28 MLC 70 (2001).
59 School Committee of Newton v. Labor Relations Commission, 388 Mass. 557 (1983); Town of
Arlington, 21 MLC 1125 (1994); City of Boston, 21 MLC 1350, 1359 (1994).
60 City of Boston, MLC 1429, 1434 (1989).
61 See, e.g., Town of Shrewsbury, 14 MLC 1664 (1988) (use of seat belts a mandatory subject.)
62 See, e.g., Commonwealth of Massachusetts, 20 MLC 1545, 1552 (1994) and cases cited therein.
63 City of Boston v. Labor Relations Commission, 48 Mass. App. Ct. 169, 174 (1999); City of Leominster,
23 MLC 62, 65 (1996); Town of Marblehead,12 MLC 1667,1670 (1986).
Massachusetts Municipal Police Training Committee