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Benefits, Compensation and Leaves 16-14 64 School Committee of Newton, 388 Mass. at 569; Cih, of Worcester, 16 MLC 1327, 1333 (1989); Town of Andover, 4 MLC 1086, 1089 (1977); Town of Hudson, 25 MLC 143 (1999). 65 City of Somerville, 19 MLC 1795, 1798 (1993) citing Town of Ludlow, 17 MLC 1191, 1195 (1990); Commonwealth of Massachusetts v. Labor Relations Commission, 404 Mass. 124 (1989); School Committee of Newton v. Labor Relations Commission, 338 Mass. 557, 572 (1983). 66 Town of W. Dennis, 28 MLC 297 (2002). 67 Massachusetts Correctional Officers Federated Union (MCOFU), v. Labor Relations Commission, 417 Mass. 7, 9, n.3 (1994); City of Somerville, 19 MLC at 1799, citing Kerrigan v. City of Boston, 361 Mass. 24 (1982); Town of Ludlow, 17 MLC 1191, 1195 (1990) citing School Committee of Medford v. Labor Relations Commission, 8 Mass. App. Ct. 139, 140 (1979). 68 Board of Regents of Higher Education, 19 MLC 1248, 1265 (1992), citing Anderson v. Board of Selectmen of Wrentham, 406 Mass. 508 (1990). 69 Town of Dennis, 28 MLC 297 (2002). 70 MCOFU v. Labor Relations Commission, 417 Mass. 7 (1994). 71 See e.g., MCOFU v. Labor Relations Commission, 417 Mass. 7, 1994 (employer not required to bargain over Group Insurance Commission's decision to reduce health insurance benefits); Town of Weymouth, 23 MLC 71 (1996) (insurance company's decision to cancel Town's coverage excused Town from bargaining over decision to cancel that coverage); City of Somerville, 19 MLC 1798 (1993) (Legislature's mandating increase in employee portion of HMO premium deduction excused City from bargaining over Legislature's decision to make change.) 72 417 Mass. at 9. 73 Id. at 9, n.3, citing Town of Ludlow, 17 MLC 1191, 1198 (1990). 74 City of Malden, 23 MLC 181, 184 (1997). 75 M.G.L. c.32B, Section 12 states in pertinent part that "upon acceptance of this chapter, the appropriate public authorities of two or more governmental units mayjoin together in negotiating and purchasing …one or more policies of insurance…for the employees of said governmental units." (Emphasis supplied).g Commonwealth of Massachusetts
CHAPTER 17 - EMPLOYEE PERFORMANCE Because performance evaluations have a direct impact on employee job security and professional advancement, they are a mandatory subject of bargaining. 1 The LRC has classified performance evaluations as mandatory subjects of bargaining for two primary reasons: 1) they establish standards by which performance of bargaining unit members will be evaluated, 2 and 2) they serve as a basis for promotions. 3 Moreover, the LRC has stated that performance evaluations do not fall in the “managerial prerogative” category, so an employer must bargain over the decision to implement or change the performance evaluation method in addition to the impact of the decision. 4 Performance evaluation systems that measure standards of productivity and performance are mandatory subjects of bargaining. 5 Performance evaluations often have a direct relationship to promotions, so a change in the standards used to evaluate employee productivity or performance must be bargained over prior to implementation. 6 An employer is prohibited from unilaterally changing the criteria upon which employees are evaluated. 7 Evaluation procedures and criteria are changed if there is a material change in the criteria used, a new criterion is established, or there is a change in the purpose of the evaluation. 8 An employer may choose, however, to reinstate certain evaluation procedures which it has not used for a period of time. Thus, in Boston Department of Health and Hospitals, the LRC held that the employer could lawfully reintroduce written evaluation forms after a three-year hiatus. 9 An employer need not bargain before implementing a new system if such new system measures the same criteria as the prior system, since such changes do not materially or substantially change conditions of employment. 10 In its 1998 ruling, the LRC upheld an Administrative Law Judge’s (ALJ’s) dismissal of the Boston Superior Oficers Federation’s charge following the creation of a Community Appeals Board (CAB) to review Internal Affairs Department (IAD) investigations and disciplinary hearings. 11 The union conceded that the department was entitled to create the CAB. However, it insisted that the City had a duty to bargain before unilaterally implementing the CAB. The LRC found that the CAB serves merely in an advisory capacity. The ultimate decisions continued to rest with the Commissioner. Therefore, the union failed to show that the CAB had a direct, identifiable impact on performance evaluations. Commonwealth of Massachusetts
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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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Light Duty 11-2 leave if they are c
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Light Duty 11-4 § 2 INJURED ON DUT
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Page 142 and 143: Minimum Staffing 15-5 1 Chapter 594
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Page 172 and 173: APPENDIX A-10 CONSENT I agree that
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