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Employee Performance 17-5
1 Commonwealth of Mass. v. Labor Relations Commission, 404 Mass. 124, 533 N.E.2d 1325 (1989).
2 See, Fall River School Committee, 7 MLC 1843 (1981); Burlington School Committee, 6 MLC 1334
(1979); Town of Wayland, 5 MLC 1738 (1979); Town of Wayland, 3 MLC 1450 (1977).
3 Boston School Committee, 3 MLC 1603 (1977).
4 Id. Reprimands or directives to improve performance, however, do not fall into the category of
“performance evaluations.” See Peters Township School Committee, 73 LA 702 (1989); see also
“Discipline” section below.
5 Town of Wayland, 5 MLC 1738 (1979).
6 See, e.g., Mass. Commissioner of Admin. & Finance, 21 MLC 1697 (1995) (finding that employer
refused to bargain in good faith over decision to change the evaluation criteria for two positions).
7 Commonwealth of Massachusetts, 18 MLC 1161 (1991).
8 Id.; See also Commonwealth of Massachusetts, 13 MLC 1717 (1987).
9 Boston Department of Health and Hospitals, 8 MLC 1077 (1981).
10 Commonwealth of Massachusetts, 13 MLC 1717 (1987).
11 City of Boston, 24 MLC 89 (1998).
12 Mass. Dept. of Public Welfare and Alliance, 21 MLC 1499, 1506 (1995). See also, Worcester School
Committee, 14 MLC 1682 (1988); Commonwealth of Mass., 11 MLC 1440 (1985); Board of Trustees,
Univ. of Mass. (Amherst), 8 MLC 1139 (1981).
13 Board of Trustees, Univ. of Mass. (Amherst), 8 MLC 1148, 1152 (1981).
14 Reinstein v. Police Commissioner of Boston, 378 Mass. 281, 293 (1979). The LRC has also modified
orders to produce employee records in order to protect promotional candidates. Town of Weymouth, 16
MLC 1031 (1989).
15 City of Boston, 5 MLC 1796 (1979).
16 City of Worcester, 4 MLC 1317,af’d, 4 MLC 1697 (1978); see also, Boston Dept. of Health and
Hospital, 8 MLC 1077 (1981) (upholding employer’s reintroduction of writen evaluations after three year
absence).
17 Town of Arlington, 4 MLC 1614 (1977),af’d4 MLC 1946 (1978); see also, Trading Port Inc., 224
NLRB 160 (1976).
18 City of Boston, 5 MLC 1796, 1797 (1977).
19 Commonwealth of Massachusetts, 18 MLC 1161, 1164 (1991).
20 Id. at 1163.
21 Massachusetts Commissioner of Administration and Finance, 13 MLC 1125 (1986); see also, Waltham
School Committee, 9 MLC 1034 (1983) (finding School Committee had unlawfully introduced a new
evaluation criteria when it added a probationary period).
22 Comm. of Mass., 18 MLC 1161, 1163 (1991).
23 Comm. of Mass., 16 MLC 1751 (1989).
24 Comm. of Mass., 15 MLC 1541 (1988).
25 Comm. of Mass., 16 MLC at 1753 (discussing challenge to employee evaluation result by means of
grievance procedure).
26 Massachusetts Department of Public Welfare, 19 MLC 1340 (1992).
27 Id.
28 See Hirsch, LABOR AND MANAGEMENT IN MASSACHUSETTS, 135 (1990).
29 Broken Arrow, City of Oklahoma City, 96 LA 439 (1991).
30 Ashway County Board of Mental Health, 94 LA 303 (1990).
31 See Hirsch, supra, at 135-136.
32 See generally, Commonwealth of Mass., 20 MLC 1336 (1996).
33 Id.
34 Ohio State, County & Municipal Employees, 92 LA 1167 (1989); City of Erie, 96 LA 557 (1991).
35 City of Fall River, 20 MLC 1352 (1994).
36 Mass. Labor Relations Commission v. IBPO, 391 Mass. 429 (1984) (holding that administering
polygraph test to an officer was not unlawful, even though the Town had not bargained with the union,
because the test was administered as part of a criminal investigation).
Massachusetts Municipal Police Training Committee