Management Rights - AELE's Home Page

More documents

Recommendations

Info

CHAPTER 2 - SCOPE OF ARBITRATION Municipal managers may be faced with the prospect of arbitration in two contexts. The first is at the end of regular collective bargaining contract negotiations. The second is often the last step in a contractual grievance procedure. § 1 INTEREST ARBITRATION When arbitration is involved in an effort to settle an impasse during regular collective bargaining negotiations, it is referred to as “interest arbitration.” In Massachusets, the Colective Bargaining Law (MGL c. 150E) only mandates interest arbitration for contractual disputes involving either police officers or firefighters. Other bargaining groups may include interest arbitration in their collective bargaining contract by voluntary agreement with the municipal employer, but as a practical matter this is rarely done. By and large, mediation and occasionally factfinding are the last formal steps in the impasse resolution process for such other bargaining groups. The latter are carried out under the auspices of the Massachusetts Board of Conciliation and Arbitration. In police and fire negotiations, the Joint Labor-<strong>Management</strong> Committee essentially supervises the process once it takes jurisdiction following a petition by one or both parties. After mediation efforts have failed, the JLMC will usually order the parties to binding arbitration. (Note: virtually all true arbitration is binding. If it were simply a recommendation, it would be fact-finding, or in some cases even mediation –where a mediator makes a recommendation and asks the parties to submit it to their respective constituencies.) If mediation efforts are not successful, the JLMC often refers outstanding issues to arbitration. The form of arbitration may vary. Occasionally there will be a three-person panel, with one (serving as the chair) and one representative of management and one of union. Often these persons come from the commitee’s membership, with the chair or vice-chair serving as the arbitration panel’s chair. Alternatively, a single arbitrator is sometimes asked to handle the case. Often a list of private arbitrators is provided to each side, with the parties’ ranking determining who the arbitrator will be. In both instances, the result is the same. The municipality is required to submit the arbitration award to its legislative body (Town Meeting, City Council, etc.) for funding. The Board of Commonwealth of Massachusetts
Scope of Arbitration 2-2 Selectmen or the Mayor is required, in fact, to support the funding of the award. The statute which established the Joint-Labor <strong>Management</strong> Committee (JLMC) includes a provision specifying what matters may not be the subject of arbitration following the breakdown of contract negotiations. 1 The relevant section states: . . . ; provided, however, that the scope of arbitration in police matters shall be limited to wages, hours and conditions of employment and shall not include the following matters of inherent managerial policy: the right to appoint, promote, assign, and transfer employees; and provided, further, that the scope of arbitration in firefighter matters shall not include the right to appoint and promote employees. Assignments shall not be within the scope of arbitration; provided, however that the subject matters of initial station assignment upon appointment or promotion shall be within the scope of arbitration. The subject matter of transfer shall not be within the scope of arbitration, provided however, that the subject matters of relationship of seniority to transfers and disciplinary and punitive transfers shall be within the scope of arbitration. Notwithstanding any other provisions of this act to the contrary, no municipal employer shall be required to negotiate over subjects of minimum staffing of shift coverage, with an employee organization representing municipal police officers and firefighters. Nothing in this section shall be construed to include within the scope of arbitration any matters not otherwise subject to collective bargaining under the provisions of chapter one hundred and fifty E of the General Laws. The Massachusetts courts have recognized consistently that there are a number of inherent managerial prerogatives which a municipal employer cannot relinquish even by agreement with a union and which an arbitrator may not include in an award. In the 1993 case of Town of Billerica v. International Association of Firefighters, Local 1495 2 , the Supreme Judicial Court made this clear by saying: Commonwealth of Massachusetts
Page 2 and 3: PREFACE Municipal officials and dep
Page 4 and 5: INTRODUCTION Public safety unions h
Page 6 and 7: Table of Contents ii § 2 Entry-Lev
Page 8 and 9: Table of Contents iv § 8 Other Ben
Page 10 and 11: Management Rights 1-2 management ri
Page 12 and 13: Management Rights 1-4 organized pub
Page 14 and 15: Management Rights 1-6 arbitrate a d
Page 18 and 19: Scope of Arbitration 2-3 There are
Page 20 and 21: Scope of Arbitration 2-5 Northborou
Page 22 and 23: Scope of Arbitration 2-7 DiSciulo
Page 24 and 25: Scope of Arbitration 2-9 leniency o
Page 26 and 27: Scope of Arbitration 2-11 20 Masach
Page 28 and 29: Subjects of Bargaining 3-2 When a p
Page 30 and 31: Subjects of Bargaining 3-4 § 2 NON
Page 32 and 33: Subjects of Bargaining 3-6 each new
Page 34 and 35: Subjects of Bargaining 3-8 47 Whitm
Page 36 and 37: CHAPTER 4 - “GOOD FAITH” Both t
Page 38 and 39: Good Faith 4-3 A. REFUSAL TO NEGOTI
Page 40 and 41: Good Faith 4-5 When a contract is i
Page 42 and 43: Good Faith 4-7 assignments an inher
Page 44 and 45: Good Faith 4-9 A union's obligation
Page 46 and 47: Good Faith 4-11 employees' terms an
Page 48 and 49: Good Faith 4-13 3) Contractual Waiv
Page 50 and 51: Good Faith 4-15 impasse is reached
Page 52 and 53: Good Faith 4-17 1 Harwich School Co
Page 54 and 55: Good Faith 4-19 59 Commonwealth of
Page 56 and 57: Assignment 5-2 Despite the fact tha
Page 58 and 59: Assignment 5-4 condition of re-issu
Page 60 and 61: CHAPTER 6 - PROMOTIONS The promotio
Page 62 and 63: Promotions 6-3 list is due to expir
Page 64 and 65: CHAPTER 7 - APPOINTMENTS The appoin
Page 66 and 67:
Appointments 7-3 providing the unio
Page 68 and 69:
Appointments 7-5 entry-level wage o
Page 70 and 71:
Appointments 7-7 union requests bar
Page 72 and 73:
CHAPTER 8 - BARGAINING UNIT WORK A
Page 74 and 75:
Bargaining Unit Work 8-3 private se
Page 76 and 77:
Bargaining Unit Work 8-5 § 1 REMED
Page 78 and 79:
Bargaining Unit Work 8-7 2) Absence
Page 80 and 81:
Bargaining Unit Work 8-9 33 Safeway
Page 82 and 83:
Reorganization 9-2 the work is supe
Page 84 and 85:
Reorganization 9-4 bargaining unit
Page 86 and 87:
Reorganization 9-6 If the union dem
Page 88 and 89:
Reorganization 9-8 41 See Commonwea
Page 90 and 91:
Sick and Injury Leave Rules 10-2 Wh
Page 92 and 93:
Sick and Injury Leave Rules 10-4 §
Page 94 and 95:
Sick and Injury Leave Rules 10-6 wh
Page 96 and 97:
Sick and Injury Leave Rules 10-8 Up
Page 98 and 99:
Sick and Injury Leave Rules 10-10 P
Page 100 and 101:
Sick and Injury Leave Rules 10-12 1
Page 102 and 103:
Light Duty 11-2 leave if they are c
Page 104 and 105:
Light Duty 11-4 § 2 INJURED ON DUT
Page 106 and 107:
Light Duty 11-6 1 Votour v. City of
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 114 and 115:
Page 116 and 117:
Page 118 and 119:
Page 120 and 121:
Page 122 and 123:
Page 124 and 125:
Page 126 and 127:
Page 128 and 129:
Page 130 and 131:
Page 132 and 133:
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 146 and 147:
Page 148 and 149:
Page 150 and 151:
Page 152 and 153:
Page 154 and 155:
Page 156 and 157:
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
show all

Management Rights - AELE's Home Page

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?