Management Rights - AELE's Home Page

PREFACE
Municipal officials and department heads have come to recognize
that few actions they may wish to take or changes they may wish to
implement can be done without at least some union involvement. In many
cases, the prospect of protracted negotiations has paralyzed some
managers. Even when faced with the prospect of trying to implement
needed improvements, some department heads decide to live with the
status quo rather than face what appears to be a lengthy battle with the
union. This can often amount to an abdication of their responsibility to
the public. In reality, while consultation is often required - and virtually
always recommended as a good management practice - it is not always
necessary to reach agreement with the union. In many instances, unless
constrained by the terms of a collective bargaining agreement,
management has the right to make changes. The law simply requires that
management provides the union with notice and the opportunity to
demand bargaining. If such bargaining is requested, the obligation on
both sides is to make a good faith effort to reach agreement, keeping an
open mind, to the point of agreement or impasse. Upon reaching impasse,
management may implement its pre-impasse position. This need not be an
extremely protracted endeavor. The goal of this manual is to help
department heads and other municipal officials recognize what items
require union involvement and what actions are required in such
instances.
This manual is one of a series of MPI publications aimed at
providing chiefs, managers and municipal officials with a reference guide
to some of the most pressing issues they face. MPI is the charitable, nonprofit
research and training affiliate of the Massachusetts Chiefs of Police
Association, Inc.
Commonwealth of Massachusetts