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Scope of Arbitration 2-11 20 Masachusets Highway Dep’t. v. American Fed’n of State, County & Mun. Employees, Council 93, supra at 16, 648 N.E.2d 430. 21 Id. At 17, 648 N.E.2d 430. 22 Bureau of Special Investigations v. Coalition of Pub. Safety, supra at 605, 722 N.E.2d 441 . .” Lynn v. Thompson, supra at 62-63, 754 N.E.2d 54. 23 City of Boston v. Boston Police Patrolmen’s Asociation, 443 Mass. 813, 824 N.E.2d 855, 176 L.R.R.M. (BNA) 3265. 24 Eastern Associated Coal Corp. v. United Mine Workers, Dist. 17, 531 U.S. 57, 62, 63, 121 S.Ct. 462, 148 L.Ed.2d 354 (2000). See Lynn v. Thompson, 435 Mass. 54, 754 N.E.2d 54 (2001), cert. denied, 534 U.S. 1131, 122 S.Ct. 1071, 151 L.Ed.2d 973 (2002). 25 Boston v. Boston Police Patrolmen’s As’n, 60 Mass.App.Ct. 920, 805 N.E.2d 527 (2004). 26 Id. At 63, 754 N.E.2d 54. Bureau of Special Investigations v. Coalition of Pub. Safety, supra. 27 Eastern Associated Coal Corp. v. United Mine Workers, Dist. 17, 531 U.S. 57, 62-63, 121 S.Ct. 462, 148 L.Ed.2d 354 (2000). 28 Masachusets Highway Dep’t v. American Fed’n of State, County & Mun. Employees, Council 93, supra at 19, 648 N.E.2d 430. 29 Clancy v. McCabe, 441 Mass. 311, 328, 805 N.E.2d 484 (2004) (Ireland, J., dissenting). 30 Civil Serv. Comm’n v. Johnson, 653 N.W.2d 533, 538 (Iowa 2002), quoting Fort Dodge v. Civil Serv. Comm’n, 562 N.W.2d 438, 440 (Iowa Ct.App. 1997). 31 General Laws c. 41, § 96A 32 See G.L. c. 268, § 1 (criminal offense of perjury, which in this case applies to DiSciullo's swearing to false criminal charges and testifying falsely under oath). See also G.L. c. 268, § 6A (criminalizing false police reports); G.L. c. 265, § 37 (crime for person acting under color of law to violate or interfere with constitutional rights); For the criminal liability of police officers engaging in such felonious conduct, see, e.g., Commonwealth v. Luna, 418 Mass. 749, 641 N.E.2d 1050 (1994) (affirming convictions of perjury and filing false police reports of officer on account of his false affidavit in support of search warrant.) Cambridge v. Civil Serv. Comm'n, 43 Mass.App.Ct. 300, 682 N.E.2d 923 (1997) (upholding decision of personnel administrator to authorize bypass of otherwise qualified candidate for police officer position based on her prior false testimony **862 under oath and involvement in domestic violence dispute several years prior to her eligibility for appointment). 33 See Eastern Associated Coal Corp. v. United Mine Workers, Dist. 17, supra at 63, 121 S.Ct. 462. 34 Massachusetts Highway Dep't v. American Fed'n of State, County & Mun. Employees, Council 93, supra at 17, 648 N.E.2d 430, quoting United States Postal Serv. v. American Postal Workers Union, 736 F.2d 822, 823, 825 (1st Cir.1984). Cf. Lynn v. Thompson, supra (reinstatement proper where charges of using excessive force not proved); Massachusetts Highway Dep't v. American Fed'n of State, County & Mun. Employees, Council 93, supra (arbitration award upheld if employee's harmful conduct not related to job activities). 35 See St.1962, c. 322, § 1, amending St.1906, c. 291, § 11 (police commissioner of Boston "shall have cognizance and control of the government, administration, disposition and discipline of the department, and of the police force"). 36 See note 4, supra. 37 See, e.g., rule 102, § 35 ("An employee of the [d]epartment who commits any criminal act shall be subject to disciplinary action up to and including discharge from the [d]epartment. Each case shall be considered on its own merits, and the circumstances of each shall be fully reviewed before the final action is taken"). 38 See, e.g., South Windsor v. South Windsor Police Union, 41 Con. App. 649, 677 A.2d 464 (1996) (police officer deliberately revealed identity of confidential informant); Chicago Fire Fighters Union Local No. 2 v. Chicago, 323 Ill.App.3d 168, 256 Ill. Dec. 332, 751 N.E.2d 1169 (2001) (fire fighters found to have been intoxicated while on duty). See also,State v. American Fed’n of State, County & Mun. Employees, Council 4, Local 387, 252 Conn. 467, 747 A.2d 480 (2000) (correctional officer, while on duty, used State-owned telephone to place obscene call to State senator). 39 Eastern Associated Coal. Crop. V. United Mine Workers, Dist. 17, 531 U.S. 57, 63, 121 S.Ct. 462, 148 L.Ed.2d 354 (2000). Massachusetts Municipal Police Training Committee
CHAPTER 3 - SUBJECTS OF BARGAINING Most topics that unions and management could be asked to discuss fall into one of three categories: mandatory; non-mandatory (permissive); and prohibited (illegal.) It is important to be able to recognize into which category a subject falls in order for a municipality or manager to respond properly. § 1 MANDATORY SUBJECTS The state’s Labor Relations Law, MGL c. 150E § 6, provides: The employer and the exclusive representative shall meet at reasonable times, including meetings in advance of the employer's budgetmaking process and shall negotiate in good faith with respect to wages, hours, standards or productivity and performance, and any other terms and conditions of employment, including without limitation, in the case of teaching personnel employed by a school committee, class size and workload, but such obligation shall not compel either party to agree to a proposal or make a concession; provided, however, that in no event shall the right of any employee to run as a candidate for or to hold elective office be deemed to be within the scope of negotiation. (emphasis added) Generally, if a subject of negotiation is classified as a mandatory subject of bargaining, a party commits a prohibited practice if it refuses a demand to bargain over that subject. The LRC has found that subjects that have a direct effect on the terms and conditions of employment, such as wages and hours, 1 health insurance benefits, 2 and job duties and work assignments, 3 are mandatory subjects of bargaining. The phrase "terms and conditions of employment" in the statute requiring school committees to negotiate in good faith on matters concerning wages, hours, standards of productivity and performance, and any other terms and conditions of employment is general and broad and must be determined on a case by case basis. 4 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
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Page 14 and 15: Management Rights 1-6 arbitrate a d
Page 16 and 17: CHAPTER 2 - SCOPE OF ARBITRATION Mu
Page 18 and 19: Scope of Arbitration 2-3 There are
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Page 30 and 31: Subjects of Bargaining 3-4 § 2 NON
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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
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Page 72 and 73: CHAPTER 8 - BARGAINING UNIT WORK A
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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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Light Duty 11-6 1 Votour v. City of
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Defibrillators 12-2 they affect gre
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CHAPTER 13 - WORKPLACE RULES AND PR
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Workplace Rules and Practices 13-3
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Changing Schedules 14-2 § 1 CONTRA
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Changing Schedules 14-4 legitimate
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CHAPTER 15 - MINIMUM STAFFING The n
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Minimum Staffing 15-3 that “a min
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Minimum Staffing 15-5 1 Chapter 594
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Benefits, Compensation and Leaves 1
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Employee Performance 17-2 The emplo
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Employee Performance 17-4 compellin
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Employee Performance 17-6 37 See se
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APPENDIX A-2 SAMPLE NOTICE FORM (OP
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APPENDIX A-4 SAMPLE NOTICE FORM (OP
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APPENDIX A-6 SAMPLE FORM 5 SAMPLE D
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APPENDIX A-8 6. The employee to be
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APPENDIX A-10 CONSENT I agree that
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APPENDIX A-12 to maintai
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