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Subjects of Bargaining 3-2 When a public sector employer acts under authority of a municipal personnel statute, by-law, or regulation, the employer's freedom of action is always subject to collective bargaining in relation to mandatory subjects, including wages and terms and conditions of employment.5 The following have also been found by the Commission to be mandatory subjects of bargaining: wages and hours, 6 initial wages for new positions, 7 medical library hours, 8 drug testing or screening, 9 or instituting a new drug policy, 10 assigning work to non bargaining unit personnel, 11 work schedules, generally, 12 and for police detectives, 13 pay day schedules, 14 certain fringe benefits, such as reduced work schedules on holidays, 15 and health and welfare trust fund contributions, 16 promotional procedures, 17 safety issues, 18 work load, 19 productivity issues, 20 allotments of gasoline, 21 regularly scheduled overtime, 22 changes in scheduled overtime, 23 class size, 24 use of psychological testing in hiring, 25 contributions to health and welfare trust funds, 26 selection of health insurance plans, 27 as well as health insurance benefits and premiums generally, 28 percentage of group insurance contributions, 29 compensation for added duties, 30 overtime pay, 31 granting leave, 32 seniority, 33 grooming standards, 34 on-call status, 35 time for cashing checks on duty, 36 residency requirements, 37 physical exams by a municipality’s doctor for disability leave, 38 performance evaluation standards, 39 copying charges for union requested information, 40 scope of bargaining unit work, 41 Commonwealth of Massachusetts
Mandatory Subjects of Bargaining 3-3 patent rights for inventions, 42 transaction of union business during work hours, 43 penalty for not paying agency service fee, 44 agency service fee, 45 pay check deductions, 46 attendance at professional meetings 47 paid injury leave criteria, 48 wage re-opener clause, 49 number of firefighters on a piece of equipment when responding to alarm if safety issue involved, 50 impact of non-bargaining unit employees on work load and working conditions, 51 grievance procedure administration, 52 outside employment restrictions, 53 reduction of force impacts, 54 non-active work time use, 55 smoking, 56 use of seat belts, 57 sick leave bank, 58 contracting out bargaining unit work, 59 parking rates (and free parking), 60 holding employees accountable for issued equipment, 61 and use of defibrillators. 62 A. SCHOOL COMMITTEE Chapter 71, §§ 37 and 68 conferring on school committee exclusive general authority over operation and maintenance of public schools did not preclude committee from first being required to bargain with union over its decision to reduce level of janitorial services by layoffs or concerning impact of a reduction in force by layoffs. 63 The decision to reduce level of janitorial services was an exclusive school committee prerogative, but means of achieving a reduction in force, by layoffs or otherwise, and impact of that decision on terms and conditions of employment were matters as to which there was a duty to bargain with exclusive representative of those employees. 64 The timing of any decision by the school committee to lay off janitorial employees, the number of employees to lay off, and which employees to lay off were mandatory subjects of bargaining with the union representing those employees. 65 A provision of a city charter authorizing the school committee to discharge employees at its pleasure did not operate to preclude the committee from being required to bargain with the union over its decision to reduce the level of janitorial services by layoffs or concerning the impact of a reduction in force by layoffs. 66 Massachusetts Municipal Police Training Committee
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 16 and 17: CHAPTER 2 - SCOPE OF ARBITRATION Mu
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 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
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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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