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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
Preface ii This manual has been written by Attorney John M. (Jack) Collins of the Law Firm of Collins and Weinberg of Shrewsbury, Massachusetts. Jack Collins has served as General Counsel to the Massachusetts Chiefs of Police Association and MPI for more than 30 years. He and his firm have also served as Town Counsel and/or Special Labor Counsel to dozens of cities and towns over the years. Attorney Collins is a frequent lecturer across the country on a variety of labor relations, discrimination, FLSA and human resources topics. Typing and desktop publishing was done by Dawn Thompson. The manual’s cover and the accompanying multimedia presentation were prepared by graphic artist, Michael J. Collins. Stephanie Lyon was responsible for publishing the Breeze version on-line on the MPI website. Readers are reminded that this is a resource manual. It is not intended as a substitute for consultation with municipal labor counsel. Commonwealth of Massachusetts
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 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
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Good Faith 4-17 1 Harwich School Co
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Good Faith 4-19 59 Commonwealth of
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Assignment 5-2 Despite the fact tha
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Assignment 5-4 condition of re-issu
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CHAPTER 6 - PROMOTIONS The promotio
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Promotions 6-3 list is due to expir
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CHAPTER 7 - APPOINTMENTS The appoin
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Appointments 7-3 providing the unio
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Appointments 7-5 entry-level wage o
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Appointments 7-7 union requests bar
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CHAPTER 8 - BARGAINING UNIT WORK A
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Bargaining Unit Work 8-3 private se
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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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