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Subjects of Bargaining 3-6 each new round of negotiations, an analysis should be made of the existing agreement as wel as the union’s proposals. Municipalities that conduct negotiations without labor counsel are especially vulnerable to mistakes in this area. Chiefs should insist that the municipal negotiator not agree even to discuss non-mandatory subjects. Despite loud protests and threats of complaints over “bargaining in bad faith,” management should stand strong. It is clear that if the law were in the reverse, no union would make the same mistakes that so many municipal employers have in this regard. Commonwealth of Massachusetts
Mandatory Subjects of Bargaining 3-7 1 Medford School Committee, 1 MLC 1250 (1975). 2 Board of Regents of Higher Education, 19 MLC 1069 (1992). 3 Town of Danvers, 3 MLC 1559 (1977). 4 School Committee of Newton v. Newton School Custodians Ass'n, Local 454, SEIU, 438 Mass. 739, 784 N.E.2d 598 (2003) . 5 City of Lynn v. Labor Relations Com'n, 43 Mass.App.Ct. 172, 681 N.E.2d 1234 (1997). 6 M.G.L. c. 150E, § 6 7 Melrose School Committee, 3 MLC 1302 (1976) 8 City of Boston, 9 MLC 1021 (1982). 9 Town of Fairhaven, 20 MLC 1343 (1994). 10 City of Fall River, 20 MLC 1352 (1994). 11 Town of Andover, 3 MLC 1710 (1977). 12 Mass. Comm. of Admin., 9 MLC 1001 (1982). 13 Town of North Adams, 21 MLC 1646 (1995). 14 Lawrence School Committee, 3 MLC 1304 (1976). 15 City of Everett, 22 MLC 1275 (1995). 16 Mass. Comm. of, Secretary of Admin. and Finance, 19 MLC 1069 (1992). 17 Town of Danvers, 3 MLC 1559 (1977). 18 Town of Shrewsbury, 14 MLC 1309 (1987) (requiring seat belts to be worn by police officers); Whitman Hanson Regional School Comm., 10 MLC 1283 (1984). But, c.f., City of Melrose, 22 MLC 1209 (1995) (reducing number of firefighters utilized per apparatus was not a mandatory subject because it did not affect safety or workload). 19 Medford School Committee, 1 MLC 1250 (1975); City of Worcester, 25 MLC 169 (1999). 20 Mass. Comm. of, Comm. of Admin. and Finance, 14 MLC 1719 (1988). 21 Everett Housing Authority, 9 MLC 1263 (1982). 22 City of Peabody, 9 MLC 1447 (1982). 23 Town of Tewksbury, 19 MLC 1189 (1992). 24 Peabody School Committee, 13 MLC 1313 (1986). 25 City of Haverhill, 16 MLC 1077 (1989). 26 Commonwealth of Massachusetts, 19 MLC 1069 (1992). 27 Town of Milton, 16 MLC 1725 (1990). 28 City of Revere, 18 MLC 1179 (1991); Board of Regents of Higher Education, 19 MLC 1248 (1992). 29 Medford School Committee, 4 MLC 1450 (1977),af’d sub. nom. School Commitee of Medford v. Labor Relations Commission, 38 Mass. 932 (1980). 30 Lawrence School Committee, 3 MLC 1304 (1976). 31 City of Peabody, 9 MLC 1447 (1977). 32 City of Boston, 4 MLC 1104 (1977). 33 Medford School Committee, 1 MLC 1250 (1975). 34 Town of Dracut, 7 MLC 1342 (1980). 35 Wakefield Municipal Light Department, 8 MLC 1838 (1981). 36 Norwood School Committee, 4 MLC 1751 (1978). 37 Boston School Committee, 3 MLC 1630 (1977).; (se also, Town of Lee v. Labor Relations Com'n, 21 Mass.App.Ct. 166, 485 N.E.2d 971 (1985).) 38 Town of Avon, 6 MLC 1390 (1979). 39 Town of Wayland, 5 MLC 1738 (1979). 40 Commonwealth of Massachusetts, 9 MLC 1824 (1983). 41 Town of Andover, 3 MLC 1710 (1977). 42 Board of Regents, 10 MLC 1107 (1983). 43 Town of Marblehead, 1 MLC 1140 (1975). 44 Whittier Regional School Committee, 13 MLC 1325 (1986),af’d sub. nom. Whittier Regional School Committee v. Labor Relations Commission, 401 Mass. 560 (1988). 45 Mass. Board of Regents of Higher Education, 10 MLC 1048 (1984). 46 Commonwealth of Massachusetts, 4 MLC 1869 (1978). 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 28 and 29: Subjects of Bargaining 3-2 When a p
Page 30 and 31: Subjects of Bargaining 3-4 § 2 NON
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
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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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