Management Rights - AELE's Home Page

More documents

Recommendations

Info

Subjects of Bargaining 3-8 47 Whitman Hanson Regional School Committee, 10 MLC 1283 (1984). 48 City of Springfield, 12 MLC 1001 (1985). 49 Medford School Committee, 3 MLC 1413 (1977). 50 City of Newton, 4 MLC 1282 (1977); Town of Bridgewater, 12 MLC 1612 (1986). 51 City of Boston, 16 MLC 1437 (1989). 52 City of Boston, 3 MLC 1450 (1977). 53 City of Pittsfield, 4 MLC 1905 (1978); Board of Trustees, University of Massachusetts, 7 MLC 1577 (1980). 54 Newton School Committee, 5 MLC 1061 (1978),af’d sub. nom. School Commitee of Newton v. Labor Relations Commission, 388 Mass. 557 (1983). 55 City of Everett, 2 MLC 1471 (1976); Town of Lexington, 22 MLC 1676 (1996). 56 Abington School Committee, 21 MLC 1630 (1995); Town of Lexington, 22 MLC 1676 (1996). 57 Town of Shrewsbury, 14 MLC 1664 (1988). 58 Commonwealth of Massachusetts, 22 MLC 1459 (1996). 59 City of Boston, 7 MLC 1775 (1981); Franklin School Committee, 6 MLC 1297 (1979). 60 Board of Trustees of the University of Massachusetts, 21 MLC 1995 (1995); Commonwealth of Massachusetts, 27 MLC 11 (2000). 61 New Bedford Housing Authority, 27 MLC 21 (2000). 62 63 School Committee of Newton v. Labor Relations Com'n, 388 Mass. 557, 447 N.E.2d 1201 (1983). 64 Id. 65 Id. 66 Id. 67 Town of West Bridgewater, 10 MLC 1040 (1983). 68 School Committee of Braintree v. Raymond, 369 Mass. 689 (1976). 69 City of Cambridge, 4 MLC 1447 (1977). 70 Town of Andover, 3 MLC 1710 (1977). 71 Groton School Committee, 1 MLC 1224 (1974). 72 Weymouth School Committee, 9 MLC 1091 (1982),af’d. sub. nom. NationalAssociation of Government Employees v. Labor Relations Commission, 17 Mass. App. Ct. 542 (1984). 73 Town of West Bridgewater, 10 MLC 1040 (1983), aff'd sub nom. West Bridgewater Police Association v. Labor Relations Commission, 18 Mass. App. Ct. 550 (1984). 74 Town of West Bridgewater, supra. (reverses City of Everett, 7 MLC 1012 (1980) and City of Lowell, 6 M LC 1173 (1979)); see, also, Town of Billerica, 8 MLC 1957 (1982) and Town of Dracut, 9 MLC 1702 (1983); compare City of Peabody, 9 MLC 1447 (1982) (regularly scheduled overtime equivalent to a wage item). 75 Town of Burlington v. Labor Relations Commission, 390 Mass. 157 (1983). 76 Cambridge School Committee, 7 MLC 1026 (1980) 77 School Committee of Braintree v. Raymond, 369 Mass. 689 (1976); School Committee of Hanover v. Curry, 369 Mass. 683 (1976). 78 City of Springfield, 12 MLC 1021 (1985). 79 Town of Dennis, 12 MLC 1027 (1985); City of Westfield, 12 MLC 1036 (1985). 80 Town of Ayer, 9 MLC 1376 (1982),af’d. sub nom. Local 346, IBPO v. Labor Relations Commision, 391 Mass. 429 (1984) 81 City of Cambridge, 4 MLC 1447 (1977). 82 Town of Danvers, 3 MLC 1559 (1977). 83 Town of Reading, 9 MLC 1730 (1983). 84 Chelmsford School Committee, 8 MLC 1515 (1981). 85 City of Malden, 20 MLC 1400 (1994). 86 Town of Dedham, 21 MLC 1011 (1994). 87 This rule was adopted in Massachusetts from the NLRB position on the subject. See, NLRB v. Wooster Division of Borg-Warner Corp ., 356 U.S. 342, 78 S.Ct. 718, 2 L.Ed.2d 823 (1958). 88 See Appendix under § 7(d) for a complete listing of the statutes which may be contravened by collective bargaining agreement. The most notable exception is that the injured on duty statute (c. 41 § 111(f)) may be contracted around. Commonwealth of Massachusetts
Mandatory Subjects of Bargaining 3-9 89 The power to appoint would involve an inherent managerial prerogative which a public employer may not abandon by agreement, because allowing public employers to contract away these rights would be contrary to public policy. The subject of managerial prerogatives and rights will be further examined in the chapter on <strong>Management</strong> <strong>Rights</strong>. 90 See School Committee of Springfield v. Springfield Administrators’ Asociation, 36 Mass. App. Ct. 916 (1994) (holding that School Committee could not bargain away its statutory authority of appointment and thus could not be bound by a collective bargaining provision for binding seniority preference). 91 Lynn v. Labor Relations Commission, 43 Mass. App. Ct. 183, 681 N.E.2d 1234 (1997). 92 Town of North Attleboro v. Labor Relations Commission, 56 Mass. App. Ct. 635, 779 N.E.2d 654 (2002). 93 Town of North Attleboro v. Labor Relations Commission, supra. 94 Id. 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 32 and 33: Subjects of Bargaining 3-6 each new
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
Page 82 and 83: Reorganization 9-2 the work is supe
Page 84 and 85:
Reorganization 9-4 bargaining unit
Page 86 and 87:
Reorganization 9-6 If the union dem
Page 88 and 89:
Reorganization 9-8 41 See Commonwea
Page 90 and 91:
Sick and Injury Leave Rules 10-2 Wh
Page 92 and 93:
Sick and Injury Leave Rules 10-4 §
Page 94 and 95:
Sick and Injury Leave Rules 10-6 wh
Page 96 and 97:
Sick and Injury Leave Rules 10-8 Up
Page 98 and 99:
Sick and Injury Leave Rules 10-10 P
Page 100 and 101:
Sick and Injury Leave Rules 10-12 1
Page 102 and 103:
Light Duty 11-2 leave if they are c
Page 104 and 105:
Light Duty 11-4 § 2 INJURED ON DUT
Page 106 and 107:
Light Duty 11-6 1 Votour v. City of
Page 108 and 109:
Defibrillators 12-2 they affect gre
Page 110 and 111:
CHAPTER 13 - WORKPLACE RULES AND PR
Page 112 and 113:
Workplace Rules and Practices 13-3
Page 114 and 115:
Page 116 and 117:
Page 118 and 119:
Page 120 and 121:
Page 122 and 123:
Page 124 and 125:
Page 126 and 127:
Page 128 and 129:
Page 130 and 131:
Page 132 and 133:
Page 134 and 135:
Changing Schedules 14-2 § 1 CONTRA
Page 136 and 137:
Changing Schedules 14-4 legitimate
Page 138 and 139:
CHAPTER 15 - MINIMUM STAFFING The n
Page 140 and 141:
Minimum Staffing 15-3 that “a min
Page 142 and 143:
Minimum Staffing 15-5 1 Chapter 594
Page 144 and 145:
Benefits, Compensation and Leaves 1
Page 146 and 147:
Page 148 and 149:
Page 150 and 151:
Page 152 and 153:
Page 154 and 155:
Page 156 and 157:
Page 158 and 159:
Employee Performance 17-2 The emplo
Page 160 and 161:
Employee Performance 17-4 compellin
Page 162 and 163:
Employee Performance 17-6 37 See se
Page 164 and 165:
APPENDIX A-2 SAMPLE NOTICE FORM (OP
Page 166 and 167:
APPENDIX A-4 SAMPLE NOTICE FORM (OP
Page 168 and 169:
APPENDIX A-6 SAMPLE FORM 5 SAMPLE D
Page 170 and 171:
APPENDIX A-8 6. The employee to be
Page 172 and 173:
APPENDIX A-10 CONSENT I agree that
Page 174 and 175:
APPENDIX A-12 to maintai
show all

Management Rights - AELE's Home Page

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?