Management Rights - AELE's Home Page

Good Faith 4-14
In its 1992 decision in Commonwealth of Massachusetts, the
Commission dismissed the union's complaint that the state's
unilateral changing of the hours of work of correction
counselors violated Sections 10(a)(5) and (1). 91 The union was
found to have waived its right to bargain by agreeing to the
following language in the contract:
Where the employer desires to change the
work schedule of employee(s), the
employer shall, whenever practicable,
solicit volunteers from among the group of
potentially affected employees, and select
from among the qualified volunteers. The
employer shall, whenever practicable, give
any affected employee whose schedule is
being involuntarily changed ten (10) days
written notice of such contemplated
change. The provisions of this subsection
shall not be used for the purpose of
avoiding the payment of overtime.
4) Impasse or Agreement
Assuming the union makes a timely request to bargain, and
negotiations produce an agreement, management is obviously free to
implement the terms of such agreement. Likewise, if negotiations
proceed in good faith to impasse, management may implement its
pre-impasse position.
NOTE: If the union stops negotiating in good faith, management may
also implement.
PRACTICE POINTERS
Where negotiations are conducted in good faith (at least by management)
and impasse is reached, the municipal employer is free to implement its
impasse position. Although no case has yet been decided by the LRC on
the subject, it is arguable that the failure by the union to bargain in good
faith may relieve management of its bargaining obligation, thus enabling it
to implement its proposed change (at least as it existed immediately prior
to the union's statutory violation). In fact, LRC decisions compelling
municipal employers to enter into impact bargaining routinely include a
clause ordering the employer to bargain in good faith until agreement or
Commonwealth of Massachusetts