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Good Faith 4-15 impasse is reached or until the union stops bargaining in good faith. One word of caution is in order, however: it may take the LRC many months (if not longer) to decide whether the union bargained in bad faith. An employer should be very certain before making such a determination on its own. C. REMEDY FOR VIOLATION When the LRC finds that an employer has made a unilateral change in a working condition, typically it will order a return to the status quo ante (i.e. as it was before). 92 Some exceptions have been made where an employer has raised an employee’s wages. If ordering reimbursement would be unfair, the Commission might not be inclined to do so, especialy where the employee is being penalized for the employer’s unlawful conduct. 93 Similarly, the Commission has declined to order reimbursement in cases where this might result in friction between the union and the employee, which is not in keeping with the spirit of the law. 94 (An exception was made where an increase was implemented during negotiations.) 95 Where it appears that a pay raise is the only violation and no other employee was harmed, the Commission is unlikely to order a roll-back in a pay raise which was granted improperly. 96 In a case where the Commission determined that but for the change in a past practice, a certain officer would have been the person promoted to sergeant, it ordered the town to promote him. 97 In another case where such a clear determination was not possible, an LRC hearing officer did not order rescission but rather ordered the town to return to the status quo ante with regard to the promotion procedures for temporary sergeant which involved the consideration of all candidates on the Civil Service list. The town was also ordered to bargain with the union upon demand regarding the procedure for promotion to temporary sergeant. The hearing officer instructed the town not to penalize the previously unsuccessful candidate for not having served as temporary sergeant nor to reward the individual who earlier received such temporary promotion when considering either of them for any future promotion opportunities. PRACTICE POINTERS Unless a community is prepared to spend considerable time (and money) in litigation over whether management is free to act unilaterally, it is advisable to notify the union of any substantive change in the criteria or procedure for promotions to positions within the bargaining unit or to those outside the unit which are not represented by some other union and are Massachusetts Municipal Police Training Committee
Good Faith 4-16 not managerial or confidential. Consultation with labor counsel is essential before proceeding in this area. Unless labor counsel advises that the facts of a particular case warrant unilateral changes, upon request, the employer should engage in good faith negotiations until agreement or impasse is reached. Commonwealth of Massachusetts
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 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 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
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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
Page 112 and 113:
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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