Management Rights - AELE's Home Page

Good Faith 4-17
1
Harwich School Committee, 10 MLC 1364 (1984); King Phillip Regional School Committee, 2 MLC
1393 (1976).
2
School Committee of Newton v. Labor Relations Commission, 447 N.E.2d 1201, 1211; 388 Mass. 557
(1983). Citations omitted.
3
County of Norfolk, 11 MLC 1346, 1348 (1985).
4
See General Electric Co., 150 NLRB 192, 57 LRRM 1491 (1964): “Good faith bargaining . . involves
both a procedure for meeting and negotiating, which may be called the externals of collective bargaining,
and a bona fide intention . ..”
5 County of Norfolk, 11 MLC 1348 (1985).
6 Springfield Housing Authority v. Labor Relations Com'n, 16 Mass.App.Ct. 653, 454 N.E.2d 507 (1983).
7 School Committee of Newton v. Labor Relations Com'n , 388 Mass. 557, 447 N.E.2d 1201 (1983).
8 Id.
9 Com. v. Labor Relations Com'n, 60 Mass.App.Ct. 831, 806 N.E.2d 457, review denied 442 Mass. 1111,
816 N.E.2d 1222, (2004).
10
Everett School Committee, 9 MLC 1308 (1982); Commonwealth of Massachusetts, 8 MLC 1183
(1981); City of Chelsea, 3 MLC 1169 (1976),af’d., 3 MLC 1384 (1977). One exception to the rule that
parties must bargain over mandatory subjects of bargaining involves comprehensive “zipper clauses”. If
the collective bargaining agreement contains a provisions stating that the contract represents the entire
agreement between the parties (i.e. anything not discussed in the agreement specifically is excluded from
future mid-term negotiations), then a party may be excused from the duty to bargain. See City of Salem, 5
MLC 1433 (1978) (stating that a contract without a zipper clause creates a duty during the term of the
agreement to bargain over mandatory subjects not addressed in the agreement). This topic will be further
elaborated upon in the chapter on Mid-Term Bargaining.
11 School Committee of Newton, 388 Mass. at 572 (citations omitted).
12 Id.
13 Id.; King Phillip Regional School Committee, 2 MLC 1393, 1396 (1976).
14 City of Chelsea, 3 MLC 1048, 1050 (H.O. 1976) citing NLRB v. Polling & Son Co., 119 F2d. 32 (1941).
15
The sections below all constitute examples of actions which constitute a refusal to bargain by a public
employer.
16
M.G.L. Chapter 150E, § 4; § 6 requires negotiations with the elected representative. Under federal law,
an employer commits an unfair labor practice if it refuses to bargain collectively with a union that has met
the criteria for an “exclusive bargaining representative” under 29 U.S.C. § 159(a) (National Labor
Relations Act).
17
Brockton School Committee, 19 MLC 1120 (1992).
18
Utility Workers of America, 8 MLC 1193 (1981).
19
In the federal arena, the “take it or leave it” approach by management is caled “Boulwarism”, named
for a former Vice President of General Electric who exemplified and defined the approach. He would
research and develop what he considered to be the best possible collective bargaining agreement for the
employees, and then present it to the union during “bargaining”. Besides refusing to budge on al major
contract items, he would also initiate a company-wide campaign to convince employees of the value of his
proposal. The NLRB has held that a “take it or leave it” atitude can violate the NLRA, and that direct
dealing with employees (during the campaigns) also violated the Act.
20 Town of Saugus, 2 MLC 1480 (1976).
21
The subject of unilateral changes generally arises in the context of changes in terms and conditions of
employment during the term of the collective bargaining agreement. This section will only address the
issue in a context where there is no contract in effect.
22 School Committee of Newton v. Labor Relations Commission, 338 Mass. 557 (1983).
23 Commonwealth of Massachusetts, 27 MLC 1, 5 (2000); City of Gloucester, 26 MLC 128, 129 (2000);
City of Boston, 16 MLC 1429, 1434 (1989); Town of Wilmington, 9 MLC 1694, 1697 (1983).
24 Commonwealth of Massachusetts, 20 MLC 1545, 1552 (1984); City of Boston, 20 MLC 1603, 1607 (1994).
25 Swansea Water District, 28 MLC 244,245 (2002); Commonwealth of Massachusetts, 23 MLC 171,172
(1997); Town of Chatham, 21 MLC 1526, 1531 (1995).
26 Commonwealth of Massachusetts, 23 MLC at 172.
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