Management Rights - AELE's Home Page

Good Faith 4-18
27
Because the union often lacks the actual power to make a unilateral change, generally it is the employer
who is charged with making an unlawful unilateral change.
28
Commonwealth of Massachusetts, 19 MLC 1069 (1992).
29
City of Peabody, 9 MLC 1447 (1982).
30
Town of Billerica, 8 MLC 1957 (1982).
31
Commonwealth of Massachusetts, 9 MLC 1355 (1982).
32
Hanson School Committee , 5 MLC 1671 (1979), discussed supra in § 4, “Reaching Impase”.
33
Town of Bellingham, 21 MLC 1441 (1994).
34 School Committee of Braintree v. Raymond, 369 Mass. 686, 343 N.E.2d 145 (1976)
35 City of Boston v. Boston Police Superior Officers Federation, 29 Mass. App. Ct. 907, 556 N.E.2d 1053
(1990)
36 City of Boston, supra, at 1055.
37 City of Leominster, 17 MLC 1391 (1991) and City of Leominster, 19 MLC 1636 (1993)
38 City of Boston, 5 MLC 1691 (1979); Town of Danvers, 3 MLC 1559 (1977)
39 City of Worcester, 4 MLC 1378 (1977)
40 School Committee of Boston v. Boston Teachers Union, Local 66, American Federation of Teachers
(AFL-CIO), 378 Mass. 65, 389 N.E.2d 970 (1979)
41 Id. at 973.
42 City of Boston School Committee, 4 MLC 1912, 1915 (1978); Quincy School Committee, 11 MLC 1179
(1984)
43 Town of Ludlow, 17 MLC 1203 (1990); Town of Milford, 15 MLC 1247 (1988)
44 Boston School Committee, 4 MLC 1912, 1915 (1978)
45 Town of Wayland, 3 MLC 1724, 1729 (H.O. 1977); see also, Leominster School Committee, 3 MLC 1530
(H.O. 1977), modified on other grounds, 4 MLC 1512 (1977)
46 Whitman-Hanson Regional School Committee, 10 MLC 1283, 1285-1286 (1983)
47 Boston School Committee, 10 MLC 1501, 1510 (1984)
48 City of Gardner, 10 MLC 1218, 1221 (1983); citing Scituate School Committee, 9 MLC 1010 (1982) and
Boston School Committee, 4 MLC 1912, 1915 (1978); School Committee of Newton v. Labor Relations
Commission, 388 Mass. 557, 570, 447 N.E.2d 1201 (1983)
49 Boston School Committee and Administrative Guild, 4 MLC 1912, 1914-15 (1978)
50 Id. at 1915; School Committee of Newton v. Labor Relation Commission, 388 Mass. 557, 570, 447 N.E.2d
1201 (1983); Town of South Hadley, 26 MLC 161 (2000).
51 City of Everett, 2 MLC 1471, 1476 (1976), aff'd sub. nom., Labor Relations Commission v. City of
Everett, 7 Mass. App. Ct. 826, 391 N.E.2d 694 (1979); Commonwealth of Massachusetts, 28 MLC 36, 40
(2001), citing City of Everett, 2 MLC 1471, 1476 (1976), aff'd Labor Relations Commission v. City of
Everett, 7 Mass. App. Ct. 826 (1979). See also City of Cambridge, 23 MLC 28, 37 (1996), aff'd sub nom.
Cambridge Police Superior Officers Association et al. v. Labor Relations Commission, 47 Mass. App. Ct.
1108 (1999).
52 School Committee of Newton v. Labor Relations Commission, 388 Mass. 557, 570 (1983); City of
Cambridge, 23 MLC 28, 37-38 (1996), aff'd sub nom. Cambridge Police Superior Officers Association &
another v. Labor Relations Commission, 47 Mass. App. Ct. 1108 (1999). Town of Andover, 28 MLC at 270,
citing City of Boston v. Labor Relations Commission, 48 Mass. App. Ct. 169, 174 (1999); see School
Committee of Newton v. Labor Relations Commission, 388 Mass. at 569 (a waiver must be shown clearly,
unmistakably, and unequivocally and cannot be found on the basis of a broad, but general, management
rights clause).
53 City of Malden, 8 MLRR 1356, 8 MLC 1620 (1981)
54 Town of Avon, 5 MLRR 1148 (1979)
55 Town of Raynham, 30 MLC 56 (2003).
56 Town of Andover, 28 MLC at 270, citing Town of Mansfield, 25 MLC 14, 15 (1998).
57 Town of Andover, 28 MLC at 270, citing City of Boston v. Labor Relations Commission, 48 Mass. App.
Ct. 169, 174 (1999); see School Committee of Newton v. Labor Relations Commission, 388 Mass. at 569 (a
waiver must be shown clearly, unmistakably, and unequivocally and cannot be found on the basis of a
broad, but general, management rights clause).
58 Commonwealth of Massachusetts, 5 MLC 1097, 1099 (1978), citing City of Everett, 2 MLC 1471, 1475
(1976); Press Co., Inc., 121 NLRB 976, 42 LRRM 1493 (1958).
Commonwealth of Massachusetts