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Good Faith 4-19 59 Commonwealth of Massachusetts, 5 MLC 1097, 1099 (1978), citing City of Boston, 3 MLC 1450, 1461, n.13 (1977). 60 Commonwealth of Massachusetts, 5 MLC 1097, 1099 (1978), see Ador Corp., 150 NLRB 1658, 58 LRRM 1280 (1965). 61 City of Cambridge, 29 MLC 134 (2003). 62 Boston School Committee, 4 MLC 1912, 1914 (1978) 63 Id. at 1915 64 Id. at 1916 65 Id. at 1914 66 Id. at 1915 67 Holliston School Committee, 23 MLC at 212-213, quoting, Scituate School Committee, 9 MLC 1010, 1012 (1982). 68 Holliston School Committee, 23 MLC at 213. 69 Cf. Town of Hudson, 25 MLC 143, 148 (1999) 70 City of Cambridge, 23 MLC at 37, citing, Town of Milford, 15 MLC 1247, 1253 (1988). 71 Town of Westborough, 25 MLC 81 (1997). 72 Id. at 87 (1997), citing, City of Salem, 5 MLC 1433, 1436-1437 (1978) (Commission adopts the general policy expressed by Section 8(d) of the Labor <strong>Management</strong> Relations Act). See also, Jacobs Mfg. Co., 94 NLRB 1214, 28 LRRM 1162 (1951), enf'd 196 F.2d 680, 30 LRRM 2098 (CA 2, 1952). 73 Town of Westborough, 25 MLC at 87. See also, Franklin School Committee, 6 MLC 1297, 1300 (1979). 74 See, Holliston School Committee, 23 MLC at 212-213. 75 City of Boston, 8 MLC 1800 (1982) 76 Scituate School Committee, 9 MLC 1010, 1012 (1982) 77 Holyoke School Committee, 12 MLC 1443 (1986) 78 Scituate School Committee, 8 MLC 1726 (1982) 79 Middlesex County Commissioners, 9 MLRR 1148, 9 MLC 1579 (1983) 80 See attached Order issued to the South Shore Regional School District. 81 See, Town of Andover, 28 MLC 264 (2002). 82 Town of Mansfield, 25 MLC 14, 15 (1998). Massachusetts Board of Regents, 15 MLC 1265, 1269 (1988) citing Town of Marblehead, 12 MLC 1667, 1670 (1986) 83 Town of Mansfield, 25 MLC 14, 115 (1998). 84 City of Boston v. Labor Relations Commission, 48 Mass. App. Ct. 169, 174 (1999). 85 School Committee of Newton v. Labor Relations Commission, 388 Mass. at 569. 86 Melrose School Committee, 9 MLC 1713, 1725 (1983) 87 City of Worcester, 16 MLC 1327, 1333 (1989). 88 Town of Marblehead, 12 MLC 1667, 1670 (1986); Peabody School Committee, 28 MLC 19, 21 (2001). 89 Town of Hull, 17 MLC 1678 (1991) citing Town of Marblehead, 12 MLC 1667, 1670 (1986) 90 Town of Hull, 17 MLC 1678 (1991) citing Massachusetts Board of Regents, 15 MLC 1265, 1269-1270 (1988) 91 Commonwealth of Massachusetts, 19 MLC 1454 (1992) 92 Framingham School Committee, 4 MLC 1809 (1978); Town of Marblehead, 12 MLC 1667, 1672 (1986). 93 City of Quincy, 7 MLC 1391 (1980). 94 City of Boston, 98 MLC 1664 (1983). 95 City of Quincy, supra. 96 City of Boston, 12 MLC 1203 (1985). 97 Town of Stoneham, 8 MLC 1275 (1981). Massachusetts Municipal Police Training Committee
CHAPTER 5 - ASSIGNMENT The right to assign public safety employees is an inherent managerial prerogative which cannot be the subject of arbitration. 1 While it is arguable that management must negotiate at the request of the union over certain procedures relative to assignments, the ultimate decision-making power must rest with the chief. In its 1978 decision, the Supreme Judicial Court addressed the issue of the assignment and appointment of police officers in a Boston Police Department case. 2 It ruled that the assignment of a police officer by the police commissioner is a decision committed to the nondelegable statutory authority of the commissioner and is not a proper matter for arbitration. In this case an arbitrator found that the commissioner violated the provisions of the collective bargaining agreement by making a provisional promotion of a lieutenant to a captain and transferring that individual to a new assignment. The Court said, ". . . the commissioner exercised his inherent managerial power to assign and transfer superior officers. The commissioner's authority is derived from St. 1906, c. 291 as amended by St. 1962, c. 322, §1 . . . , in particular §10, which grants the commissioner 'authority to appoint . . . and organize the police . . . [and to] appoint . . . captains and other officers as he/she may from time to time deem proper,' and §11 giving the commissioner 'cognizance and control of the government, administration [and] disposition . . . of the department . . .'". The court concluded "the provisions of c. 291 prevail over Article XII, §3 [in the collective bargaining agreement] which purports to limit the commissioner's authority to assign superior officers by delineating the procedures for promoting officers from a district in which a temporary vacancy occurs and for which no civil service list exists, based on qualifications, ability and seniority. Berkshire Hills, 375 Mass. 522, 377 N.E.2d 940 (1978)." 3 PRACTICE POINTERS The 1998 amendments to c. 150E were aimed at depriving the Boston Police Commissioner of some of his or her powers to override the terms of a collective bargaining agreement. It is possible that future court decisions in this area wil address whether some of the Commissioner’s rights (and possibly those of all chiefs) are inherent and are not dependent on certain statutes for their existence. Commonwealth of Massachusetts
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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 50 and 51: Good Faith 4-15 impasse is reached
Page 52 and 53: Good Faith 4-17 1 Harwich School Co
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
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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
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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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