Management Rights - AELE's Home Page

Assignment 5-4
condition of re-issuance of the officer's service revolver since this involved
a matter of public safety.
The arbitrator's finding that the officer had recovered from his illness and
that he was now performing well and should be reassigned to the streets
was void in the absence of a showing that the Commissioner had abused
his managerial powers, e.g., motivated by personal hostility.
An earlier decision determined that the Commissioner was authorized to
assign civilians to ride in police cruisers without any obligation to provide
notice or an opportunity for comment to the union. 11
Despite the fact that an employer has the right to determine staffing levels,
it may be required to bargain over the impact of a change on mandatory
subjects of bargaining. For example, the Town of Mansfield was required
to reinstate and make up lost compensation to three patrol officers after it
eliminated their positions from the department’s split shift without
providing the union with notice and the opportunity to bargain. 12
Although decision to assign prosecutorial duties, subject only to authority
of Attorney General and district attorney, was exclusive managerial
prerogative of town and not proper subject for collective bargaining, town
was required to bargain over impact of decision which would not interfere
with town's right to determine policy. 13
Commonwealth of Massachusetts