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CHAPTER 6 - PROMOTIONS The promotion of public safety (police and fire) employees is an inherent managerial prerogative which is not subject to arbitration. 1 A municipal employer must provide the union (or other bargaining representative) with notice of any proposed change in the procedures to be used in making promotions to positions within the bargaining unit and to certain “nonunionized” positions outside of the bargaining unit. If the union makes a timely demand to bargain, the employer must engage in good faith negotiations until reaching either agreement or impasse before implementing the proposed changes. Typically the use of psychological exams, interview panels, assessment centers, oral or written exams or similar screening devices for the first time will trigger a bargaining obligation, as will any substantive change on these areas. § 1 MANDATORY SUBJECT The Labor Relations Commission has ruled that the procedures and requirements for promotion within the bargaining unit are mandatory subjects of bargaining. 2 However, to the extent that a proposal would violate a Civil Service provision (or presumably some other statute not listed in M.G.L. c. 150E, § 7(d)), it would not be mandatorily bargainable. 3 As noted above, the statute which describes the authority and procedure of the Joint Labor-<strong>Management</strong> Committee (JLMC) makes it clear that the right to promote is an inherent managerial prerogative. A variety of promotional procedures have been found to be mandatory subjects of bargaining. For example, changed reliance on exams 4 , psychological testing 5 , new procedures 6 , and an added new evaluation procedure 7 . § 2 BARGAINING OBLIGATION A public employer violates G.L. c. 150E, § 10(a)(1), (5), if it unilaterally alters a condition of employment involving a mandatory subject of bargaining without first giving the union representing its employees notice and an opportunity to bargain to agreement or good faith impasse. “A failure to meet and negotiate when there is a duty to do so and unilateral action without prior discussion can constitute an unlawful refusal to bargain, without regard to the party’s good or bad faith.” 8 Commonwealth of Massachusetts
Promotions 6-2 The obligation to bargain usually arises in the context of a management decision (or proposal) to institute new promotional requirements or procedures. For example, if promotions to a rank within the same bargaining unit have always been made in generally the same way, an existing condition of employment may be found by the Commission. In order to make a substantive change, the exclusive bargaining representative of the employees must be given notice of a planned or proposed change and the opportunity to request and engage in bargaining. The obligation to negotiate in good faith does not require parties to reach agreement or make a concession. 9 1) Notice Notice must be sufficiently clear so as to afford the union the opportunity to decide whether to request/demand bargaining. 10 It is not sufficient to discuss the matter with certain bargaining unit representatives. 11 Unless the union leadership has been provided actual notice, it is unlikely that the Commission will find that adequate notice has been given. 12 Vague reference to the proposed change will not suffice. 13 The timing of such notice must be sufficiently in advance of the proposed change that the union has the ability to decide whether to forward a demand to bargain to the municipal employer. 14 Failure to make a timely demand to bargain may be found to constitute a waiver on the union’s part, thus enabling management to implement its proposed change without further involvement with the union. 15 2) Opportunity to Bargain Once a timely demand has been made, the employer and the union must engage in good faith negotiations. 16 So long as such negotiations are in progress, the status quo should be preserved. 17 Upon reaching agreement or impasse, the employer may implement the change. 18 Similarly, should the union fail to negotiate in good faith, the employer may stop negotiating and implement its proposal. 19 Whenever the employer implements a change without the union’s agreement in such cases, it should use its pre-impasse position as the basis for such implementation. 20 Where an externally imposed deadline is involved, the length of any such negotiations may be curtailed. 21 For example, where a vacancy occurs in a rank for which the Civil Service eligibility Commonwealth of Massachusetts
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PREFACE Municipal officials and dep
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INTRODUCTION Public safety unions h
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Table of Contents ii § 2 Entry-Lev
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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 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 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
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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
Page 104 and 105: Light Duty 11-4 § 2 INJURED ON DUT
Page 106 and 107: Light Duty 11-6 1 Votour v. City of
Page 108 and 109: 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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