Management Rights - AELE's Home Page

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