Management Rights - AELE's Home Page

More documents

Recommendations

Info

CHAPTER 7 - APPOINTMENTS The appointment of public safety (police and fire) employees is an inherent managerial prerogative that is not subject to arbitration. 1 An employer is free to determine non-discriminatory qualifications for job vacancies. There is no need to involve the union in this matter of managerial prerogative. However, the starting pay or step is a matter of union concern. If a municipal employer wants to hire someone at a rate or step different from that set by the collective bargaining agreement, it must so notify the Union. It may not be necessary to secure the union’s consent so long as the municipal employer provides notice and opportunity to bargain. While the cases are not clear, it is possible that bargaining in good faith to the point of agreement or impasse is all that is required. (A safer practice is to include a notation in a contract that management reserves this right. It is often easier to reach agreement when no one is about to be hired.) § 1 HIRING STANDARDS An employer does not need to bargain over hiring decision and qualification standards. Both the National Labor Relations Board (NLRB) and the Massachusetts Labor Relations Commission (LRC) have held that a union cannot insist on bargaining over terms and conditions of employment of persons who are not yet members of the bargaining unit. 2 In Allied Chemical Workers v. Pittsburgh Plate & Glass Co., 3 the Supreme Court said: The obligation to bargain extends only to the [wages, hours and] terms and conditions of employment of the employer’s employees in the unit appropriate for such purposes which the unit represents. Conditions imposed on applicants for a job, i.e., “conditions for hire”, are not subject to a bargaining obligation, because “mere applicants for hire, who have had no prior employment within the bargaining unit in question, are not ‘employees in the unit’ within the meaning of Section 5 of the Law.” 4 The LRC, in Boston School Committee 5 ,held that a public employer has no duty to bargain over a requirement which is purely a condition of hire. The LRC said: The law gives the exclusive representative the right to act for and negotiate agreements covering [only] employees in the unit. Mere Commonwealth of Massachusetts
Appointments 7-2 applicants for hire, who have had no prior employment within the bargaining unit in question, are not employees in the unit. The exclusive bargaining representative does not have the right . . . to bargain in behalf of such applicants. 6 The National Labor Relations Board has held that requiring drug and alcohol tests of all applicants was outside the scope of bargaining. 7 Similarly, the LRC, in the Boston School Committee case, made it clear that the employer can use any hiring criteria it wants as a condition of hire, so long as the criteria employed are not discriminatory. 8 Thus in Boston School Committee 9 and Town of Lee 10 , the LRC upheld residency requirements as a precondition to employment. Nevertheless, when an employer’s hiring decisions impact the terms and conditions of employment of existing bargaining unit members, the LRC has allowed the unions to challenge the practice. Challenges to an employer’s hiring practices generaly involve two types of disputes: 1) transfer of bargaining unit work to non-bargaining unit members, 11 and 2) imposing new obligations on applicants which carry over into employment. 12 The City of Lawrence case encompasses the first type of dispute. 13 There the employer alleged that its transfer of work (previously held by city bargaining unit members) to prisoners and welfare recipients was not an unlawful transfer of bargaining unit work because the transferees were not “hired” or “employed” by the city. 14 The ALJ rejected this defense, stating that the employer could not escape an unlawful transfer of bargaining unit work charge by claiming that the transferees were not “hired”. 15 The second type of dispute is more common. In City of Haverhill, the employer imposed a requirement on applicants that they take a psychological examination, the results of which were not made known until after the applicant became employed. 16 The Hearing Officer noted the general rule that an employer’s hiring practices cannot be the subject of debate or bargaining with the union, but stated that the psychological testing requirement in Haverhill was more of a “condition for continued employment” than a “condition of hire”. Thus, “once the employer hires an applicant, even conditionally, and that person performs work for wages, the individual has become a bargaining unit member, thus dissipating the ‘mere applicant’ rationale.” 17 In Haverhill, the “applicants” had actually been employed for five months at the time they were terminated based on the results of the psychological examination. The Hearing Oficer found that the employer’s imposition of the test without Commonwealth of Massachusetts
Page 2 and 3:
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 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 60 and 61: CHAPTER 6 - PROMOTIONS The promotio
Page 62 and 63: Promotions 6-3 list is due to expir
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
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
Page 110 and 111: CHAPTER 13 - WORKPLACE RULES AND PR
Page 112 and 113: Workplace Rules and Practices 13-3
Page 114 and 115:
Workplace Rules and Practices 13-5
Page 116 and 117:
Page 118 and 119:
Page 120 and 121:
Page 122 and 123:
Page 124 and 125:
Page 126 and 127:
Page 128 and 129:
Page 130 and 131:
Page 132 and 133:
Page 134 and 135:
Changing Schedules 14-2 § 1 CONTRA
Page 136 and 137:
Changing Schedules 14-4 legitimate
Page 138 and 139:
CHAPTER 15 - MINIMUM STAFFING The n
Page 140 and 141:
Minimum Staffing 15-3 that “a min
Page 142 and 143:
Minimum Staffing 15-5 1 Chapter 594
Page 144 and 145:
Benefits, Compensation and Leaves 1
Page 146 and 147:
Page 148 and 149:
Page 150 and 151:
Page 152 and 153:
Page 154 and 155:
Page 156 and 157:
Page 158 and 159:
Employee Performance 17-2 The emplo
Page 160 and 161:
Employee Performance 17-4 compellin
Page 162 and 163:
Employee Performance 17-6 37 See se
Page 164 and 165:
APPENDIX A-2 SAMPLE NOTICE FORM (OP
Page 166 and 167:
APPENDIX A-4 SAMPLE NOTICE FORM (OP
Page 168 and 169:
APPENDIX A-6 SAMPLE FORM 5 SAMPLE D
Page 170 and 171:
APPENDIX A-8 6. The employee to be
Page 172 and 173:
APPENDIX A-10 CONSENT I agree that
Page 174 and 175:
APPENDIX A-12 to maintai
show all

Management Rights - AELE's Home Page

Create successful ePaper yourself

Delete template?

Save as template?