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Appointments 7-7 union requests bargaining in a timely manner, the employer is free to recruit and hire consistent with the pay specified in the notice. It may not be possible to utilize mid-term bargaining where the employer wants to change the entry-level pay for a position which is already covered by the existing contract. If the union refuses to discuss a proposed change, management may have to wait until successor contract negotiations get started. Massachusetts Municipal Police Training Committee
Appointments 7-8 1 Chapter 730 of the Acts of 1977. 2 Allied Chemical Workers v. Pittsburgh Plate & Glass Co., 407 U.S. 157, 92 S.Ct. 383 (1971). 3 Id. 4 Boston School Committee, 3 MLC 1603, 1608 (1977). See also, Town of Lee, 11 MLC 1274, 1276, n. 5 (1984). The LRC has decided a number of cases that find an exception to this rule, however. See, e.g., Dracut School Committee, 13 MLC 1055 (1986) (finding that employer violated law by unilaterally changing the salary caps for newly hired employees). Wages will be discussed further in another section of this Chapter. 5 Boston School Committee, 3 MLC 1063 (1977). 6 Id. at 1068. See, Chelmsford Sch. Admin. Assoc., 8 MLC 1515 (1981); Saugus Sch. Comm., 7 MLC 1849 (1981); Town of Randolph, 8 MLC 2044 (1984) 7 Star Tribune, 295 NLRB 63 (1989). 8 Boston School Committee, 3 MLC 1603. Discrimination will be covered in a later chapter. 9 Id. 10 Town of Lee, 11 MLC 1274 (1984). But see, City of Worcester, 5 MLC 1414 (1978) (holding that City did have duty to bargain over imposition of residency requirement as a condition of continued employment). 11 See Lawrence, 21 MLC 1691 (1995). 12 See Lowell School Committee, 22 MLC 1321 (1996). 13 City of Lawrence, 21 MLC 1691 (1995). 14 Id. at 1694. 15 Id. 16 City of Haverhill, 16 MLC 1077 (1989). 17 Id. at 1082. See also, Lockheed Shipping Co., 273 NLRB 1711, 118 LRRM 1254 (1984). 18 City of Haverhill, 16 MLC at 1083. See also, Lowell School Committee, 22 MLC 1321, 1325 (1996) (ALJ holding that School Commitee’s change in the method of appointing coaches and advisors, who had previously been appointed until they chose to relinquish the position and who now had to undergo reappointment procedures, constituted an unlawful unilateral change in working conditions). 19 City of Lowell, 12 MLC 1656 (1986) (holding that it was employer’s managerial prerogative to reestablish a position previously eliminated). 20 City of Leominster, 17 MLC 1391 (1991). 21 Boston School Committee, 3 MLC 1063 (1977) 22 See School Commitee of Lowel v. Local 159, Service Employees Int’l Union, 42 Mass.App.Ct. 690, 679 N.E.2d 583 (1997);School Commision of Peabody v. Peabody Fed’n of Teachers, Local 1289, 51 Mass.App.Ct. 909, 748 N.E.2d 992 (2001); School Committee of Newton v. Newton School Custodians Association, Local 454, SEIU, 438 Mass. 739, 784 N.E.2d 598 (2003). 23 Id. 24 Town of Lee, 11 MLC 1274 (1984). See, City of Worcester, 5 MLC 1414 (1978) (held Town did have obligation to bargain over imposing a residency requirement as a condition of continued employment.) 25 Star Tribune, 295 NLRB 63 (1989). 26 City of Haverhill, 16 MLC 1077 (1989). 27 City of Haverhill, 16 MLC 1077 (1989). 28 Melrose School Committee, 3 MLC 1299 (1976); Northeast Reg. Sch. Dist., 1 MLC 1075 (1974). 29 Boston School Committee, 10 MLC 1410 (1984). 30 Dracut School Committee, 13 MLC 1055 (1986). 31 Natick School Committee, 11 MLC 1387 (1985). 32 Dracut School Comm., 13 MLC at 1057. 33 See, School Committee of Hanover v. Curry, 369 Mass. 683, 343 N.E.2d 144 (1976). 34 Dracut School Committee, 13 MLC at 1058 citing Blue Hills Regional School District, 3 MLC 1613 (1977). 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
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Management Rights 1-2 management ri
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Management Rights 1-4 organized pub
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Management Rights 1-6 arbitrate a d
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CHAPTER 2 - SCOPE OF ARBITRATION Mu
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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 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 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
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Workplace Rules and Practices 13-11
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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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