Management Rights - AELE's Home Page

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).
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