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Bargaining Unit Work 8-3 private sector rather than performed by bargaining unit personnel. Similarly, an employer may desire to transfer bargaining unit work to other municipal employees outside of the bargaining unit. An employer's decision to transfer bargaining unit work to non-unit personnel and the impacts of that decision are mandatory subjects of bargaining that trigger the bargaining obligation defined in School Committee of Newton. 17 This was the case where the Saugus Police Department decided to transfer vehicle repair duties to the DPW garage once the full-time police officer mechanics retires after thirty years on the job. 18 Even though certain work (transmissions, etc.) had been contracted out, the LRC found that the “shared work” exception did not apply. The town was required to restore the position and bargain to agreement or impasse before transferring out such work. In a 2002 case involving the State Police Crime Lab, the Labor Relations Commission found that on-call duty for the purpose of receiving calls from the DEA to assist in clandestine lab investigations was exclusively bargaining unit work. 19 In addressing the second element of the Commission's analysis, the Commonwealth argued that the Union has suffered no adverse impact as a result of the alleged transfer of work, because the affected chemists continued to receive on-call pay and overtime associated with responding to the clandestine lab requests, and because managers did not perform the duties of the DEA-trained chemists at clandestine labs. A bargaining unit suffers an adverse impact whenever it loses an opportunity to perform work in the future. 20 The LRC noted that after the Commonwealth rescinded the on-call list, the bargaining unit lost the opportunity to earn on-call pay at the same level as it had prior to the change. Therefore, the evidence established that the revocation of the list directly and adversely impacted the bargaining unit's ability to earn oncall pay in the future. In addressing the third factor in the transfer of bargaining unit work analysis, the Commonwealth argued that it had no obligation to bargain over the alleged transfer of work because the Union contractually waived its right to bargain, maintaining that the parties already negotiated a stand-by provision in the parties' collective bargaining agreement. A contractual waiver must be knowing, conscious, and unequivocal. 21 In determining whether a union has contractually waived its right to bargain, the Commission will first examine the language of the contract. 22 The Commission has consistently held that an employer asserting the affirmative defense of contract waiver must show that the subject was consciously considered and that the union knowingly and unmistakably waived its rights to bargain. 23 Massachusetts Municipal Police Training Committee
Bargaining Unit Work 8-4 The Commonwealth additionally contended that it had no duty to bargain with the Union because revocation of the on-call list was a managerial decision concerning the provision of services. Decisions concerning the deployment of public services are management prerogatives, not subject to bargaining. 24 (City's decision to provide fire prevention inspections at a vacant school building constitutes a level of services decision) 25 ; (the number of custodians assigned to each building is a managerial decision) 26 ; (decision concerning whether to require police presence at certain construction details is a core governmental decision impacting the level of services to be offered.) Relying on Town of Dennis 27 , the Commonwealth asserted that due to the extremely low numbers of requests for assistance from the DEA with clandestine lab investigations, 24-hour on-call duty by chemists was no longer warranted. In Town of Dennis, the Commission found that the Town's decision to discontinue providing private police details at liquor service establishments was a level of service decision, and determined that the Town was only required to bargain over any impacts of that decision on bargaining unit members. 28 However, the LRC determined that this case does not concern a level of services decision because the DSP continues to provide 24-hour, seven day a week coverage for calls from the DEA requesting assistance with clandestine lab investigations. Moreover, the Commission has held that where the same services previously performed by unit employees are to still be used by the employer in its operations, but are to be performed by non-unit employees, the bargaining obligation will arise unless the employer can show a compelling nondiscriminatory reason why it should be excused from the obligation. 29 Although the Commonwealth alleged that the chemists' on-call duty for clandestine lab investigations was costly and unnecessary given the small number of requests for assistance from the DEA, the Commission did not find that these reasons to be sufficiently compelling to excuse its duty to bargain with the Union over the transfer of that on-call duty to management personnel. Lastly, the Commission noted that even if this case concerned a level of services decision, the Commonwealth was still required to bargain with the Union over the impacts of the decision to transfer stand-by duty. 30 There was no evidence that the Commonwealth bargained over the impacts of the decision to transfer on-call duty from bargaining unit members to management personnel. For all of the above reasons, the Commission concluded that the Commonwealth violated the Law by transferring on-call duty from bargaining unit members to non-unit personnel without first giving the Union notice and an opportunity to bargain to resolution or impasse. 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
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Scope of Arbitration 2-5 Northborou
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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 70 and 71: Appointments 7-7 union requests bar
Page 72 and 73: CHAPTER 8 - BARGAINING UNIT WORK A
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 13-15
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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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