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Bargaining Unit Work 8-9 33 Safeway Stores, Inc., 95 LA 668 (Goodman 1990) 34 See, Town of Acushnet, 11 MLC 1423 (1985). 35 Champion International Corp., 91 LA 245 (Duda 1988). 36 Town of Marblehead, 12 MLC 168 (1985). 37 Id. 38 Town of Dennis, 26 MLC 203, 204 (2000); Town of Hudson, 25 MLC 143, 148 (1999). 39 Holyoke School Committee, 12 MLC 1443, 1452 (1985), citing City of Everett, 2 MLC 1471, 1476 (1976), affd. Labor Relations Commission v. City of Everett, 7 Mass. App. Ct. 826 (1979). 40 Bd. of Regents, 19 MLC 1248 (1992); Melrose Sch. Comm., 9 MLC 1713 (1983). 41 City of Boston, 7 MLC 2013 (1981). 42 See, e.g., Comm. of Mass., 21 MLC 1029 (1994); Boston School Comm., 4 MLC 1912 (1978); Town of Marblehead, 12 MLC 168 (1985). 43 Town of Acushnet, 11 MLC 1425 (1985). 44 Comm. of Mass., 21 MLC 1039 (1994); Mass Board of Regents, 19 MLC 1485, 1487-88 (1992). 45 Fireboard Products Inc. v. NLRB, 379 U.S. 203, 85 S.Ct. 398 (1964). See also, Comm. of Mass., 17 MLC 1282 (1991); City of Boston, 4 MLC 1202 (1977). 46 City of Lowell, 25 MLC 33 (1998). 47 Id. 48 City of Gardner, 10 MLC 1218, 1218 (1983). 49 Comm. of Mass., 21 MLC 1039 (1994). 50 Boston School Committee, 4 MLC 1912, 1915 (1978), as cited in City of Gardner, 10 MLC 1218, 1221 (1983). 51 City of Gardner, 10 MLC 1218, 1219 (1983). See, e.g., Comm. of Mass., 21 MLC 1029 (1994) (employer refused union’s repeated requests to bargain); Town of Marblehead, 12 MLC 1668 (1985) (employer gave notice, but then refused union’s request to bargain). Massachusetts Municipal Police Training Committee
CHAPTER 9 - REORGANIZATION A governmental employer's decision to reorganize a department is within its managerial prerogative. 1 A public employer may exercise its managerial prerogative to determine the nature and level of its services without first bargaining over this decision with its employees' exclusive collective bargaining representative. 2 This is the case even where the reorganization involves transferring bargaining unit work to a position outside the bargaining unit. 3 A public employer still must negotiate over the impacts of a core governmental decision on mandatory subjects of bargaining prior to implementation. 4 Such duty to impact bargain generally includes the duty to reach agreement or impasse with the union prior to implementation of the reorganization decision. 5 In an effort to reduce costs and/or free up uniformed public safety employees, some departments have considered utilizing civilian dispatchers in place of sworn personnel. This can be done in an individual department or could involve combining one or more public safety dispatch functions into a central communications center. So long as the proper procedures are followed, this can be done at almost any time. As a general rule, the assignment of bargaining unit work to persons outside of the bargaining unit is a mandatory subject of bargaining. 6 An employer violates the Massachusetts Collective Bargaining Law, M.G.L. c. 150E, by unilaterally changing employees' terms or conditions of employment without providing the union with notice and an opportunity to bargain. 7 In order to prevail in a charge of prohibited practice (unfair labor practice) before the Labor Relations Commission (LRC), an employee representative (union) must prove that the work assigned constituted bargaining unit work and that the change had a substantially detrimental effect on the bargaining unit. 8 § 1 BARGAINING UNIT WORK In order to determine what constitutes bargaining work, an examination must first be made of the parties' collective bargaining agreement, or, if that is not conclusive, their past customs and practices. 9 In the private sector, management may argue that the reassignment of work out of the bargaining unit is lawful and requires no bargaining where 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
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Scope of Arbitration 2-9 leniency o
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Scope of Arbitration 2-11 20 Masach
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Subjects of Bargaining 3-2 When a p
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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 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 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 §
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Page 96 and 97: Sick and Injury Leave Rules 10-8 Up
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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
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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 13-21
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Workplace Rules and Practices 13-23
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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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