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Sick and Injury Leave Rules 10-8 Upon returning to the residence, the officer will contact the Operations Division at 247-4590 to notify the Department that he/she has returned. Operations Division personnel and Commanding Officers shall maintain records of all telephone requests and whether granted; as well as report of return to residence, on the Department form provided for such purpose. Sick or injured officers must obtain permission for every absence from their residence until they return to work, including for time periods during which, if the officer were working, would be non-work hours or days off. Officers not in compliance with this order or away from their residence without permission, will receive no pay for the day of their absence, or, if normally a day off, no pay for the next regularly scheduled work day. In addition, they may be subject to discipline for violation of Department Rules and Regulations. The Bureau of Investigative Services, Staff Inspection Unit, and the Personnel Division shall be responsible for ensuring compliance with this order. § 3 MODIFYING I.O.D. BENEFITS There is a major distinction between modifying reporting requirements for injured on duty (IOD) leave, and attempting to change eligibility criteria or benefit levels under Chapter 41, § 111F. While the former (changes in eligibility criteria) may be effected through notice and impact bargaining where requested, the latter (changes in benefit levels) requires agreement-- generally following regular contract negotiations. Certain statutes may be superseded by the provisions of a collective bargaining agreement. Among those statutes listed in Chapter 150E § 7(d) is the injured on duty statute for police and fire employees -- Chapter 41 § 111F. By securing the agreement of the union -- or probably even through an arbitration award following Joint Labor-Management Committee (JLMC) involvement -- the terms of § 111F may be modified or, presumably, even eliminated. Even though G.L. c.32, §5 requires public employers to establish an Early Intervention Plan (EIP), they may not deal directly with employees and bypass the union about mandatory subjects such as hours, duties, etc. 33 Commonwealth of Massachusetts
Sick and Injury Leave Rules 10-9 The Labor Relations Commission and the courts are reluctant to find a waiver of bargaining rights or an outright modification of § 111F in the absence of clear language in a collective bargaining agreement. The Massachusetts Appeals Court first addressed the issue of a possible agreement to supersede § 111F by the language in a collective bargaining agreement in the case of Rein v. Marshfield. 34 While recognizing the ability of the parties -- as specified in Chapter 150E § 7(d) -- to do so, the Supreme Judicial Court confirmed the position the Appeals Court took in Rein in the SJC's 1989 decision entitled Willis v. Board of Selectmen of Easton. 35 In that case the court stated, "We are reluctant to construe a collective bargaining agreement as one which overrides statutory provisions absent clear language expressing that intent." The Labor Relations Commission similarly has ruled that it will not find a waiver without evidence of a "knowing, conscious and unequivocal" surrender by the union of its rights to bargain. 36 When it comes to overriding § 111F, even the language of a strong but general Management Rights clause probably would be insufficient. The Commission has repeatedly found that vague, generally worded Management Rights clauses are ineffective to justify unilateral actions by management on a variety of much less important issues. It is, therefore, logical to conclude that unless the contract contains language specifying an agreement to supersede § 111F, neither the Commission nor the courts will find that the injured on duty statute has been overridden. PRACTICE POINTERS The following is a draft Injured on Duty proposal which would radically alter many of the elements of § 111F. Some parts might be proposed as impact bargaining items, while others would require regular negotiations. This is provided only as an example of topics which a municipal employer might consider including in its contract negotiations proposal. A chief should not attempt to use it without consulting labor counsel. SAMPLE INJURED ON DUTY ARTICLE Only an employee who is injured while responding to a call for service or providing such service when appropriate or required to do so by department rules, regulations, policies or procedures may, subject to the following, be eligible for a leave without loss of pay for the duration of any resulting disability which precludes such individual from performing his normal duties or any assignment which the Chief may make which is not inconsistent with the employee’s training or ability. Employees who wish to apply for leave without loss of pay may do so by completing an application form supplied by the Department prior to the end of a shift or tour of duty on which the injury or illness occurs. Massachusetts Municipal Police Training Committee
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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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Subjects of Bargaining 3-4 § 2 NON
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Subjects of Bargaining 3-6 each new
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Subjects of Bargaining 3-8 47 Whitm
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CHAPTER 4 - “GOOD FAITH” Both t
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Good Faith 4-3 A. REFUSAL TO NEGOTI
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Good Faith 4-5 When a contract is i
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Good Faith 4-7 assignments an inher
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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 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
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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
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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
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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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