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Sick and Injury Leave Rules 10-10 Pending a determination of eligibility for injured on duty leave, an employee may be placed on sick leave. Individuals requesting injury leave will cooperate in the Department's investigation, including, but not limited to, providing information concerning the circumstances of the occurrence causing the alleged disability and supplying or authorizing access to medical reports. Employees will submit to an examination by a municipally-designated physician, when instructed to do so. The following will not constitute on duty time, and injuries occurring at such times will therefore not be considered to have occurred in the line of duty: traveling to or from work (whether at the station or other place of assignment); traveling to or from paid details, court, any place of training or a mutual aid assignment; and during meal or coffee (rest) or other work breaks. No injured on duty leave will be allowed where the disability results from the use of drugs or alcohol, where the employee was negligent, where the employee was violating any departmental rule, regulation, policy or procedure, or was violating any law or by-law/ordinance. In computing the pay to which a disabled employee is entitled, base pay only will be used. Compensation will not include education incentive, specialist pay, shift differential, holiday pay, hazardous duty pay, longevity or other extra pay to which an individual might otherwise have been entitled in addition to base pay. No uniform allowance will be paid to or on behalf of persons absent on injury leave for more than six (6) months during any fiscal year. Those injured through fault of their own will not be eligible for disability leave. For the purpose of this Article, fault shall mean any negligent or intentional conduct of the employee which is the primary factor contributing to the injury. Disabled persons will, upon request, turn in their weapons and any departmentally issued property or equipment. For administrative purposes, injured employees will be deemed to be assigned to the day shift. Therefore, should the individual be required to confer with department or municipal officials, attend court in connection with pending cases, or submit to an examination, or perform similar activities, no requirement for extra compensation will be involved. Commonwealth of Massachusetts
Sick and Injury Leave Rules 10-11 Persons who are disabled as a result of an accident rather than a workrelated assault or similar trauma, will receive leave at sixty (60%) percent of their regular base pay, and for a period not to exceed thirty (30) days. Thereafter, regular sick leave may be taken if a sufficient amount is available. Persons who fail to complete the department's annual Wellness Program recommendations in a timely manner will not be eligible for injury leave unless the disability results from a work-related trauma occurring through no fault of the employee while responding to a call for or situation requiring services and which cannot be termed "accidental". It is recognized that the provisions of this Article are at variance with the terms of M.G.L. c. 41, § 111F. Pursuant to M.G.L. c. 150E, § 7(d), the provisions of this Article will, therefore, supersede and entirely replace those of c. 41, § 111F which, by agreement of the parties, will no longer apply to members of the bargaining unit covered by this collective bargaining agreement. § 4 INVOLUNTARY RETIREMENT After years of uncertainty, in 1997 the Massachusetts Appeals Court clarified the authority of a chief in filing an application for involuntary retirement. 37 The City of Lynn appealed an LRC decision that found the City guilty of a prohibited practice when the Fire Chief applied for and caused the superannuation retirement of a firefighter in 1989. The Commission held that it was a unilateral change in a working condition. This is because previously disabled firefighters had been allowed to remain on IOD leave (M.G.L. c. 41, §111F) while appealing a denial of their application for a disability pension. The Appeals Court noted that the statute that gives chiefs the discretion to file for involuntary retirement (M.G.L. c. 32, §16(1)(a) is not among those listed in c. 150E, §7(d) as subject to being superseded by the terms of a collective bargaining agreement. The Court ruled that the chief’s authority to file an involuntary retirement application is a matter of exclusive managerial prerogative. It noted that a different result might follow if the chief’s action were taken in retaliation for protected union activities. 38 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
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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
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Page 110 and 111: CHAPTER 13 - WORKPLACE RULES AND PR
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Page 134 and 135: Changing Schedules 14-2 § 1 CONTRA
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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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