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Budget Recommendations
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Outside Section 171
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Management Reforms
SECTION 171.
Chapter 150E of the General Laws, as so appearing, is hereby amended by striking section 6 and inserting in place thereof the following section:-
Section 6. The employer and the exclusive representative shall meet at reasonable times, and shall negotiate in good faith with respect to wages, hours, and working conditions; provided, however, the obligation to bargain under this section shall not compel either party to agree to a proposal or make a concession. Notwithstanding the foregoing, the employer shall have no authority to bargain collectively over and shall have no authority to enter into a collective bargaining agreement with respect to matters of inherent management right which shall include the right:
(i) to direct, appoint, and employ officers, agents, and employees and determine the standards therefore.
(ii) to discharge and terminate employees subject to the provisions of clauses (a) and (b).
(a) No action set forth in this section (ii) shall be sustained if, in a proceeding invoked by clause (b), the employee shall establish by a preponderance of the evidence that it was based upon race, color, religion, sex, age, national origin, handicapping condition, martial status, sexual orientation or political affiliation or activities or union activities or union organizing of the employees; a reprisal against the employee for disclosure of information by an employee which the employee reasonably believes evidences a violation of any law, rule or regulation or mismanagement, a gross waste of funds or abuse of authority; a reprisal against any employee for the refusal of any person to engage in political activity.
(b) The parties may include in any written agreement a grievance procedure culminating in final and binding arbitration which may be invoked in the event that any employee of the employer is aggrieved by an action to discharge or terminate the employee for any of the above-cited reasons;
(iii) to plan and determine the levels of service provided by the employer;
(iv) to direct, supervise, control and evaluate the departments, units, and programs of the employer; to classify positions and ascribe the duties and standards of productivity;
(v) to develop and determine levels of staffing and training;
(vi) to determine whether goods or services should be made, leased, contracted for, or purchased on either a temporary or permanent basis;
(vii) to assign or apportion overtime;
No employer shall collectively bargain over and shall have no authority to enter into a collective bargaining agreement that shall accord any rights related to the seniority or longevity of employees.
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