[681] Commonwealth Employment Relations Board v. Boston Teachers Union, 74 Mass App. [666] Shrewsbury School Committee, 26 MLC 103 (2000) (CERB concluded that a strike existed based on the fact that over 50% of workforce was absent and that the “Crisis Team” recommended that bargaining unit members report in sick); Boston School Committee, 14 MLC 1406 (1987); Wakefield Municipal Light Dept., 13 MLC 1521 (1987); Town of Abington, 12 MLC 1084 (1987) (100% of employees absent from same shift claiming illness); cf.

[683] Andover School Committee, 40 MLC 1 (2013). ▶ Start forum discussions, submit articles, and more... about | donate | help out | submitting content | other languages | a-z | contact us | site notes, I. [668] Boston Teachers Union, Local 66, 33 MLC 133 (2001), aff’d sub nom. [661] Peabody School Committee, 15 MLC 1147 (1988). [698] Boston School Committee, 33 MLC 138 (2007), aff’d sub nom. Section 15 also permits the employer to invoke employee discipline and discharge proceedings without first petitioning the CERB under Section 9A(b) of the Law. Top-requested sites to log in to services provided by the state.

[706], Section 15 of the Law prohibits public employers from compensating employees for any day, or part thereof, when the employees are engaged in a strike. We will use this information to improve the site.

276 (1984). [665] Hanover School Committee, 15 MLC 1182 (1988); Tewksbury School Committee, 12 MLC 1353 (1985); but see Shrewsbury School Committee, 26 MLC 103 (2000) (the absence of picketing by employees during work hours is not fatal to a showing that a strike is occurring).

[686] Lawrence School Committee, 26 MLC 3 (1999). [706] Town of Braintree, 8 MLC 1825 (1982), aff'd sub nom. Evidence of a violation includes: If an employer alleges that a union's parent or affiliate organization has also violated Section 9A(a), it must introduce sufficient facts to establish such involvement. To determine whether public employees are engaged in a strike or withholding services the CERB considers three factors: Conditions of employment are defined as “not only those duties specifically mentioned in an existing or recently expired collective bargaining agreement (or personnel policies in effect for more than one year), but also those practices not unique to individual employees which are intrinsic to the position or which have been performed by employees as a group on a consistent basis over a sustained period of time.”[657].

The strike took place just weeks after South Africa’s govern-ment spent billions on hosting the FIFA World Cup, the biggest sporting event in the world. [699] Boston School Committee, 33 MLC 138 (2007). If you're not sure if something is appropriate for the library, please ask in the feedback and content forum. [658] City of Newton, 13 MLC 1462 (1987); City of Beverly, 3 MLC 1229 (1976); but see Town of Arlington, 3 MLC 1276 (1976) (where overtime is required by contract or is emergency in nature, concerted refusal to work such overtime may constitute a violation). Union officials’ remarks indicating the existence of a strike vote by union members. Your feedback will not receive a response. [658], A concerted refusal to perform a task that is purely voluntary or within employees’ discretion is not a strike. [697] Director, Division of Employee Relations v. Labor Relations Commission, 370 Mass. Ct. 500 (2009). Development of the Mass Strike Movement in Russia IV. [676] Lowell School Committee, 15 MLC 1151 (1988).

The following situations involve interim orders: An unlawful work stoppage designed to affect the conduct of collective bargaining may also violate Section 10(b)(2) of the Law.[702]. Picketing by union officials during work hours. [705] Labor Relations Commission v. Chelsea Teachers’ Union, Local 1340, 400 Mass. 120 (1987). [675], The absence of a picket line or lack of a formal union endorsement of the strike does not shield the union from liability for condoning the alleged activity. ures. [689] King Philip Regional School Committee, 37 MLC 81 (2010). [682], The concerted withholding of services, which are not duties as so defined, is protected activity. [700] Id., Shrewsbury School Committee, 26 MLC 103 (2000); Sharon School Committee, 14 MLC 1410 (1988). 465 (1981). App. Commonwealth Employment Relations Board v. Boston Teachers Union, Local 66, 74 Mass. [672] Quincy School Committee, 12 MLC 1675 (1986). App. [688], Teachers’ alleged refusal to perform certain tasks, such as entering grades into grade database, writing recommendations, and teaching independent studies was not a violation where the evidence failed to show that teachers consistently used the grade database, were required to do so, or that they had stopped actually writing recommendations. [707] The employer's action may be reviewed by the CERB in the context of a prohibited practice charge.[708]. The Interaction of the Political and the Economic Struggle, V. Lessons of the Working-Class Movement in Russia Applicable to Germany, VI.

Lenox Education Association v. Labor Relations Commission, 393 Mass. Section 9A(a) of the Law prohibits public employees and employee organizations from striking or inducing, encouraging, or condoning a work stoppage by public employees. How much do you agree with the following statements in the scale of 1, Strongly Disagree, to 5, Strongly Agree? Commonwealth Employment Relations Board v. Boston Teachers Union, Local 66, AFT, AFL-CIO, 74 Mass. Would you like to provide additional feedback to help improve Mass.gov? Logged in users: ▶ Can comment on articles and discussions The Role of the Mass Strike in the Revolution VIII. [685], Teachers’ refusal to teach summer school classes and attend professional development program at the end of the school year was not an unlawful strike because there was no express or implied contract between the school committee and the union requiring teachers to teach classes, there was no evidence that the school committee required teachers to teach these classes, and the duties were not intrinsic to the position. [688] University of Massachusetts, 28 MLC 91 (2001). Co-operation of Organised and Unorganised Workers Necessary for Victory, VII. [689], Where the contract made clear that acceptance of on-call assignments was purely voluntary, the concerted refusal of housing inspectors to perform on-call assignments did not constitute an unlawful strike or withholding of services. The Interaction of the Political and the Economic Struggle V. Lessons of the Working-Class Movement in Russia Applicable to Germany VI. Such evidence has included the bargaining unit members’ unanimous approval of a motion approved by the union’s executive board to authorize a strike vote scheduled to take place five weeks later, the fact that the union’s bylaws contained a provision stating, “A general membership meeting is the only body which may accept or reject contracts or call a work stoppage,” and other evidence that the union was advocating and preparing for a strike. [671], Statements made by an affiliate’s representative do not amount to encouragement of a strike where the remarks referred only to an, A union did not induce, encourage, or condone a strike where the union did not advocate on its website that employees call in sick (unlike another job action that union was advocating for at the same time), and union president told at least one other union official that he thought a sick-out was a “bad idea.”[673], The union’s participation in picketing or demonstrations, or the distribution of leaflets announcing the cancellation of a work day during a work stoppage or explaining the reasons for the work stoppage, is evidence of inducing and encouraging a strike. [691], Where waiting for an actual strike vote to take place does not leave sufficient time for the employer to meaningfully engage the process set forth in Section 9A to prevent a strike from occurring, the CERB does not require a strike vote as a per se prerequisite to its finding that a strike is about to occur. III.

[687], Graduate students’ refusal to turn grades in by noon on a specific day was not an unlawful withholding of services where, although various memos and the school calendar specified the noon deadline, evidence showed that graduate students had not met the deadline in the past without being disciplined, and other graduate students who were not participating in grade “embargo” also turned in grades late.

[700], The CERB may retain jurisdiction to further investigate allegations against named respondents who were not served with notice of the investigation. download 1 file . Employees are engaged in a strike in violation of Section 9A(a) of the Law if they abstain in whole or in part from the performance of duties: When an employer fails to establish, communicate and/or enforce rules governing the duties that employees are obligated to perform, employees or unions who withhold, or urge or condone the withholding of those services have not engaged in an illegal work stoppage within the meaning of Section 9A(a). Lenox Education Association v. Labor Relations Commission, 393 Mass. If you have an ebook reader or a Kindle, check out our guide to using ebook readers with libcom.org. [703] Specifically, the courts have held: [703] Commonwealth Employment Relations Board v. Boston Teachers Union, 74 Mass. [690], The CERB traditionally limited the application of this provision to situations where no further union action is necessary before a strike begins, e.g., when an actual strike vote has taken place. [701] City of Medford, 11 MLC 1107 (1984). 276 (1984). App. Commonwealth Employment Relations Board v. Boston Teachers Union, Local 66, 74 Mass. Evidence also showed that teaching independent studies was a voluntary task that was not intrinsic to the position. [708] Lenox School Committee, 7 MLC 1761 (1981), aff’d sub nom.



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