Elizabeth Ford

Summary

In Massachusetts there are several areas of difference in the treatment of police and non-police collective bargaining. They include the following:

  • Interest Arbitration. In Massachusetts police and fire bargaining units are entitled to interest arbitration to resolve bargaining disputes. Other employees have access to a less powerful non-binding fact finding process. All public employees are prohibited from striking.
  • Transparency of Rules and Agency Processes. The rules that govern police impasse procedures are hidden in a law that was passed in 1987 and never codified, creating a “if you know, you know” process for police.
  • Use of Impact Bargaining. While the rules of bargaining are similar for police and non-police units, the Commonwealth Employment Relations Board (CERB) is far more likely to use impact bargaining to impose the obligation in the police setting than the non-police setting.
  • Disciplinary Rules and Processes. CERB finds many more disciplinary rules to be subject to bargaining for police than non-police units.
  • Non-Delegation. There is a powerful non-delegation doctrine in Massachusetts which is mostly used by CERB to limit bargaining over changes to duties in police and fire units

Fact Sheet

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