We have previously discussed what constitutes a violation of ยง 7 (b ) and its statutory predecessor. We have held that an employer fails to comply with the statute when the employer refuses even to submit a request for appropriations to the appropriate legislative body, Boston Teachers Union, Local 66 v. School Comm. of Boston , 370 Mass. 455, 474โ475, 350 N.E.2d 707 (1976) (mayor required to transmit school committee's request for appropriations to city council, notwithstanding mayor's special veto power);Mendes v. Taunton , 366 Mass. 109, 118โ119, 315 N.E.2d 865 (1974) (successor mayor must submit request to city council even though predecessor negotiated collective bargaining agreement), or when the employer submits a request that makes full funding of the agreement contingent on voters passing an override to cover a budget shortfall, Local 1652, Int'l Assoc. of Firefighters v. Framingham , 442 Mass. 463, 464, 813 N.E.2d 543 (2004)(Framingham ) (officials did not fulfil obligation under ยง 7 [b ] where budget submitted to town meeting made full funding of collective bargaining agreement contingent on voters passing property tax override). We have also held that although successor officials must submit the request, they may not be compelled to publicly support a collective bargaining agreement negotiated by their predecessors, because the successor officials' "constituents are entitled to the unfettered exercise of their judgment on matters of policy."
Cases concerning funding for wages, a mandatory subject of bargaining pursuant to G.L. c. 150E, ยง 6, also have held that the obligation of municipal officials to seek funding is unconditional. See, e.g., County of Suffolk v. Labor Relations Comm'n, 15 Mass. App. Ct. 127, 129, 133 (1983) (where mayor failed to request appropriation from city council for wage increases in collective bargaining agreement, only remedy is order compelling him to do so); Mendes v. Taunton, 366 Mass. 109, 118 (1974) (mayor obligated to request funds for wage increases); Town of Rockland, 16 M.L.C. 1001, 1005 (1989) (selectmen's failure to speak in favor of provision to upgrade salaries of librarians violates unconditional obligation to seek funding); Worcester Sch. Comm., 5 M.L.C. 1080, 1081, 1082-1083 (1978) (school committed required to give "affirmative support for an appropriation" for secretaries' salaries); Turners Falls Fire Dist., 4 M.L.C. 1658, 1660, 1662 (1977) (at district meeting, town officials' failure to speak against motion to delete money for fire fighters' salaries contained in collective bargaining agreement violated duty to take affirmative steps to support terms of such agreement before legislative body).
" Our holding here is consistent with our opinion in Mendes v. Taunton, 366 Mass. 109 (1974), which also involved salary increases in the second year of collective bargaining agreements. In Mendes, the Appeals Court had in an earlier decision held that G.L.c. 44, ยง 33A, rendered ineffective the salary increases in the second year of the agreements.
Therefore, successor members of a board of selectmen should not be required to adopt a particular position which might not be in accord with their own judgment on a public issue. Moreover, the discretionary, policy-making nature of a decision whether to indorse a collective bargaining agreement distinguishes this action from the type of actions which successors may be required to perform under Mendes v. Taunton, 366 Mass. 109 (1974). In Mendes, a mayor was required to submit an appropriation request necessary to fund a collective bargaining agreement executed by his predecessor.
The solution is a suit to compel the mayor to make such a submission. Cf. Mendes v. Taunton, 366 Mass. 109, 118 (1974); Callahan v. Woburn, 306 Mass. 265, 277 (1940). The contract is in no sense "binding" when made if necessary funds are unavailable.
The parties to a municipal collective bargaining contract have an obligation to implement its provisions, and a refusal to do so may be found to be a prohibited practice. Mendes v. Taunton, 366 Mass. 109, 119 (1974). See County of Suffolk v. Labor Relations Commn., 15 Mass. App. Ct. 127, 130 (1983).
It has, however, continued to be a major area of contention. See Dedham v. Labor Relations Commn. 365 Mass. 392 (1974); Chief of Police of Westford v. Westford, 365 Mass. 526 (1974); Mendes v. Taunton, 366 Mass. 109 (1974). That section provides, in pertinent part, that the school committee "shall have general charge of all the public schools.
Labor Relations Comm'n v. Selectmen of Dracut, 374 Mass. 619, 626 (1978). Mendes v. Taunton, 366 Mass. 109, 118-119 (1974). It is up to the school committee to determine the amount of money which it considers necessary to fund collective bargaining agreements.
Although the matter has no necessary bearing on the result in the present case, it may be pointed out that Norton's statement about Goodman's supposed legal obligation was exceedingly rash and ill-advised. See Labor Relations Comm'n v. Selectmen of Dracut, 374 Mass. 619, 625-626 (1978); Boston Teachers Local 66 v. School Comm. of Boston, 370 Mass. 455, 471-475 (1976); Mendes v. Taunton, 366 Mass. 109, 117-119 (1974). On February 12, Norton addressed a letter to the Federal Communications Commission (FCC) stating that "members of the Ware, Massachusetts Police Department have been complaining bitterly over radio station WARE's vocal vendetta against them in news items and on the station's talk show"; that the situation had become "anti-police" with "almost a daily and constant cacophony of police misinformation, unfounded allegations of police procedures and actions, deliberate distortions of facts."
In addition, a refusal to arbitrate as required by a collective bargaining agreement might be found to be a prohibited practice. See Mendes v. Taunton, 366 Mass. 109, 119 (1974); Note, Grievance Arbitration in the Public Sector; The New Massachusetts Law, 9 Suffolk U.L. Rev. 721, 732-735 (1975). As to disputes that underlie prohibited practice charges and appear to be arbitrable within the collective bargaining contract, the Commission has adopted a policy regarding deferral resembling the Federal policy of the Collyer case.