Mendes v. Taunton

16 Citing cases

  1. Comm'r of Admin. & Fin. v. Commonwealth Emp't Relations Bd.

    477 Mass. 92 (Mass. 2017)   Cited 9 times

    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, 474โ€“475, 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, 118โ€“119, 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."

  2. Local 1652, Intl. Assoc. of Firefighters v. Framingham

    442 Mass. 463 (Mass. 2004)   Cited 6 times

    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).

  3. Boston Tchrs. Union, Local 66 v. Sch. Comm. of Boston

    386 Mass. 197 (Mass. 1982)   Cited 62 times
    Involving a collective bargaining agreement with teachers and nurses in the public education setting

    " 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.

  4. Labor Relations Comm. v. Bd. of Selectmen of Dracut

    374 Mass. 619 (Mass. 1978)   Cited 25 times
    In Labor Relations Commn. v. Selectmen of Dracut, 374 Mass. 619, 629 (1978), the court left "unresolved" whether a collective bargaining agreement, dated January 1, 1972, to December 31, 1974, and funded on January 27, 1973, "was implemented from January 27, 1973, forward or whether it was effective retroactively to sometime in 1972."

    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.

  5. Boston Teachers Union v. School Committee of Boston

    370 Mass. 455 (Mass. 1976)   Cited 60 times
    In Boston Teachers Local 66 v. School Comm. of Boston, 370 Mass. 455 (1976), we held that clauses providing for the hiring of substitute teachers were properly included in a collective bargaining agreement, and that such clauses were enforceable "where there has been no change in educational policy and funds are available to implement the terms of the agreement" (emphasis added).

    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.

  6. United Water Sewer Wkrs. v. Labor Rel. Comm

    28 Mass. App. Ct. 359 (Mass. App. Ct. 1990)   Cited 4 times

    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).

  7. School Committee of Hanover v. Curry

    3 Mass. App. Ct. 151 (Mass. App. Ct. 1975)   Cited 31 times
    In School Committee v. Curry, 325 N.E.2d 282 (Mass. App. 1975), an arbitrator's award was overturned because the court determined that the abolition of the post of music supervisor in a local public school was the nondelegable, exclusive, responsibility of the school committee.

    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.

  8. Boston Teachers Union, Local 66 v. Boston

    382 Mass. 553 (Mass. 1981)   Cited 29 times
    In Boston Teachers Local 66 v. Boston, 382 Mass. 553, 558-560 (1981), we held that the mayor was required by G.L.c. 150E, ยง 7 (b), to submit to the city council that portion of the supplemental requests needed to fund executed collective bargaining agreements.

    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.

  9. National Ass'n of Govt. Empl. v. Central Broadcasting

    379 Mass. 220 (Mass. 1979)   Cited 141 times
    Holding that the label communism was too vague and open to various interpretations to qualify as a provably-false assertion

    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."

  10. Director of Div. of Employee Rel. v. Labor Rel. Comm

    370 Mass. 162 (Mass. 1976)   Cited 9 times

    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.