City of Springfield, MA Article XII Labor Relations Department

[Adopted FCB 2-3-2009 (Title 2, Ch. 2.40, of the 1986 Code)]

§ 27-100 Establishment; purpose.

There is established in the City a municipal department to be known as the "Labor Relations Department" that will conduct all labor relations matters for the City and its departments.

§ 27-101 Director of Labor Relations; appointment and removal, duties and oath.

A. The Labor Relations Department shall be under the charge and control of the Director of Labor Relations.

B. The Director of Labor Relations shall be appointed by the Chief Administrative and Financial Officer, with the approval of the Mayor. In the absence of a Chief Administrative and Financial Officer, the Acting Chief Administrative and Financial Officer shall appoint the Director of Labor Relations, with the approval of the Mayor.

C. The Director of Labor Relations shall comply with the residency requirements of the City of Springfield.

D. The Director of Labor Relations shall report to and be under the direction and control of the Chief Administrative and Financial Officer. In the absence of the Chief Administrative and Financial Officer, the Director of Labor Relations will report to and be under the direction of the Acting Chief Administrative and Financial Officer.

E. The Director of Labor Relations shall have direct responsibility for the organization, administration and management of the Labor Relations Department. Before entering upon the duties of the office, the person shall be sworn to faithfully discharge the duties thereof.

F. The Director of Labor Relations may be removed by the Chief Administrative and Financial Officer with written notice. His or her successor shall be appointed in the same manner as the original appointment.

G. The person appointed Director of Labor Relations shall be especially suited by education, training and experience to perform the duties of the office and shall hold no less than an advanced degree or juris doctorate from an accredited college or university.

H. The position of Director of Labor Relations shall not be subject to the civil service laws of the Commonwealth of Massachusetts, including without limitation Chapter 31 of the Massachusetts General Laws.

I. The Director of Labor Relations shall report to the Chief Administrative and Financial Officer any problems requiring further action or intervention by the Chief Administrative and Financial Officer. In the absence of a Chief Administrative Officer or Acting Chief Administrative Officer, the Director of Labor Relations shall report any problem requiring further action or intervention to the Mayor.

§ 27-102 Composition.

A. The Director of Labor Relations shall consist of the Director and such other personnel as from time to time may be authorized. Any such positions within the Labor Relations Department shall be appointed by the Director of Labor Relations, subject to the approval of the Chief Administrative and Financial Officer.

B. Any personnel appointed by the Director of Labor Relations shall serve in that capacity; however, the Director of Labor Relations may remove such personnel upon written notification by the Chief Administrative and Financial Officer.

C. The Director of Labor Relations may, with approval from the Chief Administrative and Financial Officer, appoint a Deputy Director of Labor Relations.

D. The positions created hereunder shall not be subject to the civil service laws of the commonwealth, including without limitation Chapter 31 of the Massachusetts General Laws.

§ 27-103 Powers and duties; violations and penalties.

A. The Department of Labor Relations shall be responsible for overseeing all aspects of the City's labor-management activities, including negotiations of contracts and formulating and administering policies for departmental managers. Working with the Mayor and the Chief Administrative and Financial Officer, the Department will oversee and coordinate all strategies, negotiations and settlements regarding collective bargaining, grievance/arbitration, employee discipline, and all matters related to the promotion and maintenance of a harmonious labor-management relationship. The Department shall:

(1) Plan, implement, direct and maintain the City's negotiations, labor relations and contract management;

(2) Evaluate and analyze contracts and agreements and make recommendations for ensuring compliance with City, state, and/or federal regulations, and the intent, spirit and terms of contracts;

(3) Investigates grievances. The Director serves as hearing officer and represents the City's interests in resolving grievance issues;

(4) Advise management and union officials in the development, application and interpretation of labor relations policies and practices according to policy;

(5) Represent the City before various state and federal boards, commissions and agencies, including but not limited to the Human Resources Division and Division of Labor Relations;

(6) Implement rules, regulations, polices and procedures for effective departmental operations;

(7) Respond to and handle all MCAD complaints and filings;

(8) Maintain current knowledge of state and local statutes, ordinances and case settlements; and

(9) Provide legal support to all City departments regarding employee discipline matters.

B. The Department of Labor Relations shall have the power, right and duty to:

(1) Request data and information from any City department.

(2) Regularly track and analyze information regarding salaries, benefits, hours, wages, working conditions and other terms of employment for all staff (excluding the School Department).

(3) Prepare reports, memoranda and briefing materials for the Mayor, Chief Administrative and Financial Officer and other officials relating to contract bargaining and employee issues and recommend appropriate courses of action.

(4) Meet with City staff to review and discuss contract issues and concerns.

(5) Record, monitor and keep copies of all City bargaining contracts, terms and conditions to ensure compliance with state and federal regulations and City ordinances.

(6) Maintain copies of all records, grievances, opinions, briefs, judgments and settlements relating to labor relations business.

(7) Prepare an annual departmental budget outlining personal services and expenses for the fiscal year.

(8) Perform such other duties as the Chief Administrative and Financial Officer may prescribe from time to time.

C. The Director of Labor Relations shall protect the right and interests of the City in all actions, suits, proceedings or claims brought against or in relation to labor relations issues brought against it, or any City officer, in his official capacity, or by or against any board or department.

D. The Director of Labor Relations, with the written consent of the Chief Administrative and Financial Officer, may employ special counsel to assist him/her in the preparation, argument or conduct of important cases or proceedings in which the City, or any of its departments, boards, bureaus or officers, is a party of interest, and he/she may with like consent employ a stenographer and secure expert services of any kind whenever necessary.

E. All City departments shall cooperate with the Labor Relations Department in the performance of its duties under this article and shall furnish any information or other records requested by the Labor Relations Department within a reasonable period of time, except as otherwise prohibited by law.

F. Any official who intentionally violates the provisions of this article by failing to cooperate with the Labor Relations Department may be subject to appropriate discipline. For the purposes of this article, the word "official" shall mean a chair, head or employee of a City department, board, commission or committee, temporary or acting, but shall not be construed to include the Mayor or the members of the City Council or School Committee. Any dispute arising out of the disclosure of or access to data and other information reasonably requested by the Labor Relations Department shall be submitted to the Chief Administrative and Financial Officer for review.