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