NCJ Number
56960
Journal
Justice System Journal Volume: 4/3 Dated: (SPRING 1979) Pages: 295-303
Date Published
1979
Length
9 pages
Annotation
ALTHOUGH MANY FEARS HAVE ACCOMPANIED MASSACHUSETT'S FIRST COLLECTIVE BARGAINING EFFORTS FOR COURT PERSONNEL, THE PROCESS WILL FORCE THE COURTS TO DEVELOP A SOUND MANAGEMENT STRUCTURE AND ADDRESS ADMINISTRATIVE PROBLEMS.
Abstract
EFFECTIVE JUNE 13, 1977, JUDICIAL EMPLOYEES AT ALL LEVELS WERE GRANTED THE RIGHT TO BARGAIN COLLECTIVELY WITH THEIR EMPLOYER, DEFINED BY STATUTE AS THE CHIEF JUSTICE OF THE SUPREME JUDICIAL COURT. THIS LAW, AN AMENDMENT TO CHAPTER 150E OF THE GENERAL LAWS OF MASSACHUSETTS, HAS BROUGHT INTO FOCUS A NUMBER OF BASIC PROBLEMS -- PERSONNEL RULES, COURT FUNDING, AND THE ORGANIZATIONAL STRUCTURE OF THE JUDICIARY. BEFORE THE 1977 AMENDMENT, EMPLOYEES IN THE COURTS WERE ALMOST UNIVERSALLY VIEWED AS COUNTY EMPLOYEES AND WERE UNIONIZED ALONG WITH OTHER EMPLOYEES OF THE COUNTIES. AS EARLY AS 1969 THE MASSACHUSETTS PROBATION ASSOCIATION HAD PETITIONED TO BARGAIN AS A STATE UNIT AND WAS SO RECOGNIZED. NO CONTRACT WAS WRITTEN, HOWEVER, BECAUSE THE COMMITTEE ON PROBATION DID NOT CONSIDER ITSELF AN EMPLOYER AND THE CONTRACT PROCEEDINGS ENDED UP IN LITIGATION. THIS DISPUTE WAS ONE OF THE FACTORS LEADING TO THE PASSAGE OF THE CHAPTER 150E AMENDMENT. THIS AMENDMENT REPRESENTS A UNIFIED STATEWIDE APPROACH TO MATTERS THAT HAD BEEN CONSIDERED LOCAL AND LARGELY BEYOND THE AUTHORITY OF JUDICIAL LEADERSHIP. ALREADY PERSONNEL POLICIES ARE BEGINNING TO BE SPELLED OUT AND LINES OF AUTHORITY ARE BEING ESTABLISHED. FUNDING OF COURTS HAS ALWAYS TAKEN A BACK SEAT TO THE OTHER BRANCHES OF GOVERNMENT. IT IS FELT THAT UNIONIZATION WILL DRAW ATTENTION TO COURT NEEDS. BETTER MANAGEMENT WILL HOPEFULLY RESULT FROM RESOLUTION OF THESE BASIC ISSUES. NOTES AND REFERENCES ARE APPENDED.