Carbajal

**City Workers Win Right to Negotiate Fitness Exams** This case involved a dispute between the City of Newton and its police union over mandatory fitness-for-duty medical examinations. The city implemented new rules about when officers must take these exams and what criteria would be used to determine if they're fit to work, but they did this without first negotiating with the union about these changes. The police union argued that the city was required to bargain with them before making these decisions, since the exams could affect officers' employment. The city disagreed, claiming the union had given up their right to negotiate on this issue. The appellate court sided with the union, ruling that the City of Newton broke public sector labor law. The court found that the city was required to engage in "impact bargaining" - meaning they had to negotiate with the union about how these fitness exams would work before putting them in place. The court also rejected the city's claim that the union had waived this right. **What this means for workers:** Public sector employees have the right to have their unions negotiate over workplace policies that could affect their jobs, even if management thinks the union previously gave up that right. Employers can't unilaterally change important workplace procedures without proper consultation.