Town of Falmouth and Town of Falmouth Firefighters, Local 1397

The Massachusetts Labor Relations Commission ruled that “reasonable fitness requirements, including limitations on body weight and tobacco use, constitute mandatory subjects of bargaining where public safety employees are concerned.”  Thus, the MLRC found that the Falmouth had committed a prohibited practice by “unilaterally implementing new standards concerning weight and smoking as a condition of an employee’s continued employment.”

15 MLRR 1117 (1989).