City of Gardner, 12 MLC 1681, 1686 (1986). Reopener provisions, however, have been held be legal because they do not create a predetermined result. Medford School Committee, 3 MLC 1413, 1415 (1977). The Towns presentation of its cost analysis at arbitration does not constitute an illegal parity provision as it does not bind the Town to provide a wage increase to other employees.

Employer: Gardner Public Schools Address: 70 Water Street Gardner, MA Labor Relations Representative: Debra Address 95 Pleasant Street Gardner, MA Nature of Employers NAME OF GRIEVANT All Business Affected AFL_CIO FEIN Number Phone (617) 367-6024 Zip Code 02108 DeLorey Phone 617-367-6024 Phone 617-367-6024 Zip Code 02108 Pond Public Employment Employees 3.A.)

Flick Law Group, P.C., 144 Central Street, Suite 201, Gardner, MA Thank you. erycones truly ats Rh L ce: John M. Flick, Esq. Helen Bowler, Arbitrator Western Office (for distribution) 8 Beacon Street e Boston, MA 02108 617-367-6000 * www.afscmecouncil93.org 01440.

The complaint alleges that the following topic failed to identify the issue: 11017 - A Notification from City Solicitor John Flick Regarding City of Gardner Open Meeting Law (OML) Self Report.

Lowell School Committee, 28 MLC 29, 31, MUP-2074 (June 22, 2001); City of Gardner, 10 MLC 1216, 1219, MUP-4917 (September 14, 1983).

As noted above, the Hearing Officer did not order the City to restore the work to the See bargaining unit because the City had entered into a contract with a private vendor. she did Nor 1983). 14, ber City of Gardner, 10 MLC 1218, 1222, MUP-4917 (Septem unit order a make-whole remedy because there was no evidence that bargaining members had lost any overtime opportunities. The Union did not file an appeal from this remedy.

Lowell School Committee, 28 MLC 29, 31 (2001); City of Gardner, 10 MLC 1218, 1219, (1983). The duties of the custodial personnel at Worcester Public Library, who are members of the bargaining unit, are the same duties as portrayed by the daily duties for cleaning services at the Worcester Public Library set out on page 13 of 19 of Joint Exhibit 3. (Transcript, Pg. 90-91).

Flick, Esq., City of Gardner Law Department (via email: jflick@flicklawgroup.com) This determination was issued pursuant to G.L. c. 30A, 23(c). A public body or any member of a body aggrieved by a final order of the Attorney General may obtain judicial review through an action filed in Superior Court pursuant to G.L. c. 30A, 23(d). The complaint must be filed in Superior Court within twenty-one days of receipt of a final order. 5

Commonwealth of Massachusetts, 21 MLC Board of Regents of Higher Education, 19 MLC 1218, 1219 (1983). 1029, 1039 (1994); 1485, 1487 (1992); City of Gardner, 10 MLC To prove that an employer unilaterally transferred bargaining unit work to non-unit personnel, the charging party must show that: 1) the employer transferred bargaining unit work to non-unit personnel; 2) the transfer of work had an adverse impact on either individual employees or on the

Lowell School Committee, 28 MLC 29, 31, MUP-2074, June 22, 2001; City of Gardner, 10 MLC 1218, 1219, MUP-4917 September 14, 1983. In this case, the Union argues that the BHE is transferring bargaining unit work by having outside vendors perform the duties of bargaining unit members.

Ct. 410, 413 (1987); City of Gardner v. Bisbee, 34 Mass. App. Ct. 721, 723 (1993). "The courts have ruled that the Appointing Authority is to have great discretion in making this determination," and the Commission "may not, in the guise of protecting an aggrieved employee, substitute its judgment for that of an appointing authority as to the wisdom of a particular reorganization plan undertaken for reasons of economy." Holman v.

City of Gardner v. Bisbee, 34 Mass. App. Ct. 721, 723 (1993). If the employee can prove that the Appointing Authority's explanation of a lack of funds is merely a pretext for an improper motive for separation, i.e. a motive not in accordance with the basic merit principles of the civil service law, then the Appointing Authority is not justified in making such separation. Mayor of Somerville v.

(citing Lowell School Committee, 28 MLC 29, 31, MUP-2074 (June 22, 2001); City of Gardner, 10 MLC 1216, 1219, MUP-4917 (September 14, 1983)). When work is shared by bargaining unit members and non-unit employees, the Commission has determined that the work will not be recognized as exclusively bargaining unit work.