Northern Essex Community College Stephen Fabbrucci, Vice President of Human Resources, Northern Essex Community College John Casey, Assistant General Counsel SUP/NECC/15-4349/L2DLR 1 54349-e.f Berkshire Community College * Bristol Community College Bunker Hill Community College * Cape Cod Community College Greenfield Community College * Holyoke Community College + Mass, Bay Community College + Massasoit Community College * Middlesex Community College * Mount

Mount Wachusett Community College Faculty Assn, 14 Mass. App. Ct. 191, 199, 437 N.E.2d 564 (1982) 20 ii Massachusetts Appeals Court Case: 2019-P-1772 Filed: 2/18/2020 1:19 PM United Steel Workers of Am. v. Commonwealth Employment Relations Bd., 74 Mass. App. Ct. 656, 663 (2009) 21 Vaca v. Sipes, 386 U.S. 171, 191, 87 S.Ct. 903, 17 L.Ed.2d 842 (1967) 19 Worcester v.

Mount Wachusett Community College Faculty Assn, 14 Mass. App. Ct. 191, 199, 437 N.E.2d 564 (1982) 20 ii Massachusetts Appeals Court Case: 2019-P-1772 Filed: 2/18/2020 1:19 PM United Steel Workers of Am. v. Commonwealth Employment Relations Bd., 74 Mass. App. Ct. 656, 663 (2009) 21 Vaca v. Sipes, 386 U.S. 171, 191, 87 S.Ct. 903, 17 L.Ed.2d 842 (1967) 19 Worcester v.

Mount Wachusett Community College Faculty Assn., 14 Mass.App.Ct. 191, 199,437 N.E.2d 564 (1982). See Graham, supra. II. The Investigator's Decision is not Supported by the Evidence The Investigator's decision is based on the following findings: A. The Investigator determined that the Union timely processed Costa's grievance in accordance with the CBA; B.

Mount Wachusetts Community College Faculty Association, 14 Mass. App. Ct. 191, 199 (1992) (citations omitted). Finally, considering the Tobin employees allegations that the Unions refusal to grieve the concerns of the Tobin employees was improperly motivated; the Tobin employees have not presented sufficient facts to merit a finding of probable cause.

Mount Wachusett Community College Faculty Association, 14 Mass. App. Ct. 191, 199 (1982) (citations omitted).

Bay Community College * Massasoit Community College * Middlesex Community College * Mount Wachusett Community College * Northern Essex Community College + North Shore Community College * Quinsigamond Community College + Roxbury Community College + Springfield Technical Community College @ Pro ow Reeveuen Pare COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS ) ) ) ) ) ) AFSCME Council 93 Charging Party Vv. Case No.

Mount Wachusett Community College Faculty Association, 14 Mass. App. Ct. 191, 199 (1982). First, the 2014 MOA does not contain any egregiously unfair superseniority provisions for newly accreted employees as McLean alleged. The 2014 MOA did not give junior newly accreted employees more seniority than they otherwise had. Nor did the 2014 MOA otherwise undermine or change McLeans seniority rights pursuant to the 2014-2017 Agreement.

Bay Community College * Massasoit Community College Middlesex Community College Mount Wachusett Community College * Northern Essex Community College + North Shore Community College Quinsigamond Community College * Roxbury Community College Springfield Technical Community College COMMONWEALTH OF MASSACHUSETTS BEFORE THE DEPARTMENT OF LABOR RELATIONS RARER KEK KEK KKRKEKEKHAERKR RRR KAKRE KEE In the matter of ) cea hl | a | Sprmghiedd Reha) } Respondent

Bay Community College * Massasoit Community College * Middlesex Community College * Mount Wachusett Community College * Northern Essex Community College North Shore Community College Quinsigamond Community College + Roxbury Community College + Springfield Technical Community College PRINTED ON Recyciep Paper COMMONWEALTH OF MASSACHUSETTS BEFORE THE DIVISION OF LABOR RELATIONS KRERKKKEKEKEKKEKEKKEEKEKRAEREEKEKRKR KEKE EK RIK Respondent, * [ FF Calley

Bay Community College * Massasoit Community College * Middlesex Community College + Mount Wachusett Community College + Northern Essex Community College * North Shore Community College * Quinsigamond Community College Roxbury Community College + Springfield Technical Community College Q Prvren os Ruse Pen COMMONWEALTH OF MASSACHUSETTS DIVISION OF LABOR RELATIONS AFSCME Council 93 Charging Party v. ) ) ) ) Case No.

Bay Community College + Massasoit Community College Middlesex Community College * Mount Wachusett Community College + Northern Essex Community College North Shore Community College * Quinsigamond Community College + Roxbury Community College * Springfield Technical Community College @ Procey on Reewuny Pare COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS AFSCME ) Council 93 Charging Party v.

Mount Wachusett Community College Faculty Association, 14 Mass. App. Ct. 191, 199 (1982) (citations omitted). A union must however exercise its discretion in a manner consistent with the Law. A union need not and can not please all of its members/officers all of the time. In this matter, ACE has exercised its discretion in a manner consistent with the Law.