Fax Number 508-791-2121 Labor Organization's Address (street and no., city/town, state, and zip code) c/o MTA, 12 East Worcester Street, Worcester, MA 01604 14. Labor Organization's Representative's Name James Kobialka 17. 15. Email Address 16. Telephone Number jkobialka@massteacher.org Labor Organization's Representative's Address (street, city/town, state, and zip code) 508-791-2121 18.

Boston School Committee, 22 MLC 1365, 1376 (1996) (citing City of Worcester, 2 MLC 1281, 1285 (1976)). However, if the language of the agreement is ambiguous, the CERB will look to the bargaining history that culminated in the provision at issue to determine whether there was an agreement between the parties. City of Waltham, 25 MLC 59, 60 (1998).

Ct. 550 ... irregular and unscheduled overtime pay, .... not "term" of employment and "did not impinge directly on wages" CITY OF WORCESTER & another[1] vs. LABOR RELA TIONS COMMISSION Citation: 53 Mass. App. Ct. 106 (2001) Attachment 2 lh h 5 Cnc! Pres BL) WETVA Yi eye ho \ LL. Wo jot. LZ LL -/Y, by the Lou de@hned NOTA Goer ors role "5 Je Cag lt Gi2ouUn ge alteded by this. [ih Sawre 29.5 3 | I WS =H } To _ all (Waladope Sorivin PLO PO 22.

City of Worcester, Docket No. D-06-172, Decision, 21 MCSR 129, 131 (Mass. Civ. Serv.

City of Worcester, 21 MCSR 129 (2008); Conway v. Division of Medical Assistance, 21 MCSR 30 (2008); Roach v. City of Boston, 20 MCSR 399 (2007); Oster v. Town of Watertown, 20 MCSR 1 (2007) 9 to assume that the triggering event for dismissal of an appeal that is presently being resolved in arbitration comes when the collective bargaining unit, acting on behalf of the grievant, files its Demand for Arbitration. See Cahill v.

See City of Worcester v. Civil Service Commn, 18 Mass.App.Ct. 278, rev.den., 392 Mass. 1104 (1984); Price v. Department of Empl. & Training, 10 MCSR 238 (1997); Higgins v. Dalton Police Dept, 7 MCSR 16 (1994). Cases in which an employee was deemed to have waived a right of appeal to the Commission involved Section 39 elections made after specific notice of layoff and advice of available rights as prescribed by G.L.c.31, 39 & 41.

City of Worcester v. Labor Relations Commission, 438 Mass. 177, 180 (2002). School committees have the exclusive prerogative to determine certain matters of educational policy without bargaining. Lowell School Committee, 26 MLC 111, 113, MUP-1775 (January 28, 2000).

City of Worcester v. Labor Relations Commission, 438 Mass. 177, 185 (2002). The burden of proving that a managerial decision impacted a bargaining unit members' terms and conditions of employment rests with the union. Town of Seekonk, 14 MLC 1725, 1730-31, (1988). Where there is no evidence that a decision impacts terms and conditions of employment of bargaining unit members, there is no impact bargaining duty on the employer.

C7, 4; see also City of Worcester, ARB-19-7231, 9 (August 21, 2020) (finding a practice is unequivocal when it is clearly articulable and discernable to employees unlike the vague and unwritten policy at issue in the matter decided).

NAGE, SUP-21-8896 Dismissal at 20 (March 23, 2022) (citing City of Worcester v. Labor Relations Commission, 438 Mass 177, 180 (2002)). 3 A. The Respondent was not required to bargain the decision to return to work. The Commonwealth Employee Relations Board has held that to report for duty means reporting not only when but where the employer has ordered its employees to report.