Boston Housing Authority, 24 MCSR 193 (2011), affd, Suffolk Superior Court, C.A. No. SUCV20112554E (Feb. 13, 2015). In a civil case, the Massachusetts courts have held that even a party asserting his or her rights against self-incrimination under the U.S. or Massachusetts Constitutions may be the subject of a negative inference by a fact finder where the opposing party has established a case adverse to the person invoking the privilege.

WHEREAS, the Town and the Union were parties to a collective bargaining agreement established by an arbitration award covering an initial period of from July 1, 2008 through June 30, 2011; and WHEREAS, that agreement provided in Article XXXIX that the agreement shall remain in full force and effect until a succeeding agreement is consummated; and WHEREAS, on October 22, 2010 the Supreme Judicial Court of Massachusetts held in the case of Boston Housing

OToole voluntarily resigned from the BMPD in order to take a non-civil service position with the Boston Housing Authority, where he remains today. (HRD Motion; Appellant's Opposition) 5. On September 9, departure from the BMPD, 1999, approximately one month this Commission ordered HRD prior to Mr. OTooles to establish civil service classifications for previously unclassified BMPD municipal police officers.

Chapter 150E and excluded from Chapter 150A as political Boston Housing Authority v.

Boston Housing Authority, 24 MCSR 193 (2011), Clark v. Boston Housing Authority, Suffolk Superior Court, C.A. No. SUCV2011-2554E, affd (Feb. 13, 2015).

Belchertown Police Department Bellingham Police Department Belmont Police Department Bentley University Berklee College of Music Berkley Police Department Berkshire Community College Berkshire County Sheriff's Office Berlin Police Department Bernardston Police Department Beth Israel Deaconess Medical Center Beverly Police Department Billerica Police Department Blackstone Police Department Blandford Police Department Bolton Police Department Boston College Boston

At the in-person investigation, the Union explained that the grievances had proceeded through Step Ill of the grievance procedure, but that the City refused to proceed to arbitration because of the holding in Boston Housing Authority v. National Conference of Firemen and Oilers, Local 3, 468 Mass. 155 (2010) (BHA).

The Association claimed that the City was circumventing civil service law by requiring MPD officers to perform civil service work, namely, police work on Boston Housing Authority (BHA) property. Thus, the BPPA petitioned the Civil Service Commission to find that MPD officers be classified as police officers and the City be ordered to cease and desist the circumvention of civil service law, G.L. c. 31. (Exhibit 1) 4 4.

Boston Housing Authority v. National Conference of Firemen and Oilers, Local 3, 458 Mass. 155 (2010). The Union does not dispute Equipment Operator. that Giardino is not qualified to be a Heavy 8 The Water.and Sewer Registrar is not listed in the appendices for any of the units; however, the Town did not dispute that the position was part of the clerical unit. The Assistant Town Accountant is within the Finance Department.

(dissenting, with whom Ireland, J., joins) BOSTON HOUSING AUTHORITY VS. NATIONAL CONFERENCE OFFIREMEN AND OILERS, LOCAL 3. 458 Mass. 155 (2010) Pyle Rome Ehrenberg PC LABOR AND EMPLOYMENT LAWYERS David B. Rome Betsy Ehrenberg Terence E. Coles Katherine D. Shea Alfred Gordon Tod A. Cochran Leah M. Barrault Patrick N. Bryant lan O. Russell Jillian M. Ryan September 19, 2013 Warren H.