Dean Smith 7 Captain Walsh Road Dennis, MA 02638 Firefighter/EMT RE: LETTER OF OFFER OF EMPLOYMENT Probationary Dear Dean, and assessment process we are delighted to Following our organizations recent entry interview Brewster Fire & Rescue Department offer you the position of Probationary Firefighter/EMT.

Town of Lenox, 29 MLC 51 (2002) (citing Town of Dennis, 26 MLC 203 (2000)). It is well-established that the six month limitations period begins to run when the party adversely affected receives actual or constructive notice of the conduct alleged to be an unfair labor practice. Id. (citing Wakefield School Committee, 27 MLC 9, 10 (2000)).

Dist., 29 MLC 191, 193 (2003); Town of Dennis, 28 MLC 297, 301 (2002); Town of Ludlow, 17 MLC 1191, 1198 (1990). As in Somerville I, the CERB has consistently held that a union has every right to bargain over future retirement benefits of current bargaining unit employees.

See, e.g., Town of Northbridge, 38 MLC 1, 4 (2011) (plan design); Town of Dennis, 28 MLC 297 (2002) (prescription drug co-payments); Medford Sch. Comm., 4 MLC 1450 (1977), aff'd sub nom., Sch. Comm. of Medford v. Labor Relations Commn, 380 Mass. 932 (1980) (percentage of employer contributions to premiums).

See, e.g., Town of Northbridge, 38 MLC 1, 4 (2011) (plan design); Town of Dennis, 28 MLC 297 (2002) (prescription drug co-payments); Medford Sch. Comm., 4 MLC 1450 (1977), aff'd sub nom., Sch. Comm. of Medford v. Labor Relations Commn, 380 Mass. 932 (1980) (percentage of employer contributions to premiums).

Ct. 926 (1992); Town of Dennis, 26 MLC 203 (2000). The sixmonth period of limitations begins to run when the adversely affected party receives actual or constructive notice of the alleged violation. (2002).

Town of Dennis, 28 MLC 297, 301 (April 3, 2002), citing Felton v. Labor Relations Commission, 33 Mass. App. Ct. 926 (1992). In the instant matter, Teamsters Local No. 25 and Massport negotiated the terms and conditions of the transfer of employees from the Tobin Bridge to the Aviation Division on March 12, 2010.

Id. at 1577. the CERB employment, and or is far removed whether from the subject involves employees terms and a core conditions of For instance, in Town of Dennis, 12 MLC 1027, 1031 (1985), concluded that despite a probable impact on wages, the towns decision to discontinue providing private police details at liquor service establishments was a level of services not a decision within the exclusive prerogative of management, and mandatory subject of

Ct. 926 (1992); Town of Lenox, 29 MLC 51, MUP-01-3214 and MUP-01-3215 (September 5, 2002); citing Town of Dennis, 26 MLC 203, 205, MUP-1868 (April 21, 2000)). An employer can claim untimeliness as an affirmative defense if it is able to show that the charging party had knowledge of the alleged violation prior to the expiration of the six-month limitations period. Diane McCormick v.

Ct. 926 (1992); Town of Dennis, 26 MLC 203, 205, MUP-1868 (April 21, 2000). In this matter the University posits that the operative date for the Department to consider is June 29th of 2018 when a union representative took specific notice of the personnel placement. Certainly there was no ambiguity about the nature and placement of Mr. DeVeau in his current role after April of 2019 outside of the six-month statutory bar.

Ct. 926 (1992); Town of Dennis, 26 MLC 203, 205, MUP-1868 (April 21, 2000). In this matter the University posits that the operative date for the Department to consider is June 29th of 2018 when a union representative took specific notice of the personnel placement. JX 2. Certainly, there was no ambiguity about the nature and placement of Mr.

Ct. 926 (1992); Town of Dennis, 26 MLC 203 (2000). The six-month period of limitations begins to run when the adversely affected party receives actual or constructive notice of the alleged violation. Town of Lenox, 29 MLC 514, 52 (2002).

Town of Bolton, 32 MLC 20, 25 (2005) (citing Town of Dennis, 29 MLC 79, 83 (2002); City of Peabody, 25 MLC 191, 193 (1999)). In the present case, DaRosa was engaged in concerted, protected activity when he emailed Griffin. He signed both the November 5 and November 14 emails as a Union representative, and his concerns implicated safety issues affecting his fellow employees. Issues affecting safety are mandatory subjects of bargaining.

Town of Bolton, 32 MLC 20, 25 (2005) (citing Town of Dennis, 29 MLC 79, 83 (2002); City of Peabody, 25 MLC 1559, 1574 (1977). Here, as the City notes, the Union's request for reconsideration does not argue that DaRosa would be subject to discipline if he were to raise safety concerns in the future, but rather that he would be subject to discipline if he were to raise such concerns without following the chain of command.

Labor Relations Commission, 388 Mass. 557 (1983). level of services a public employer management and are not provides mandatory Decisions about the nature and lie within the exclusive subjects of bargaining. prerogative of Commonwealth of Massachusetts, 25 MLC 201, 205 (1999), citing, Town of Dennis, 12 MLC 1027 (1985); Town of Danvers, 3 MLC 1559 (1977).

Town of Dennis, 12 MLC 1027, MUP-5247 (June 21,1985). However, before implementing a level of services decision, the employer must bargain over the impacts of that decision on employees' working conditions. School Committee of Newton v. Labor Relations Commission, 388 Mass. 557 (1983).