Rozak, Esq., Mirick OConnell, 100 Front Street, Worcester, MA 01608-1477, krozak@mirickoconnell.com eS Jonathan M. Conti, Esq. 251383

Name Address (street and no., city/town, state, and ZIP code) Demitrios Moschos 100 Front Street, Worcester, MA 0160 + |Telephone Number 508-791-8500 Method of Service LI] Signature of Person td / In hand First Class Mail L | Other (specify): making Certification Telephone Number _ Leesine pup / Lye IF -791-2121 x8553 508-79 vy The DLR does not discriminate on the basis of disability in access to its services.

Mirick, OConnell, DeMallie & Lougee, LLP 100 Front Street Worcester, MA 01608-1477 t 508.860.1428 f 508.983.6294 karozak@modl.com Dated: March 29, 2016 {Practice Areas/LABOR/23624/00084/A3234790.DOCX} 8 CERTIFICATE OF SERVICE I, Kimberly A. Rozak, Esq., hereby certify that I have this day served a copy of the foregoing document, by electronic mail to Jonathan Conti, Esq. at Massachusetts Teachers Association, at JConti@massteacher.org.

Moschos Mirick OConnell 100 Front Street Worcester, MA 01608-1477 dmoschos@mirickoconnell.com t 508.860.1422 f 508.983.6282 VIA EFILE (efile.dlr@massmail.state.ma.us) July 1, 2019 Philip T. Roberts, Director Department of Labor Relations Charles F.

Moschos Mirick O'Connell 100 Front Street Worcester, MA 01608-1477 dmoschos@mirickoconnell.com 1 508.860.1422 f508.983.6282 VIA EFILE (efile . dlr@massmail . state .ma. us) April 19,2019 Philip T. Roberts, Director Department of Labor Relations Charles F.

City of Boston, 30 MLC 23, MUP-2670 (September 3, 2003); see also City of Worcester, 438 Mass. 177, 181 (2002) (employer was not obligated to bargain over its decision to assign truancy enforcement duties to its police officers because the decision implicated the citys ability to set its law enforcement priorities). Setting the priorities for the deployment of law enforcement resources is purely a matter of policy.

City of Worcester v. Labor Relations Commission, 434 Mass. 177, 184 (2002) citing Local 346, International Brotherhood of Police Officers v. Labor Relations Commission, 391 Mass. 429 (1983), Boston v. Boston Police Patrolmens Association, 403 Mass. 680, 684 (1989), Town of Burlington v. Labor Relations Commission, 390 Mass. 157, 164 (1983).

City of Worcester, 25 MCSR 502, 510 (2012)(outdated work experience in same field did not make candidate qualified). The City determined that Mr. Martini did not meet the qualifications for the position. Mr. Martinis lack of experience in the environment related to the job presented the risk of serious injury or death to Mr. Martini and the laborers working with him, as well as the general public. Mr.

See City of Worcester, 16 MLC 1327, 1333 (1989) (If the contract language clearly, unequivocally, and specifically permits the public employer to make the change, no further inquiry is necessary.) Accordingly, | dismiss this portion of the charge. Alleged Section 10(a)(5) Violation Grievance Procedure The Union alleges that the City violated Section 10(a)(5) of the Law by refusing to participate in the grievance procedure.

See City of Worcester, 43 MLC 113, 119 (2016) and cases cited therein.

Town of Hingham, 21 MLC 1237, 1240 (1994); City of Boston, 5 MLC 1796, 1797 (1979); City of Worcester, 4 MLC 1317, 1320 (1977). The Commission has found a past practice to exist where the action has been repeated over a number of years. See e.g.

City of Worcester, 44 MLC 215, 219, MUP-14-3729 (April 6, 2018). While the inquiry is whether employees in a unit have a reasonable expectation that the practice in question will continue, the DLR focuses on whether the practice is (1) unequivocal, (2) has existed substantially unvaried for a reasonable period of time; and (3) is known and accepted by both parties. City of Newton, 32 MLC 37, 49, MUP-2849 (June 29, 2005).

City of Worcester v. Labor Relations Commission, 438 Mass. 177, 180 (2002). To decide whether a subject properly falls within the scope of bargaining, the CERB balances a public employers legitimate interests in maintaining its managerial prerogative to effectively govern against the impact on employees terms and conditions of employment. Town of Danvers, 3 MLC 1559, 1577, MUP-2292 and 2299 (April 6, 1977).