Bay Community College Mussasait Community College Middlesex Community College Mount Wachusett Community College * Northern Essex Community College * North Shore Community College + Quinsigamond Comnuunity College + Roxbury Community College + Springfield Technical Community College ee) Pruwtep ov Heereien Paver

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 DIVISION OF LABOR RELATIONS RRR KK ARK KK KKK K KR K KKK KR KR KR RK KR RIK ~ In the matter of * * Nov Bal Shore Ceom mudi, 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 @ Prom on Revere Pare COMMONWEALTH OF MASSACHUSETTS BEFORE THE DIVISION OF LABOR RELATIONS In the matter of ; Mace / MTAT OLE .

Higher Education Coordinating Council/ Roxbury Community College vs. Massachusetts Association/ Massachusetts Community College Council, 423 Mass. 23, (1996). Teachers at 29 666 N.E. 2d 479, See also, School Committee of Newton vs. Newton School Custodians Association, Local 454, SEIU, 438 Mass. 739 (2003).

Higher Education Coordinating Council / Roxbury Community College _v. Massachusetts Teachers Association _/ Massachusetts Community College Council, 423 Mass. 23, 30 (1996). Here, the BHEs decision to offer a concurrent enrollment program is a non-delegable decision concerning a core educational policy that is not subject to the statutory obligation to bargain.

decision on mandatory had a duty to bargain over the subjects of bargaining, assignment of bargaining unit work outside of the bargaining unit. i.e., the He concluded that the Union had not established that the high school teachers were performing bargaining unit work under the first element of the test set forth above for three reasons: 1) they were teaching the courses exclusively to high school students * Citing Higher Education Coordinating Council/Roxbury

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 Wachusett Community College Northern Es ex Community College + North Shore Community College * Quinsigamond Community College + Roxbury

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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.

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 Prep on Recrcuep Paper, Flfage XIll-E7 X\ll-E7 PROFESSIONAL STAFF POSITION DESCRIPTION Shall Be Updated Annually Page _1_of __ Period Covered by this E7 July 1,2015 to June

Higher Education Coordinating Council/ Roxbury Community College vs. Massachusetts Teachers Association/ Massachusetts Community College Council, 423 Mass. 23, at 29 666 N.E. 2d 479, (1996). See also, School Committee of Newton vs. Newton School Custodians Association, Local 454, SEIU, 438 Mass. 739 (2003). CONCLUSION 10 The Unions Charge should be dismissed.