Center West Bridgewater, Ma Street 02379 348 Main West Dennis, MA 02670 Street 348 Main St. West Dennis, MA 02670 36 E. Main Westboro MA 01581 Street 44 South Street Westborough Ma 01581 108 Milk St Westborough MA 01581 54 E Main Westborough, MA 01581 Street 287 N Elm Westfield MA 01085 Street 11 Arnold Westfield, MA 01085 Street 149 Littleton Westford, MA 01886 Rd 845 Sodom Rd.

Diane McCormick 164, 171, n.13 (1992); Commonwealth 268, 269 (2008); Town of Dennis, 28 MLC 297, 301 v. Labor Relations of Massachusetts, 35 (2002); Town of Dennis, 26 MLC 203 (2000). The City argues that the Association learned of the change on October 22, 2008 when the Commissioner issued Special Order 08-035 and Revised Rule 306.

Commonwealth of Massachusetts, 28 MLC 36, 40 (2001); Town of Dennis, 26 MLC 203, 204 (2000); Holyoke School Committee, 12 MLC 1443, 1452 (1985); Boston School Committee, 4 MLC 1912, 1915 (1978). The Law does not require a public employer to provide an employee organization with direct, explicit notice of a proposed change. City of Cambridge, 23 MLC 28, 37 (1196); affd, 47 Mass.App.Ct. 1108 (1999); Town of Milford, 15 MLC 1247, 1253 (1988).

Town of Dennis, 12 M.L.C. 1027, 1032-33 (1985). Here the Union had actual notice as of October 22, 2008 of this change and failed to file a claim for over three (3) years. As such, the Unions claim is untimely and should be dismissed.

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 51, 52 (2002).

Ct. 926 3 (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 August of 2018 outside of the six-month statutory bar when the subject Nursing Lab/ Simulation specialists were assigned to open labs for three hour time blocks. The assignments were made without objection or complaint from the exclusive bargaining representative.

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). DCF provides services to the community, including assigning social workers to cases to assess and monitor the risk factor of a child in a particular environment.

Labor Relations Commission 412 Mass.164, 171, n. 13 (1992); Commonwealth of Massachusetts, 35 MLC 268, 269 (2008); Town of Dennis, 28 MLC 297, 301 (2002); Town of Dennis, 26 MLC 203 (2000). On or about May 1, 2017, Ms. Haughton and Ms. Small were having a discussion about the changing schedules that would likely occur due to an upcoming retirement. It was at that meeting that Ms.

OWNER OF RECORD *-------- VALUES ---------* CHARGE TAX INSTALLMENTS ____________________________________________________________________________________________________________________________________ 224047.0-0028-0005.0 344 36335 | LAND 0| REAL ESTAT 521.28| 1 143.34 FUGATE WILLIAM D & CAROL E TRS | BUILDING 72,400| CPA 15.64| 2 143.33 FUGATE REALTY TRUST | TOTAL VALUE 72,400| | 3 125.13 1239 RT 134 | DEFERMENT 0| TOTAL TAX 536.92| 4 125.12 S DENNIS

Decision (contd) MUP-20-7886 1 2002) (citing Town of Dennis, 26 MLC 203, 205, MUP-1868 (April 21, 2000)). An employer 2 can claim untimeliness as an affirmative defense if it is able to show that the charging 3 party had knowledge of the alleged violation prior to the expiration of the six-month 4 limitations period. Diane McCormick v.

Town of Dennis, 29 MLC 79, 83 (2002); Town of Athol, 25 MLC 208, 211 (1999); Town of Clinton, 12 MLC 1361, 1365 (1985). The first three elements of the prima facie case, as alleged are undisputed. The Union alleges the protected activity based on Nurse B.s membership in the Union and Wrentham does not dispute that it had knowledge of Nurse B.s bargaining unit membership.

Town of Lenox, 29 MLC 51, MUP-01-3214, MUP-01-3215 (September 5, 2002) (citing Town of Dennis, 26 MLC 203, 205, MUP-1868 (April 21, 2000)); Felton v. Labor Relations Commission, 33 Mass. App. Ct. 926, 928 (1992). The six-month period of limitations for filing charges begins to run when the adversely affected party receives actual or constructive notice of the conduct alleged to be an unfair labor practice. 10, MUP-2241 (August 16, 2000).