See City of Worcester, 40 MLC 87, 90, MUP-08-5304 (September 19, 2013). | Accordingly, | do not find probable cause to believe that the Association 12 Dismissal (cont'd) violated Section MUPL-19-7721 10(b)(2) of the law in the manner alleged, and | dismiss the charge. Very truly yours, COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS MARGARET M.

Section 6 of the Law does not compel either party to agree to a proposal or to make a concession but only to bargain in good faith. see City of Worcester, 40 MLC 87, 90, Accordingly, | do MUP-08-5304 (September 19, 2013), and the Union did so here. '0 Chapter 589 of the Acts of 1987, Section 4A(2)(c) states in pertinent part: _.. when either party or the parties acting jointly to a municipal police and fire collective bargaining negotiations believe

Massachusetts Port Authority, 36 MLC 5, 12, UP-042699 (June 30, 2009); City of Worcester, 16 MLC 1327, 1333, MUP-6810 (October 19, 1989). Here, Article 18.4 of the parties CBA provides that, The Safety Committee for Local 866, as appointed by the President, will be involved in researching the purchase of new and appropriate turn out gear. The final decision of said purchase, however, shall be made by the Chief.

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).

Labor Relations Commn, 388 Mass 557, 569 (1983); City of Worcester, 16 MLC 1327, 1333 (1989); Town of Andover, 4 MLC 1086, 1089 (1977)). The employer bears the If MCCA obliquely suggests Paillant was unofficially transferred to a non-union position upon the opening of the BCEC but kept his job title as Skilled Maintenance Worker so he could receive a higher rate of pay, that argument is frivolous.

See City of Worcester, 43 MLC When bargaining unit members and non-unit members share work, the [Commonwealth Employee Relations Board (CERB)] previously has determined that the work will not be recognized as belonging exclusively to the bargaining unit. Id. Furthermore, the duty to bargain may otherwise be waived when there is existing contract language that clearly, unequivocally and specifically authorizes [the employers] actions.

City of Worcester v. Labor Relations Commission, 438 Mass. 177, 180 (2002). Where a managerial decision impacts a mandatory subject of bargaining, the CERB requires an employer to bargain over the impacts of that decision. City of Worcester, 438 Mass. at 185; City of Somerville, 42 MLC 170, 171, MUP-13-2977 (Dec. 30, 2015).

City of Worcester, 36 MLC 151, 154 (April 5, 2010). For this reason, the CERB has previously declined to sever categories of employees out of large, diverse units. Id.; see also, City of Boston, 25 MLC 105 (1999); City of Lynn, 23 MLC 151 (1996). Even where the composition of the unit is imperfect, the CERB will not favor severance petitions to carve out employees. City of Fall River, 26 MLC 13, 17 (1999).

Murray Supervisor of Records December 4, 2019 SPR19/2115 Lindsay Corcoran Records Access Officer Office of the District Attorney Worcester County 225 Main St., G301 Worcester, MA 01608 Dear Ms. Corcoran: I have received the petition of Craig Shibley appealing the response of the Office of the District Attorney ~ Worcester County (DAO/Office) to a request for public records. G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1).

Murray Supervisor of Records October 29, 2019 SPR19/2115 Lindsay Corcoran Records Access Officer Office of the District Attorney - Worcester County 225 Main St., G301 Worcester, MA O1608 Dear Ms. Corcoran: I have received the petition of Craig Shibley appealing the response of the Office of the District Attorney- Worcester County (DAO/Office) to a request for public records. G. L. c. 66 lOA; see also 950 C.M.R. 32.08(1).

Legal Counsel Department of State Police 470 Worcester, MA Framingham, MA 01702 Dear Attorney Paquette: I have received the petition of Elizabeth Myers appealing the response of the Department of State Police (Department) to a request for public records. G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1). Specifically, on July 24, 2019, Ms. Myers requested an identified police report concerning a death.

Legal Counsel Department of State Police 470 Worcester, MA Framingham, MA 01702 Dear Attorney Paquette: I have received the petition of Elizabeth Myers appealing the response of the Department of State Police (Department) to a request for public records. G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1). Specifically, on July 24, 2019, Ms. Myers requested an identified police report concerning a death.

Moschos Mirick O'Connell 100 Front Street Worcester, MA 01608-1477 dmoschos@mirickoconnell.com t 508.860.1422 f 508.983 .6282 November 6, 2019 VIA E-FILE MAILBOX {efile.dlr@mass.gov) Philip T. Roberts, Director Department of Labor Relations 19 Staniford Street Boston, MA 02114 Re: Norwood Firefighters Union, Local 1631, I.A.F.F. and Town ofNorwood DLR Case No.

Mirick, O'Connell 100 Front Street Worcester, MA 01608 Re: MUP-19-7622 Town of Norwood Dear Mr. Hynes and Mr.