Labor Organization's Name. 27 Mechanic Street Worcester MA 01608 172.

Name Address (street and no., city/town, state, and ZIP code) James Cosgrove 390 Main Street, Ste 730, Worcester, MA 01608 [Telephone Number | 508-757-4554 Method of Service L] In hand First Class Mail L] Other (specify): Signature of Person making Certification Telephone Number la, ena 508-791-2121 ols . C) The Commission does not discriminate on the basis of disability in access to its services.

._- ames F, COsgrove, Esq., Committee Counsel BBO #100880 COSGROVE & BLATT 390 Main Street, Suite 730 Worcester, MA 01608 Tel. (508) 757-4554 Fax (508) 752-3420 Email: jcosgrove.law@verizon.net CERTIFICATE OF SERVICE I, hereby certify that I have this day served the foregoing Response on the Charging Party by mailing a copy thereof, first class mail, postage pre-paid to its Representative as listed on the Charge, Jennifer Sullivan, Esq., MTA, 2 Heritage

Siegel Mirick OConnell 100 Front Street Worcester, MA 01608-1477 ssiegel@mirickoconnell.com t 508.860.1426 1 iS February 3, 2016 Edward B. Srednicki Executive Secretary Department of Labor Relations 19 Staniford Street, 1" Floor Boston, MA 02114 efile.dlr@massmail.state.ma.us' Re: Millbury Police Association, Local 128 and Town of Millbury MUP-16-5063 4 jj

involving protected class harassment), [trust this will clarify any confusion on'the Unions part as to the permissibility of police, bargaining unit members directly contactiiig the Board of Selectmen :relative:to:working: conditions, Very ilk Robert Spain Town Manager ce: Chief Donald Desorcy, Interim Police Chief wwwanillbury-ma.org 3 bee: Board of Selectmen MIRICK OCONNELL ATTORNEY S A T LAW Sharon P, Siegel Mirick OConnell 100 Front Street, Worcester

City of Worcester, 39 MLC 271 (2012).

Green Trucking Inc., 368 NLRB No. 14 (June 27, 2019) (fighting with coworkers is not protected activity); City of Worcester and Nage, 2019 WL 2408747 (MA LRC 2019) (grievance denied where employee attempted to engage in a fight with a third party). In sum, NETA suspended Mr. Howes and terminated Mr. Fitzgeralds employment for legitimate business reasons based on their own improper workplace conduct and unrelated to any alleged protected conduct.

City of Worcester v. Labor Relations Commission, 438 Mass. 177, 180 (2002). For instance, School Committees have the exclusive prerogative to determine certain matters of educational policy without bargaining. Lowell School Committee, 26 MLC 111, 113, MUP-1775 (January 28, 2000).

City of Worcester _v. Labor Relations Commission (Worcester), 438 Mass. 177, 180 (2002). To decide whether a subject properly falls within the scope of bargaining, the CERB balances a public employer's legitimate interests in maintaining its managerial prerogative to effectively govern against the impact on employees terms and conditions of employment.

National Association of Government Employees, Local 495 and City of Worcester, 2013 WL 1341022 (MUP-10-4686, 2013) (citations omitted). Additionally, [p]re-arbitration deferral is appropriate where: 1) the issues posed by the prohibited practice charge are essentially a question of contract interpretation; 2) the statutory issues raised are well settled; and 3) the resources of the DLR and the parties can be conserved through deferral.

See City of Worcester v. Labor Relations Commn, 438 Mass. 177, 180 (2002) (setting priorities for the deployment of law enforcement resources is a matter of Page 6 of 12 policy and exempt from the scope of bargaining).

It gave an example of a recent new hire with extensive experience with the City of Worcester who was placed at Step 3 of the Administrative Assistant salary scale. However, | am not able to conclude based on this evidence that there was an established practice of not hiring employees at the higher end of the salary scale.