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Representative to contact Joy Curtis, Senior Vice President of Human Resources Address (street and No., city/town, state, and ZIP code) 230 Highland Avenue, Cambridge MA 02143 6. Employee Organization (if any): Massachusetts Nurses Association 8. 7. Representative to contact Roland N. Goff Address (street and No.. citv/fown. state. and ZIP code) Street, 2nd Floor, Canton, Telephone Number 617-591-4510 5. Fax Number 9.

City of Boston, 28 MLC 2002); City of Cambridge, 28 MLC 28, MUP-9181 369, 362, MUP-2267 (May 371, (June 28, 1996).However, the events at issue in the cited cases did not involve infrequent or sporadic activity, as is the situation here.

Likewise, in City of Cambridge, 23 MLC 28, 36 (1996), the LRC held that a ten-year practice of assigning work to unit members was binding and enforceable. Here, since 2005, the Citys promotional process was comprised of two components: (1) a multiple choice examination for 80 percent of a candidates score; and (2) education and experience for the remaining 20 percent of the score.

City of Boston, 28 MLC 2002); City of Cambridge, 28 MLC 28, MUP-9181 369, 362, MUP-2267 (May 371, (June 28, 1996).However, the events at issue in the cited cases did not involve infrequent or sporadic activity, as is the situation here.

Likewise, in City of Cambridge, 23 MLC 28, 36 (1996), the LRC held that a ten-year practice of assigning work to unit members was binding and enforceable. Here, since 2005, the Citys promotional process was comprised of two components: (1) a multiple choice examination for 80 percent of a candidates score; and (2) education and experience for the remaining 20 percent of the score.

City of Boston, 28 MLC 2002); City of Cambridge, 28 MLC 28, MUP-9181 369, 362, MUP-2267 (May 371, (June 28, 1996).However, the events at issue in the cited cases did not involve infrequent or sporadic activity, as is the situation here.

Likewise, in City of Cambridge, 23 MLC 28, 36 (1996), the LRC held that a ten-year practice of assigning work to unit members was binding and enforceable. Here, since 2005, the Citys promotional process was comprised of two components: (1) a multiple choice examination for 80 percent of a candidates score; and (2) education and experience for the remaining 20 percent of the score.

As indicated in City of Cambridge and Cambridge Police Superior Officers Association, MUP-9171 (1996) Applying Commission precedent, we find that, as of September 4, 1991, the Association had acquired information sufficient to constitute actual notice of the City's plan, with the appointment of superintendents and deputy superintendents, to assign commanding officer duties to non-bargaining unit personnel.[54] Further, the record demonstrates that

City of Worcester, MUP-14-3596 (October 17, 2016) (Worcester) (citing City of Cambridge, 23 MLC 28, 36, MUP-9171 (June 28, 1996), affd sub nom., Cambridge Police Superior Officers Association v. Labor Relations Commission, 47 Mass. App. Ct. 1108 (1999)).

Abban, 434 Mass. 256, 259 (2001), citing City of Cambridge v. Civil Serv. Commn, 43 Mass.App.Ct. 300, 304 (1997). Basic merit principles means, among other things, assuring fair treatment of all applicants and employees in all 13 aspects of personnel administration. . . and protecting employees from arbitrary and capricious actions. G.L. c. 31, 1.

City of Cambridge v. Civil Service Commn, 43 Mass. App. Ct. 300, 303-305, rev. den., 428 Mass. 1102 (1997) (emphasis added). However, the governing statute, G.L. c. 31, 2(b), gives the Commissions de novo review broad scope to evaluate the legal basis of the appointing authority's action and it is not necessary for the Commission to find that the appointing authority acted arbitrarily and capriciously. Id.

City of Cambridge, 7 MLC 2111, MUP-3386 (May 6, 1981). If the CERB determines that deferral is inappropriate, it will resume processing the matter. Here, the Investigator investigated the charge and, after finding no probable cause to believe that a violation of the Law had occurred, dismissed the charge. See generally, M.G.L. c. 150E, 11.