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

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).

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.

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).

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.

City of Worcester, 39 MLC 271, 272, MUP-11- 6289 (March 29, 2013) (citing City of Boston, 29 MLC 6, 9 (2002) (further citing School Committee of Newton v. Labor Relations Commission, 388 Mass. 557, 574 (1983)).

Bedford, Waiver will no further inquiry is necessary. 38 MLC at 248 (citing City of Worcester, not found be unless the contract 16 MLC language 1327, 1333 expressly or by necessary implication confers upon the employer the right to implement the change in the mandatory subject of bargaining without bargaining with the union.

Moschos Mirick OConnell 100 Front Street Worcester, MA 01608-1477 dmoschos@mirickoconnell.com t 508.860.1422 f 508.983.6282 DELIVERED BY MESSENGER March 7, 2012 Edward Srednicki, Executive Secretary Department of Labor Relations Charles F. Hurley Building 19 Staniford Street, 4th Floor Boston, MA 02114 Re: Educational Association of Leicester/MTA and Town of Leicester (Health Insurance ULP) MUP-11-1198 Dear Mr.