On August 12, 2011, the NEPBA and the DOC executed a settlement agreement to resolve an unfair labor practice charge that was filed with the DLR and docketed as case number SUP-09-5473 (See Attached Settlement Agreement).
Based upon the past practice of the parties, as well as the August 12, 2011 settlement agreement attached hereto, it was the unions understanding that the Employer would fill the vacant Captain positions as soon as possible.
Association, practice Relations (DLR), alleging that the Commonwealth with the Department Local of Labor of Massachusetts (Commonwealth), through the Department of Correction (DOC), had engaged in prohibited practices within the meaning of Massachusetts in-person investigation Complaint but General Laws, Chapter 150E (the Law).' of these allegations on May dismissed the allegation that the 15, 2017, DOC had Following an | issued a one-count repudiated a settlement
In dismissing so much of the Charge as alleges that the Department violated Section 10(a)(5) by repudiating the August, 2011 Settlement Agreement (the Agreement), the Investigator found that the Union failed to produce evidence demonstrating that the Department clearly agreed to maintain nine (9) captains positions at SBCC indefinitely. The Respondent respectfully submits that the Investigators conclusion is unassailable.
(NEPBA Local 200) And Massachusetts Department of Corrections (DOC) NEPBA NOTICE OF WITHDRAWAL The Massachusetts DOC Captains, affiliated with the New England Police Benevolent Association NEPBA Local 200 and the Massachusetts Department of Corrections entered into a written settlement agreement resolving the above matter on October 6, 2017.
It continued to allege that the Employer repudiated a settlement agreement, but changed the basis for the charge to allege a failure to timely abide by the settlement agreement. MUP-15-4814 Dismissal (Cont'd) BACKGROUND The Union and the Employer are parties to a collective bargaining agreement (CBA) effective September 1, 2010 through August 31, 2016.
In settlement of the dispute, the Union and the School Committee agreed that Mr. Galvez would be recalled to his position retroactive to September 2, 2014 and be given back pay for the same period. A true copy of that settlement agreement is attached hereto. The payment to Mr. Galvez was to be remitted "upon execution of this agreement[.]" The agreement was fully executed on May 22, 2015.
On May 14, 2013, I became aware that the City of Boston intended to make an offer of settlement to Donna Glynn to settle the arbitration case. See Exhibit 1 Attached. 5. On May 20, 2013, I was copied on an e-mail sent to Donna Glynn from AFSCME Representative Mark Bernard with a copy of the City of Bostons proposed settlement. See Exhibit 2 Attached. 6. On May 21, 2013, I became aware that Ms.
Srednicki: Please find enclosed the original and two copies of the City of Boston's Response to the Charge of Prohibited Practice and Repudiation of a Settlement Agreement. A copy of this Response was sent to counsel for the union, Joseph L. DeLorey, Esq.. Thank you for your attention to this matter. Sincerely, Ahsan K. Ali, Esq. Labor Counsel ec: Joseph L. DeLorey, Esq.
Srednicki: Please fmd enclosed the original and two copies of the City of Boston's Response to the Charge of Prohibited Practice and Repudiation of a Settlement Agreement. A copy of this Response was sent to counsel for the union, Joseph L. DeLorey, Esq.. Thank you for your attention to this matter. Sincerely, Ahsan K. A l i , Esq. Labor Counsel CC: Joseph L. DeLorey, Esq.
The Settlement also called for modification of the job specifications for the titles referenced in the Settlement. Sometime after the execution of the Settlement, all positions referenced in the Settlement were filled. However, while subsequent vacancies in the District Manager positions have been filled, certain subsequent vacancies in positons that were the subject of the Settlement have not been.
The Regional Coordinator position was created pursuant to a settlement agreement signed in 2011. Originally there were 12 of these positions, however through restructuring the number of positions has been reduced to 11. Over the years, the incumbents of the RC position have vacated their positions. Those positions have been refilled when finances permit and operational need is present but at times vacancies exist. .
of & Recreation Dear Attorneys Ventrella and Detwiler: On January 12, 2017, AFSCME Council 93 (Union) filed a charge with the Department of Labor Relations (DLR), alleging that the Commonwealth - of Massachusetts Department of Conservation and Recreation (Employer) had engaged in prohibited practices within the meaning of Section 10(a)(5) and, derivatively, Section 10(a)(1) of Massachusetts General Laws, Chapter 150E (the Law) by repudiating two settlement
(FAX)617 376 0285 SETTLEMENT P.002/006 AGREEMENT This Settlement Agreement is entered into on this __ day of January, 2012, by and between the Worcester School Committee (hereinafter, the Committee) and NAGE R1-156, 52 Week Secretaries (hereinafter, the Association or the Union).
Cole she would send a proposed settlement agreement to him to review. On February 10, 2017, Ms. Fitzpatrick sent an email to Mr. Cole with a settlement agreement for Ms. DiResta attached. See Joint Exhibit 3. On February 14, 2017, Mr. Cole sent an email to Ms. Fitzpatrick, which stated, in part: Via a proposed settlement agreement Ms. DiResta will be permanently removed from the hot line and receive a five (5) day suspension.
Shortly thereafter, Fitzpatrick contacted Cole and they began discussing potential settlement options. Over the next few weeks, Fitzpatrick and Cole had several discussions regarding the matter, as Cole and the Employer was considering concluded settlement terminating DiRestas employment.
DiResta was unsure of whether to agree to the settlement because she did not see the report. Without the report, Cole could not gauge the strength of the Departments case against DiResta, making it difficult to properly advise her about whether to accept the settlement.
DiResta was unsure of whether to agree to the settlement because she did not see the report. Without the report, Cole could not gauge the strength of the Departments case against DiResta, making it difficult to properly advise her about whether to accept the settlement.
On Feb 22, 2017, the Union signed a settlement agreement memorializing the terms of Ms. DiRestas suspension and re-assignment. Within the settlement, the Union agreed to the following: The Union and Ms. DiResta individually agree to accept the terms of this settlement Agreement as full and final settlement of any and all claims arising -from the incidents giving rise to this matter. Nowhere in the settlement was Ms.
LJ Yes No Rejection of Union proposal of reasonable confidentiality agreement renders settlement impossible. Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party. 456 CMR 15.04(1). INFORMATION ON CHARGING PARTY 17.
In addition, the Parties are directed to confer as to whether they are willing to engage the services of a DLR Mediator for possible settlement. Utilization of a mediator will not delay the commencement of the Hearing. 1.
Paragraph 11(b) of the Settlement Agreement provides that, prior to a return to active duty, Officer Bondarek will successfully complete a Fitness for Duty examination, including standard physical, psychological and drug testing, administered by medical professionals designated by the Town. (Emphasis Added) See Settlement Agreement, ExhibitA. Consistent with the parties Settlement Agreement, the Town designated Dr.
The Town of Sandwich entered a Settlement Agreement with the International Brotherhood of Police Officers, Local 515 and bargaining unit member Officer Brian Bondarek on or about September 24, 2012. (Ex. A).
Yes Note: The Division may decline to issue a complaint unless No reasonable settlement efforts have been made by the charging party. 456 CMR 15.04(1). The Division may refer the charge to a Division mediator for settlement discussions, INFORMATION ON CHARGING PARTY 17, Name 18. United Steelworkers, Local 5696 Representa to tive contact 19. Address (street and!
Box 285168 Boston, MA 02128-5168 SUBJECT: | Compromise Settlement: Massport and Local $2, IAAF; Firefighter Edward Doherty Thirty (30) Day Suspension Grievance #82-374-15 Dear Mr.
Yes L] No Through the grievance, Local S-2 sought to settle this matter unsuccessfully, but impacts all members Note: The Division may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party 456 CMR 15.04(1). The Division may refer the charge to a Division mediator for settlement discussions. INFORMATION ON CHARGING PARTY 18. Name 19.
Note: CMR The Division may decline to issue a complaint unless reasonable settlement 15.04(1). ~ efforts have | | been made The Division may refer the charge to aa Division mediator for settlement discussions. _|Yes No by the charging party. 456 INFORMAT: ION ON CHARGING PARTY 417. Name a 18. United Steelworkers, Local 5696 = 19. Representative to contact 20. Alan J.
In addition, the Parties are directed to confer as to whether they are willing to engage the services of a DLR Mediator for possible settlement. Utilization of a mediator will not delay the commencement of the Hearing. 2.