Employment Relations Board (Board) Suffolk County Sheriffs Department, will find that no 30 MLC 1, 6 (2003). 3 Arbitrator Waxman reasoned that the three day suspension imposed on CD by the 2001 Discipline Letter was the Employer's initial assessment of the appropriate discipline for an employee who failed to provide medical care and then attempted to cover up the fault by altering a legal document. Dismissal (cont.)

In Suffolk County Sheriffs Department, the Board affirmed that unscheduled overtime is not a term or condition of employment obligating the employer to bargain. 39 MLC 100, SUP-09-5493, SUP-095496, (October 25, 2012). 5 Because the Union did not provide sufficient evidence to satisfy the first and second elements of the unilateral change analysis, I need not address the final element regarding prior notice and an opportunity to bargain. 5 Dismissal

Rosa worked as a Correction Officer for the Suffolk County Sheriffs Department. In 2011, he worked for the Suffolk County Superior 1 Exhibits 11 and 12 are included only for identification purposes. 2 Court Probation Department. He received glowing reviews from these employers. They characterized him as hardworking, amiable, and dependable. He also has worked for two private security companies and as a Tae Kwon Do instructor. (Exhs 1 & 2) 5.

Suffolk County Sheriffs Department, 27 MLC 155, 159, MUP-1498 (June 4, 2001).

See Suffolk County Sheriffs Department, 30 MLC 1, 8 (2003); Commonwealth of Massachusetts, 15 MLC 1156 (H.O. 1988), affd 17 MLC 1007, 1010 (1990).

Suffolk County Sheriffs Department, 27 MLC 155, 159, MUP-1498 (June 4, 2001).

Suffolk County Sheriffs Department, 27 MLC 155, 159, MUP-1498 (June 4, 2001). Here, the NRC failed to provide a shred of evidence that its purported reason was nothing more than a pretext. The NRC claims that it removed Swanton from his driving position immediately because his on-going medical issues would place children in danger.

Suffolk County Sheriff's Department, 30 MLC 1, 6, MUP-2630 and MUP2747 (August 19, 2003). If the evidence is insufficient to support the finding of an agreement, or if the parties hold differing good faith interpretations of the language at issue, then the CERB will conclude that no repudiation has occurred. Id. Here, the Union and the Employer agree that a settlement was reached and agree on the terms of the settlement.

Id., citing Suffolk County Sheriff's Department, 30 MLC 1, 6 (2003); City of Boston/Boston Public Library, 26 MLC 215, 216-217 (2000). If the evidence is insufficient to find an agreement concerning the issue in dispute or if the parties hold differing, good faith interpretations of the terms at issue, the Board will find no violation of the Law.

Suffolk County Sheriffs Department, 30 MLC 1, MUP-2630, MUP-2747 (Aug. 19, 2003); City of Boston, 26 MLC at 217. If the language of the agreement is ambiguous, the Board looks to the parties bargaining history to determine whether there was an agreement. City of Waltham, 25 MLC 59, 60, MUP-1427 (Sept. 8, 1998).

He now works as a correctional officer for the Suffolk County Sheriffs Department. (Exhibit 4) 3. Mr. Rivera-Hernandez passed the civil service examination June 12, 2021. (Stipulated Facts) 4. On July 1, 2022, the states Human Resources Division (HRD) established an eligible list of candidates for the position of Boston Police Officer.