Massachusetts Board of Regents, 15 MLC 1265, 1269 (1988); Town of Marblehead, 12 MLC 1667, 1670 (1986). The initial inquiry focuses upon the language of the contract. Town of Mansfield, 25 MLC 14, 15 (1998). If the language clearly, unequivocally and specifically permits the public employer to make the change, no further inquiry is necessary.

Cin: of Leominster, 23 MLC 62, 65 (1996); Town of Marblehead, \2 MLC 1667, 1670 (1986). A waiver to the statutory right to bargain over a particular subject cannot be inferred lightly. Rather, it must be shown clearly. unmistakably, and unequivocally.

See City of Newton, 29 MLC 135, 138 (2003); City of Worcester, 16 MLC 1327, 1333 (1989); Massachusetts Board of Regents, 15 MLC 1265, 1269 (1988); Town of Marblehead, 12 MLC 1667, 1670 (1986). As a result, the Town did not violate Section 10(a)(5) and, derivatively, Section 10(a)(1) when it installed and ultimately activated the GPS devices in Police Department vehicles. C.

Ct. 169, 174 (1999); City of New Bedford, 38 MLC at 248; Massachusetts Board of Regents, 15 MLC 1265, 1269, SUP-2959 (Nov. 18, 1988); Town of Marblehead, 12 MLC 1667, 1670, MUP-5370 (Mar. 28, 1986). A waiver by contract will not be lightly inferred. There must be clear and unmistakable showing that such waiver occurred through the bargaining process or the specific language of the agreement.

Town of Marblehead, 24 MCSR 334 (2011) and cases cited. Providing incorrect or incomplete information during the hiring process does not automatically equate to untruthfulness.

Town of Marblehead, 24 MCSR 334 (2010) (Given the potentially career-ending consequences of finding that a police officer has been untruthful, the fact finders decision regarding alleged untruthfulness . . .should be made with the 45 highest degree of objectivity and supported by a preponderance of the evidence); Robichau v.

Organization recognizes the Union as the sole and exclusive bargaining representative with respect to salaries, hours of employment and other conditions of employment for all full-time employees and all part-time employees regularly scheduled to work at least twenty (20) hours per week at any North Shore Satellite locations including the following locations: -l- Spaulding Outpatient Center Marblehead-JCC The Jewish Community Center 4 Community Road, Marblehead

Massachusetts, 26 MLC 228, 231 (2000), citing, (1986). of Town of Marblehead, 12 MLC 1667, 1670 The waiver needs to be conscious and unmistakable. contract is ambiguous, the Commission Commonwealth Id. If the language to the will review the parties' bargaining history to determine their intent. Massachusetts Board of Regents, 15 MLC 1265, 1269 (1988).

Town of Marblehead, Docket No.: G-02-404 (2005) (Appellants past performance in a civil service position was a legitimate bypass reason). The Towns failure to adequately consider the candidates performance over time, in combination with the Town having ignored the eight point disparity in examination scores, strongly suggests that the Town violated basic merit principles.

Town of Marblehead, 24 MCSR 334 (2011). The corollary to the serious consequences that flow from a finding that a firefighter violated the duty of truthfulness requires that any such charges must be carefully scrutinized so that the employee is not unreasonably disparaged for honest mistakes or good faith mutual misunderstandings. See, e.g., Boyd v.