Town of Saugus, 29 MLC 208, 210- 211(2003). In the instant matter, the Department, through Dill and OConnor, presented its staffing level plans to the union during the course of its meetings regarding the closing of TSH. See Affidavits of Dill and OConnor. These plans were given after the parties had bargained the impacts of the proposed closing and the Unions members chose to exercise their bumping rights. See Dill Affidavit, 414.

Bristol County Sheriffs Department, 32 MLC at 161 (citing Town of Saugus, 2 MLC 1480, 1484 (May 5, 1976) (further citing A.H. Belo Corp., 170 NLRB 1558 (1968)). Further, failing to make any counterproposals may be indicative of surface bargaining.

Moreover, the crux of Weymouths it has no legal accountability for the School Department's hiring decision because it did not know about it, was previously addressed and rejected by the Board in Town of Saugus, 28 MLC 13, MUP-2343, CAS-3388 (June 15, 2001).

Town of Saugus, 14 MCSR 15 (2001); Soloman v. City of Fall River, 13 MCSR 161 (2000); Varone v. Human Resources Div., 13 MCSR 24 (2000); Cronin v. City of Brockton, 7 MCSR 13 (1994) 4 Fourth, insofar as Mr. Furey seems to seek to be deemed to have earned tenure on various theories, the undisputed facts establish that none of those theoretical possibilities are meritorious.

Town of Saugus, 8 MCSR 154 (1995). The Appellant argues that since the Appointing Authority failed to enclose the requisite statutes, specifically M.G.L. c. 31, 42, the statutory time should be expanded to allow a timely appeal.

Town of Saugus, Saugus Police Union and Saugus School Committee, 28 MLC 13, 17 (2001). In shared work cases, the employer is not obligated to bargain over incidental variations in job assignments. Here, the issue revolves primarily around the performance of the security functions on nights and weekends by the Director.

The states Human Resources Division shall place the name of Mark Michaud at the top of any current or future Certifications for the position of police officer in the Town of Saugus until he is appointed or bypassed; 2. Upon Mr. Michauds reconsideration, the Town shall take all appropriate steps to insure that his medical history shall not be reviewed or considered prior to a conditional offer of employment.

Town of Saugus, 14 11 MCSR 15 (2001); Soloman v. City of Fall River, 13 MCSR 161 (2000); Varone v. Human Resources Div., 13 MCSR 24 (2000); Cronin v. City of Brockton, 7 MCSR 13 (1994) Fourth, Mr. Katz seeks to be deemed to have earned tenure on various theories, but the undisputed facts establish that none of those theoretical possibilities are meritorious.

Int'l Ass'n of Firefighters, Local 1495, 415 Mass. 692, 694 (1993); Town of Saugus v. Newbury, 15 Mass. App. Ct. 611, 614 (1983). Here, in the first year of the relevant Agreement with the Union, the Town agreed to increase the number of Captain positions in the bargaining unit. The Town also requested and received an appropriation to fund the additional Captain position.

Special Asst Corporation Counsel Hollett Building 38 Main Street Saugus, MA 01906 HRDs Attorney: Suzanne L. Faigel, Esq. Human Resources Division One Ashburton Place Boston, MA 02108 Commissioner: Paul M.