Corbett 34 Auburndale Road Marblehead, MA 01945 Dear Ms. Corbett: Effective this date, your employment with the Department of State Police is terminated. This decision, made pursuant to Article 23 of the Commonwealth-M.0.S.E.S. Collective Bargaining Agreement (CBA) and M.G.L. c. 22C, 9, is based upon you misrepresenting anWV/or incorrectly reporting possession of a Bachelor of Science degree in Chemistry and/or related conduct.!

Decision (cont'd) SUP-12-1541 Regional School Committee, 31 MLC 191, 202, MUP-01-3231, MUP-01-3232, MUP-013233 (June 8, 2005); Commonwealth of Massachusetts, 26 MLC 228, 231, SUP-4288 (June 13, 2000); Town of Marblehead, 1986). The waiver needs to be clear and unmistakable. v. Labor Relations Commission, Relations Commission, 48 12 MLC 1667, 1670, MUP-5370 (March 28, School Committee of Newton 388 Mass. 557, 569 (1983); City of Boston v.

Town of Marblehead, 12 MLC 1667, 1670 (1986). In particular, the Department must determine whether the contract language "expressly or by necessary implication" confers upon the employer the right to implement changes in a mandatory subject of bargaining without bargaining with the union. Melrose School Committee,9 MLC 1713, 1725(1983).

Inhabitants of the Town of Marblehead, 68 F.2d 875, 877 (1% Cir. 1934). Rather, an arbitrators award is legitimate only so long as it draws its essence from the collective bargaining agreement that the arbitrator is confined to interpret and apply. See Sheriff of Suffolk County v. AFSCME Council 93, Local 419, 67 Mass.App.Ct. 702, 706-707 (2006).

Town of Marblehead, 12 MLC 1667,1670 (1986). The Commonwealth cannot carry its burden. It is clear that the 2014 MOUs efficacy ended with the removal of the GPS system in 2015 and, moreover, that the Union never waived its right to bargain over the installation of the new INSIGHT system in 2019. Both parties mutually abandoned the MOU and took no action consistent with its requirements after the order removing the GEOTAB accessories.

Town of Marblehead, 1 MLC 1140 (1974). Indeed, general on-site access to bargaining unit members is a mandatory subject of bargaining. Bristol County Sheriff's Department, 32 MLC 111, 115 (2005), see, generally, Bristol County Sheriff's Department, 31 MLC 6 (2004), City of Boston/Deer Island House of Correction, 19 MLC 10 1613 (1992).

Massachusetts Board of Regents, 15 MLC 1265, 1269 (1988); Town of Marblehead, 12 MLC 1667, 1670 (1986); City of Worcester, 16 MLC 1327, 1333 (1989); Peabody School Committee, 28 , MLC 19, 21 (2001).

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

Town of Marblehead, 24 MCSR 334 (2011) and cases cited. Providing incorrect or incomplete information does not always equate to untruthfulness, which is an inherently subjective determination that should be made only after a thorough, serious and [informed] review that is mindful of the potentially career-ending consequences that such a conclusion has on a law enforcement officer. . . . See Kerr v.

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 agreement. Town of Mansfield 25 MLC 14, 15 (1998). If the language clearly, unequivocally and specifically permits the employer to make the change, no further inquiry is necessary. Cityof Worcester, 16 MLC 1327, 1333 (1989).

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 agreement. Town of Mansfield 25 MLC 14, 15 (1998). If the language clearly, unequivocally and specifically permits the employer to make the change, no further inquiry is necessary. City of Worcester, 16 MLC 1327, 1333 (1989).

Central Street Hingham, MA 02043 Michelle Ayer, Chair, School Committee HOPKINTON, MA SUPERINTENDENT 89 Hayden Rowe Street Hopkinton, MA 01748 Jean Bertschmann, Chair, School Committee IPSWICH, MA SUPERINTENDENT 1 Lord Square Ipswich, MA 01938 Carl Nylen, Chair, School Committee 781-741-1500 508-417-9360 978-356-2935 KILLINGLY, CT SUPERINTENDENT 79 Westfield Avenue 860-576-5740 Killingly, CT 06239 Jennifer Thompson, Chairperson, Board of Education MARBLEHEAD