Counsel Hollet Building 38 Main Street Saugus, MA 01906 Commissionner: Paul M. Stein DECISION Pursuant to the provisions of G.L. c. 31 2(b), the Appellant, Kevin Vaughn, appealed to the Civil Service Commission (Commission), from a decision of the Respondent, City of Boston (hereinafter Boston), as Appointing Authority, challenging his bypass for selection to a position of Parking Meter Operations Foreperson. The appeal was timely filed.

Hurley Building 19 Staniford Street, 1* Floor Boston, MA 02114 Ferruccio Romeo 9 Hitching Hill Rd Saugus, MA 01906 RE; January 17, 2020 MUP-20-7789, Town of Winthrop: Supplemental/Amended Charge On January 10, 2020, the Complainant, Ferruccio Romeo (Mr.

ROBERTS DIRECTOR | BoaRD MEMBER JOAN ACKERSTEIN BOARD MEMBER January 15, 2020 Ferruccio Romeo 9 Hitching Hill Road Saugus, MA 01906 -Re: MUP-20-7789, Town of Winthrop Dear Mr.

September 30, 2020 Ferruccio Romeo 9 Hitching Hill Road Saugus, MA 01906 Thomas Fowler, Esq Lichten & Liss-Riordan, P.C. 729 Boylston Street, Suite 2000 Boston, MA 02116 Howard Greenspan, Esq. 220 Broadway, Suite 304 Lynnfield, MA 01940 Re: MUP-20-7789, Town of Winthrop and Ferruccio Romeo Dear Mr. Fowler, Mr. Romeo and Mr.

Town of Saugus, 2 MLC 1480, 1484 (1976); City of Chicopee, 2 MLC 1071, 1074 (H.O. 1975). A party engages in surface bargaining when an examination of the course of bargaining reveals various elements of bad faith bargaining that, together, tend to show that the dilatory party did not seriously try to reach a mutually satisfactory basis for agreement, but intended merely to shadow box to an impasse. City of Marlborough, 34 MLC 72, 77 (2008).

Town of Saugus, 2 MLC 1480, 1484, MUP-591 (May 5, 1976); City of Chicopee, 2 MLC 1071, 1074, MUP-2227, 2282, 2253 (H.O, August 20, 1975).

In Matter of City of Boston/Boston Public Library and AFSCME, Council 93, Local 1526, AFL-CIO, 2013 WL 5488787, *31 (2013), citing Town of Saugus, 2 MLC 1480, 1484 (1976) and City of Chicopee, 2 MLC 1071, 1074 (H.O. 1975). A party engages in surface bargaining when its approach to bargaining demonstrate[s] an unyielding rigidity during negotiations that render[s] collective bargaining a futility.

Bristol County Sheriff's Dep't, 32 MLC at 161; Town of Saugus, 2 MLC 1480, 1484, MUP-591 (May 5, A categorical rejection of a union's proposal with 1976)(additional citations omitted). Revere little discussion or comment does not comport with the good faith requirement. School Committee, 10 MLC 1245, 1249, MUP-5008 (September 29, 1983).

Town of Saugus, 28 MLC 13, 17, CAS-3388 (June 45, 2001); City of Somerville, 23 MLC 256, 259, MUP- 8160 (May 2, 1997). Rather, the employer is only required to bargain if there is a MUP-2343, calculated displacement of unit work. Town of Bridgewater, 23 MLC 8650 (December 30, 1998). Accordingly, if unit members had 103, 104, MUP- performed an ascertainable portion of the work, a significant reduction in the portion of the work 62 H.O.

Labor Relations Commission, 388 Mass. at 563 (while a decision to reduce janitorial services was not subject to bargaining, the means of achieving a reduction in force, by layoffs or otherwise, and the impacts of that decision on wages, hours, and other terms and conditions of employment were subject of collective bargaining); see also, Town of Saugus, 29 MLC 208 (2003) (differentiating case law that holds there is no bargaining obligation regarding

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Town of Saugus, 30 MLC 9 (2003). The DLR employs a liberal standard, similar to the standard used in determining relevancy in civil litigation discovery proceedings, in determining whether information requested by a union is relevant. Bristol County Sheriffs Department, 32 MLC 76 (2005).

Town of Saugus, 8 MCSR 154 (1995). Here, Mr. Stokinger and Mr. Picard appealed years after their non-selection. They assert that, until the arbitration Award, the appointments in question were not final and their appeals would have been premature. This effort to excuse the timely filing of an appeal does not pass muster. As to the January 2008 appointments, there was no arbitration proceeding.

Town of Saugus, 21 MCSR 667 (2008). See also Fairbanks v. Town of Oxford, 30 MCSR 38 (2017); Lombardozzi v. Town of Leicester, 287 MCSR 298 (2014). Order of Relief Pursuant to its authority under Chapter 310 of the Acts of 1993, the Commission hereby ORDERS that the Massachusetts Human Resources Division and/or the City of Somerville, in its delegated capacity, take the following actions: A.