Opinion The issue in this case is whether the School Committee failed to bargain in good faith Law of the 10(a)(5) in violation of Section unconditional support for funding a grievance Subcommittee of the School Committee. when actions settlement. of Laverty and/or Martin Martin settlement at the meeting failed offer to of the Finance To make this determination, | must first find that the parties reached a settlement to resolve the Hyson grievance
X MUP-14-3867 xX xX xX xX EMPLOYER RESPONSE TO THE ORDER OF THE COMMONWEALTH EMPLOYMENT RELATIONS BOARD The Order required the Superintendent of the employer, Franklin County Technical Regional School Committee, to unconditionally support the settlement of the Hyson grievance. The Order also required the posting for thirty (30) days of a posting, which was attached to the Order.
OFFICER OF THE MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS AN AGENCY OF THE COMMONWEALTH OF MASSACHUSETTS A Hearing Officer of the Massachusetts Department of Labor Relations (DLR) has held that the Franklin County Technical School Regional School Committee (School Committee), violated Section 10(a)(5) and, derivatively, Section 10(a)(1) of Massachusetts General Laws, Chapter 150E by failing to unconditionally support the request to fund a grievance settlement
The first is that Ms. bowler determined that the parties had reached a settlement agreement (Agreement) (Complaint, paragraph 9). The facts and exhibits in this case show that the Union sent a letter to the Superintendent entitled Proposed Compromise. This document is not entitled as a Settlement or even a tentative agreement.
INTRODUCTION At issue in this matter is whether the employer breached its duty to bargain when, pursuant to a grievance settlement, the Superintendent of Schools made a formal recommendation to the School Committee that another Business Technology instructor position be added, while permitting his subordinate, the schools Principal, to immediately make a contrary recommendation.
Elyse Cann, former FCTTA President, will testify about the issue of staffing in the Business Technology Shop, the negotiations for the April 7, 2014 settlement that the employer would seek to hire a second full time instructor for the 2014 2015 school year and the statements made by members of administration at the May 27, 2014 Curriculum Subcommittee meeting and the June 4, 2014 Finance Subcommittee meeting 2.
The School District denies the parties reached a settlement agreement, and therefore the allegations contained in paragraph 9 of the Complaint are denied. 10. The School District admits the allegations contained in paragraph 10 of the Complaint. 11. The School District denies the allegations contained in paragraph 11 of the Complaint. 12. The School District admits the allegations contained in paragraph 12 of the Complaint. 13.
The Association has failed to supply with its Charge any signed settlement agreement between the parties regarding the alleged grievance resolution. The Superintendent did state that he would support the hiring of a second shop teacher only if the School Committee Finance Sub-Committee supported the hiring of a second shop teacher. 2.
Elyse Cann, former FCTTA President, will testify about the issue of staffing in the Business Technology Shop, the negotiations for the April 7, 2014 settlement that the employer would seek to hire a second full time instructor for the 2014 2015 school and the statements made by members of administration at the year 27, 2014 Curriculum Subcommittee meeting and the June 4,May2014 Finance Subcommittee meeting 2.
In addition, the Parties are directed to confer as to whether they are willing to engage the services of a DLR Mediator for possible settlement. Utilization of a mediator will not delay the commencement of the Hearing. 1.
Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party. 456 CMR 15.04/1). INFORMATION ON CHARGING PARTY 17. Name 18. Representative to contact 20. Telephone Number Matthew D. Jones, Esq. (617) 878-8283 Franklin County Tech. Teachers Association 19. Address (street and No., city/town, state, and ZIP code) 21.