Worcester Street, 2nd Floor, Worcester, MA 01604 508-791-2121 CERTIFICATE OF SERVICE I hereby certify that I have served a copy of this Charge of Prohibited Practice on the following representative of the opposing party.

Address (street and no., city/town, state, and ZIP code) MTA, Ty Field Rep & Organizer ' Telephone Number 12 East Worcester Street, 2nd Floor, Worcester, MA 01604 508-791-2121 CERTIFICATE OF SERVICE | hereby certify that | have served a copy of this Charge of Prohibited Practice on the following representative of the opposing party.

.); and see City of Worcester, 34 MLC 15 (2007) (finding that the use of GPS phones did not alter standards of productivity and performance for operators of sanders). In the instant matter, the change at issue is the individual to whom sick leave calls must be directed. The utilization of Workpartners does not modify in any way the standards to which employees are held under the CBA, nor does it impose any new obligation upon employees.

"* MLC Employers 154 (2007), the conclude Relying on City of Worcester, 33 that the parties had reached impasse because despite the unions documented desire to negotiate further, the parties had bargained in good faith, were deadlocked, and further negotiations would have been fruitless. The Association argues that the parties did not reach impasse because it believed that the October 24, 2007 meeting would be a continuation of the bargaining.

City of Worcester v National Association of Governmental Employees, Local 495, 39 MLC 247, 249 (2013) Zip Philip Brown OX Date: November 12, 2013 Certificate of Service I, Philip Brown, hereby certify that I have this day, by koest C lags Mail served a copy of the foregoing upon counsel for the City of Malden (DPW), Kathryn Fallon, Esq., City of Malden, 200 Pleasant St, Malden, MA 02148.

App.Ct. 907 (1990) (rescript); City of Worcester _v. International Bhd of Police Officers, 504, 1998 WL Local 1183944 (Mass. Sup. 1998) and cases cited. The point is, however, that the duty to interpret or enforce terms of a collective bargaining agreement that do not conflict with civil service law is not within the purview of the Commission.

See, City of Worcester v. Labor Relations Commission, 438 Mass. 177, 182 (2002). Additionally, this is not a situation where job duties changed. Cf.

City of Worcester, 22 MSCR 428 (2009). In its three (3) bypass letters, the MEP indicated that the driver history, in conjunction with the history of misconduct found in the MEPs in-house database relative to taxidermy and hunting violations, is justification for all three of the MEPs decisions to bypass the Appellant for appointment.

City of Worcester, 16 MLC 1327, 1334 n. 10 (1989). In such cases, the determination must be made whether the contract language expressly or by necessary implication confers upon the employer the right to implement the change. Commonwealth of Massachusetts, 19 MLC 1454, 1456 (1992) citing Melrose School Committee, 9 MLC 1713, 1725 (1983). The Labor Relations Commissions decision in Commonwealth of Massachusetts is instructive.

City of Worcester, 16 MLC 1327, 1333, MUP- 16 6810 (Oct. 19, 1989). If the language is ambiguous, the CERB will review the parties 17 bargaining history to determine their intent.

Assistant District Attorney/Records Access Officer Worcester County District Attorneys Office 225 Main Street, G-301 Worcester, MA 01608 Dear Attorney Relation: I have received the petition of Murat Erkan, Esq. appealing the response of the Worcester District Attorneys Office (Office) to a request for public records. G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1).