Ct. 926 (1992); Town of Dennis, 26 MLC 203, 205, MUP-1868 (April 21, 2000) (It is well 5 Loconto stated that the Union had processed the grievance to arbitration, which was pending at the time of the investigation. 5 Dismissal (cont'd) SUP-19-7555 established that a charge of prohibited practice must be filed with the DLR within six months of the alleged violation or within six months of the date the violation became known or should have become known

Labor Relations Commn, 443 Mass. 315 (2005)..22, 23 Town of Carver, 35 MLC 29, MUP-03-3894 (June 30, 2008)23 Town of Dennis, 29 MLC 79, MUP-01-2976 (Oct. 10, 2002)23 Worcester v. Labor Relations Commn, 438 Mass. 177 (2002)..15 Wynn v. Wynn, P.C. v.

Ct. 926 (1992); Town of Dennis, 26 MLC 203, 205, MUP-1868 (April 21, 2000) (It is well - 50 - 6 Loconte stated that the Union had processed the grievance to arbitration, which was pending at the time of the investigation. established that a charge of prohibited practice must be filed with the DLR within six months of the alleged violation or within six months of the date the violation became known or should have become known to the charging party)

Ct. 926 (1992); Town of Dennis, 26 MLC 203, 205, MUP-1868 (April 21, 2000). In this matter the University posits that the operative date for the Department to consider is August 2, 2019 outside of the six-month statutory bar.

Town of Lenox, 29 MLC 51, MUP-013214, MUP-01-3215 (September 5, 2002) (citing Town of Dennis, 26 MLC 203, MUP-1868 (April 21, 2000)). The six-month period of limitations for filing charges with the DLR begins to run when the party adversely affected receives actual or constructive notice of the conduct alleged to be an unfair labor practice.

See (obligating an employer to bargain also Town of Dennis, 12 MLC 1027, regarding the impacts on mandatory 1031 subjects of bargaining of a decision involving a managerial prerogative to discontinue private police details at liquor service establishments).

Massachusetts Commission Against Discrimination, 431 Mass. 655 (2000); Town of Dennis, 29 MLC 79, 83, MUP-01-2976 (October 10, 2002). Direct evidence is evidence that, if believed, results in an inescapable, or at least highly probable, inference that a forbidden bias was present in the workplace. Wynn & Wynn, 431 Mass. at 667 (citing Johansen v. NCR Comten, Inc., 30 Mass. App. Ct. 294, 300 (1991)).

Town of Dennis, supra. Accordingly, the CERB may not now order that the City restore Knightlys prosecutorial work. The most it could order is that he be returned to perform only his non-prosecutorial duties. If that were the case his position would be dramatically limited in scope. The CERB could not therefore order that he be restored to a full reinstatement of his position.

Labor Relations Commission, 390 Mass. 157, 166 (1983). see also, Town of Dennis and Local 579, International Brotherhood of Police Officers, 26 MLC 203 (2000).

See Town of Dennis, 12 MLC 1027, 1029 (1985) (town required to impact bargain over decision to eliminate details at liquor stores prior to implementing the decision).

Town of Dennis, 29 MLC 79, 83 (2002); Town of Athol, 25 MLC 208, 211 (1999); Town of Clinton, 12 MLC 1361, 1365 (1985).

Town of Dennis, 26 MLC 203 (2000). In this case, the Union had notice of the establishment of the civilian Records Supervisor position since at least January 2014. It did not ask to bargain at that time, or any time since.

Town of Lenox, 29 MLC at 52 (citing Town of Dennis, 26 MLC 203 (2000)). Additionally, the Division has previously rejected arguments that the six- month limitation should start to run on the effective date of the change. Id.

Town of Dennis, 28 MLC 297 (2002). Changes to the amount of co-payments that employees are required to pay under employer provided health insurance plans are changes to the cost of health insurance and therefore an employer must give notice and bargain with a union to resolution or impasse prior to implementing changes to health insurance co-payments unless the union waives its right to bargain. Id.

Town of Dennis, 28 MLC 297, 301 (2002); Town of Ludlow, 17 MLC 1191, 1195-1196 (1990). However, the City contends that it satisfied its statutory bargaining obligation, negotiated to impasse with the Union over the proposed changes. 22 because it Upon review of the _ H.Q. Decision (cont'd) MUP-08-5304 facts before me, | conclude that the City and the Union had reached impasse in their negotiations.

See 8 Town of Dennis, 30 MLC 119, MUP-01-2976 (February 12, 2004) (where towns conduct 9 strongly suggested that it failed to fully understand its obligation to comply with both the 10 letter and the spirit of the CERBs order, but later was found to be in full compliance, 11 CERB issued a supplemental order requiring town to cease and desist from not complying 12 with CERB orders).

See 8 Town of Dennis, 30 MLC 119, MUP-01-2976 (February 12, 2004) (where towns conduct 9 strongly suggested that it failed to fully understand its obligation to comply with both the 10 letter and the spirit of the CERBs order, but later was found to be in full compliance, 11 CERB issued a supplemental order requiring town to cease and desist from not complying 12 with CERB orders).

Also, at my request, I have received and reviewed the names and credentials of the four Assessment Center panelists, which includes a former Director of HRDs Civil Service Unit, the Director of the Rhode Island Fire Academy, Fire Chief (New Hampshire and Dennis, MA) a Deputy Chief (Worcester, MA), HR Director (Worcester, MA) and a Police Chief (Ipswich). Most have served as panelists on dozens of Assessment Centers.