MLC Town of Marblehead, 12 1667, 1670 (1986). The School Committee presented evidence that the parties had at least two rounds of negotiations for a collective bargaining agreement since the employer raised the issue if overtime in late 2004. entered into two memorandums of agreement. 2005 and another in December 2007. The parties ultimately One in or around June 27, See Jtx 2, Ex 10.

Thus, while the Board placed dispatchers into their own bargaining unit instead of in a wall-to-wall city-wide unit in City of Somerville, 24 MLC (1998), it also denied petitions seeking units in Town of Marblehead, 27 MLC MCR-09-5360 dispatchers UMass (April 5, 2010). and Lowell, uniformed to sever dispatchers 142, MCR-4799 from CAS-3217 civilian wall-to-wall (2001) and City of Worcester, And, critical to this case, it granted a petition severing

Comm. (1983)); Town of Marblehead, 1 MLC (or a unit members) the union with prior notice and a meaningful See, e.g., Sch. Comm. of Massachusetts of Newton employment, of Boston, 35 MLC v. Labor Relations Commn, v. Labor Relations Comm/n, 1140, 1145 (1974). 388 Mass. 404 557 In this instance, of course, the School Committee did nothing of the sort.

Comm. (1983)); Town of Marblehead, See, e.g., Sch. Comm. of Boston, 35 MLC v. Labor Relations Commn, 404 of Newton v. Labor Relations Commn, 388 Mass. 557 1 MLC of Massachusetts 1140, 1145 (1974). In this instance, of course, the School Committee did nothing of the sort.

Comm. (1983)); Town of Marblehead, See, e.g., Sch. Comm. of Boston, 35 MLC v. Labor Relations Commn, 404 of Newton v. Labor Relations Commn, 388 Mass. 557 1 MLC of Massachusetts 1140, 1145 (1974). In this instance, of course, the School Committee did nothing of the sort.

Massachusetts Board of Regents, 15 MLC 1265, 1269 (1988); Town of Marblehead, 12 MLC 1667, 1670 (1986).* AFSCME agrees with and adopts the Hearings Officers application of law to the facts as to the agreements Management Rights Clause, the agreements Zipper Clause, and the agreements seniority clause appearing from page 35, line 5 through p.40, 1. 5, and with her conclusion that none of these clauses allowed the City to reduce employee hours.

Ct 169, 174 (1999); Massachusetts Board of Regents, 15 MLC 1265, 1269 (1988); Town of Marblehead, 12 MLC 1667, 1670 (1 986). A waiver by contract will not be lightly inferred. There must be a clear and unmistakable showing that sucha waiver occurred through the bargaining process or the specific. language of the agreement. City of Taunton, 1336 (1985). | 1334, 11 MLC The initial inquiry focuses on the language of the contract.

Ct. 169, 174 (1999); Massachusetts Board of Regents, 15 MLC 1265, 1269 (1988); Town of Marblehead, 12 MLC 1667, 1670 (1 986). A waiver by contract will not be lightly inferred. There must be a clear and unmistakable showing that such a waiver occurred through the bargaining process or the specific. language of the agreement. of Taunton, 11 MLC City 1336 (1985). | 1334, The initial inquiry focuses on the language of the contract.

Massachusetts Board of Regents, 15 MLC 1265, 1269 (1988); Town of Marblehead, 12 MLC 1667, 1670 (1986). The initial inquiry focuses MLC 14, 15 (1998). upon the language of the contract. Town 25 If the language clearly, unequivocally, and specifically permits the public employer to make the change, no further inquiry is necessary. 16 MLC of Mansfield, 1327, 1333 (1989).

Commonwealth Employment Relations Board (Board) has long held that an employer asserting contractual waiver as an affirmative defense must show that the parties consciously considered the knowingly waived its bargaining rights. 31 MLC situation that has arisen, and that the union Central Berkshire Regional School Committee, 191, 202 (2005); Commonwealth of Massachusetts, 26 MLC 228, 231 (2000); Springfield School Committee, 18 MLC 1357, 1362 (1992) (citing Town

Commonwealth Employment Relations Board (Board) has long held that an employer asserting contractual waiver as an affirmative defense must show that the parties consciously considered the knowingly waived its bargaining rights. 31 MLC situation that has arisen, and that the union Central Berkshire Regional School Committee, 191, 202 (2005); Commonwealth of Massachusetts, 26 MLC 228, 231 (2000); Springfield School Committee, 18 MLC 1357, 1362 (1992) (citing Town

Town of Marblehead, 12 MLC 1667, 1672 (1986). The Department ordinarily orders the employer to restore and maintain the status quo ante until the completion of all bargaining obligations. Town of Ludlow, 17 MLC at 1203.

Town of Marblehead, 12 MLC 1667, 1672 (1986). The Department ordinarily orders the employer to restore and maintain the status quo ante until the completion of all bargaining obligations. Town of Ludlow, 17 MLC at 1203.

Labor Relations Commn, 388 Mass. 557 (1983)); Town of Marblehead, 1 MLC 1140, 1145 (1974). In this instance, of course, the School Committee did nothing of the sort.

Town of Marblehead, 24 MCSR 334 (2011). 19 25 frequently calls upon officers to speak the truth when doing so might put into question a search or might embarrass a fellow officer. Falmouth v. Civil Service Commn., 61 Mass. App. Ct. 796, 801 (2004) citing City of Cambridge v. Civil Service Commn, 43 Mass. App. Ct. 300, 303-305, rev. den., 428 Mass. 1102 (1997) (It requires no strength of character to speak the truth when it does not hurt.)

NAGE, 26 MLC 228 (2000). ................. 15 Lowell School Committee, 28 MLC 29 0.0. 12 Commonwealth of Massachusetts, 27 MLC 52 (2000).............0 00000000 Town of Marblehead, 12 MLC ccc ccc cece ee ee ee 1667 (1986). .... 00000000 ccc 0000 cc eee eee 13 STATUTES: General Laws Chapter 30A, 14....00.00 000000 ccc ccc G.L. 6.41, 9897 and 97A 20 General Laws Chapter 150E, 10......00.00 ete eee. 6 c ence eee 10 000000000 ccc cece ee St. 1973, Chapter

Town of Marblehead, 12 MLC 1667, 1672 (1986). The traditional remedy where a public employer has unlawfully refused to bargain over a decision to transfer bargaining unit work to non-bargaining employees is to restore the status quo ante until the employer has fulfilled its bargaining obligation and to make all affected employees whole for any economic losses they may have suffered as a direct result of the loss from the unit. Id.

Town of Marblehead, 12 MLC 1667, 1672 (1986). The traditional remedy where a public employer has unlawfully refused to bargain over a decision to transfer bargaining unit work to non-bargaining employees is to restore the status quo ante until the employer has fulfilled its bargaining obligation and to make all affected employees whole for any economic losses they may have suffered as a direct result of the loss from the unit. Id.