Town of Saugus, 29 MLC 208, 210, MUP-2621 15 (May 14, H. O. Decision (cont'd) MUP-12-2430 Here, the Towns transfer of pre-arrival medical advice duties from Desk Officers to Action Ambulance personnel did not result in bargaining unit layoffs or missed shifts. Nor did the transfer impact the duration of time that Desk Officers are on the telephone for However, a 911 medical call.

In the present case, Union members continue to perform quarantines at the same rate and no outside entity is used to do these quarantines now. 12 Another heavily cited displacement case is Town of Saugus, 29 MLC 208, 210, MUP2621 (May 14, 2003), which is also distinguishable from the present case.

-Sep-19 10/20/2018 1 213185AA 23-Sep-19 5/26/2019 1 T1697193 09-Jul-19 5/19/2019 1 396418AA 26-Sep-19 5/19/2019 13-Aug-19 10/14/2017 1 396453AA 1 R8786235 29-Jul-19 12/24/2017 1 R8745160 12-Jul-19 10/3/2018 06-Aug-19 7/13/2019 1 T0619172 1 T1754419 30-Aug-19 4/28/2019 1 376467AA 16-Sep-19 8/13/2019 1 T1866440 20-Sep-19 12/14/2018 1 R7514905 Salem, MA 01970 24-Sep-19 11/1/2018 1 T0481895 Salisbury, MA 01952 Salisbury, MA 01952 Salisbury, MA 01952 Saugus

Hadley, MA 01075 25-Oct-19 Salem 10-Dec-19 Salem 17-Dec-19 Salisbury 03-Dec-19 Salisbury, MA 01952 Salisbury, MA 01952 08-Nov-19 23-Oct-19 Salisbury, MA 01952 24-Oct-19 Sandwich, MA 02563 07-Nov-19 Sandwich, MA 02563 Saugus, MA 01906 20-Nov-19 18-Nov-19 Seekonk 02-Dec-19 Sharon, MA 02067 14-Nov-19 Shrewsbury 27-Dec-19 Shrewsbury, MA 01545 01-Nov-19 Somerville, MA 02144 South Deerfield South Deerfield, MA 01373 23-Oct-19 06-Dec-19 22-Oct-19 South Hadley

Bristol County Sheriffs Dep't, 32 MLC at 161; Town of Saugus, 591 (May 5, 1976) (additional citations omitted). A 2 MLC 1480, 1484, MUPcategorical rejection of a union's proposal with little discussion or comment does not comport with the good faith requirement. Revere School Committee, (September 29,1983). 10 MLC Also, a failure to make 1245, 1249, MUP-5008 any counterproposals may be indicative of surface bargaining. Local 466.

Labor Relations Commission), 388 18 Mass. 557 (1983)(internal citations omitted)). of bargaining, various elements of bad faith bargaining are 19 When a public employer rejects a union's proposal, tenders its own, and 20 does not attempt to reconcile the differences, it is engaged in surface bargaining. 21 Bristol County Sheriff's Dep't, 32 MLC at 161; Town of Saugus, 2 MLC 1480, 7 3 4 5 H.O.

Labor Relations Commission), 388 18 Mass. 557 (1983)(internal citations omitted)). of bargaining, various elements of bad faith bargaining are 19 When a public employer rejects a union's proposal, tenders its own, and 20 does not attempt to reconcile the differences, it is engaged in surface bargaining. 21 Bristol County Sheriff's Dep't, 32 MLC at 161; Town of Saugus, 2 MLC 1480, 7 3 4 5 H.O.

Compare Town of Saugus, 28 MLC 13, 18, MUP-2343/CAS-3388 (June 15,2001) (material changes to job duties rendered first two prongs of CAS analysis inconclusive) to Worcester Housing Authority, 33 MLC AFSCME's unit 179, CAS-06-3629 where position was (May 16, 2007) (declining to accrete position to neither newly-created nor changed included in the recognition clause of a different unions bargaining unit). 18 and was CERB Decision (cont'd) CAS-16-5027

Town of Saugus, 2 MLC 1480, MUP-591 (1976); Town of Braintree, 8 MLC 1193, 1197 (1981). Acts away from the bargaining table that suggest bad faith bargaining include, inter alia, efforts to bypass the employers bargaining team representative(s). Commonwealth of Mass., Commr of Admin., 8 MLC 1484 (1981); Regency Serv. Carts, Inc., 345 NLRB 671 (2005).

Town of Saugus and Local 1003, IAFF, AFL-CIO, CLC, MUP-591. The Commission has engaged in Boulwarism one-offer bargaining. Cityof Chicopee and Local 1710 IAFF and Chicopee Police SSN and AFSCME State Council 41, Local 1129, MUP1975-227, 2282, 2253. The Commission presented the Union with a take-it-or-leave it approach and presented its proposal with unbending firmness.

Hurley, 157 Hamilton Street Saugus, MA 01906 (the Employee) and the Massachusetts Laborers District Council. Local 380 (Malden) (the Union), (together. the Parties), The purpose of this Agreement is to establish an amicable arrangement for ending the Employee's employment with CHA and to release CHA from all legally waivable claims. With these understandings and in exchange for the promises set forth below, the Parties agree as follows.

.: MUP-17-6292 Charging Party: IUE-CWA, Local 201 Respondent: Town of Saugus Date Filed: 10/19/2017 NOTICE OF COMPLAINT PROCEDURE FOR SCHEDULING HEARING Pursuant to G.L. c. 150E, 11, the Department of Labor Relations (Department or DLR) issues the attached Complaint of Prohibited Practice in the above-referenced case.

See, e.g., Town of Saugus, 2 MLC 1480 (1976) (All of the relevant facts of a good case are considered in determining whether an employer or a union is bargaining in good or bad faith; i.e. the totality of conduct is the standard by which the quality of negotiations is tested.); Framingham School 11 Committee, 4 MLC 1809 (1978) (To determine whether a party has refused to bargain in good faith, the Commission examines the totality of conductIn many

The DOC did not make this argument in its post-hearing brief or opening statement, and therefore I did not consider this argument. 12 HO Decision (contd) SUP-20-8162 1 Philip Regional School Committee, 2 MLC 1393, MUP-2125 (February 18, 1976) (whether 2 the school committee engaged in bad faith bargaining during successor negotiations 3 when it insisted that the agreement contain certain terms); Town of Saugus, 2 MLC 1480, 4 MUP-591 (May 5, 1976)