Massachusetts Teachers Association 2 Heritage Drive, 8th Floor Quincy, MA 02171 Joan Stein, Esq. Stoneman, Chandler & Miller 99 High Street Boston, MA 02110 RE: MUP-20-8299 FALMOUTH EDUCATORS ASSOCIATION AND FALMOUTH SCHOOL COMMITTEE Dear Mr. Dunn and Ms.

. # 666889 Massachusetts Teachers Association Two Heritage Drive, 8th Floor Quincy, MA 02171 617-878-8280 rdunn@massteacher.org July, 29, 2021 4

Falmouth Educators Association/MTA 2 Heritage Drive, 8th Floor Quincy, MA 02171 Joan Stein, Esq.

Quincy City Employees Union, H.L.P.E. and Nina Pattison, and City of Quincy and Nina Pattison, 15 MLC 1340, 1363 (1989).

City of Quincy, 10 MLC 1027, 1031 (1983). The DLR has declined to entertain a CAS petition when there had been no change in duties and where the employer had a previous opportunity to raise the issue of appropriateness of the unit but failed to do so.

City of Quincy, 13 MLC 3, 1987); Franklin School Committee, 1979) (the loss of a bargaining 6 MLC 1297, 1436, 1443, MUP-5786 (February 1299-1300, MUP-3206 (July 18, unit job had a sufficient adverse impact to mandate bargaining without a finding of adverse impact on any individual employee). Moreover, the adverse impact standard is the same whether the work transferred is shared work or exclusive to one bargaining unit.

Employment Relations Board (Board) has held that a party engages in regressive bargaining in violation of its duty to bargain in good faith by withdrawing proposals from bargaining, it also recognizes that a party does not necessarily engage in regressive bargaining when that withdrawal results from changed 20 circumstances that have arisen during the course of negotiations. 21 MLC 2144 (1980); see also Wood City of Quincy, 6 Hole, Marthas Vineyard

City of Quincy 17 MLC 1603 (1991). The Charging Party is held to the standard of presenting unambiguous contract language to support its contention that repudiation has occurred. City of Boston 16 MLC 1123 (1989).

Commonwealth of Massachusetts, 18 MLC 1161, 1163-64, SUP-3356 (Oct. 16, 1991) (citing City of Quincy, 17 MLC 1603, 1608, MUP-6710 (Mar. 20, 1991)). To determine whether the parties reached an agreement, the Commonwealth Employment Relations Board (Board) considers whether has been a meeting of the minds on the actual terms of the agreement. lpswich, 11 MLC 1403, 1410, MUP-5248 (Feb. 7, 1985).

See also, Commonwealth of Massachusetts and SEIU, Local 509, 18 M.L.C. 1161, 1163 (1991); City of Quincy and Quincy City Employees Union, 17 M.L.C. 1603, 1608 (1991).

Fax Number MTA 2 Heritage Dr., 9th Floor, Quincy, MA 02171-2119 617-570-4982 22. The Charging Party is an: Individual Employee Organization Employer DECLARATION I have read the above charge of prohibited practice and swear under the pains and penalties of perjury that the information contained in it is true and complete to the best of my knowledge and belief.

Name Address (street and no., city/town, state, and ZIP code) & Lehane Toomey Hesse, Murpey, Kevin Bresnahan, = 300 Crown Colony Plaza; Quincy, MA 02269 Telephone Number 617-479-5000 Method of Service In V4) Signature of Person al lv] First Class Mail LJ Other (specify): Telephone Number RD 617-878-8285 The Division does not discriminate on\, basis of disability in access to its services.