BBO #552807 Mirick, OConnell, DeMallie & Lougee, LLP 100 Front Street Worcester, MA 01608-1477 Phone: (508) 791-8500 Fax: (508) 791-8502 Dated: March 16, 2016 CERTIFICATE OF SERVICE I, Kimberly A. Rozak, hereby certify that I have this day served a copy of the foregoing document, by e-mailing a copy to Renee J. Bushey, Esq. at rjb@fczlaw.com. Kimberly A. Rozak, Esq. Dated: March 16, 2016 {Practice Areas/LABOR/14109/12066/A3222853.DOCX} 6

BBO #552807 Mirick, OConnell, DeMallie & Lougee, LLP 100 Front Street Worcester, MA 01608-1477 Phone: (508) 791-8500 Fax: (508) 791-8502 Dated: March 18, 2016 CERTIFICATE OF SERVICE I, Kimberly A. Rozak, hereby certify that I have this day served a copy of the foregoing document, by e-mailing a copy to Renee J. Bushey, Esq. at rjb@fczlaw.com. Kimberly A. Rozak, Esq. Dated: March 18, 2016 {Practice Areas/LABOR/14109/12067/A3226403.DOCX} 5

A Section 43 hearing was held on December 19, 2012 at the Durkin Administration Building, 20 Irving Street, Worcester, MA. At the hearing, fifteen (15) exhibits were marked. presented the testimony of the following witnesses: The Appointing Authority Michael Santangelo, Custodial Supervisor in the Worcester Public Schools; and, Mark T. Brophy, Director of Instructional Support Personnel in the Worcester Public Schools. in his own behalf.

Name (print) Signature Title (if any) Maryelen Calderwood/bsa Maryelen Calderwood Field Rep Organizer Address (street and no., city/town, state, and ZIP code) Telephone Number MTA, 12 East 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) 27 Mechanic Street Worcester MA 01608 |23. FAX Number 508-890-6680 EMPLOYEE ORGANIZATION'S LABOR RELATIONS REPRESENTATIVE 24. Name 25. Telephone Number Ryan Dunn 617-878-8280 26,27,28,29. Address (street and No., city/town, state, and ZIP code) 2 Heritage Drive Quincy MA 02171 30. FAX Number 617-570-4983 31. E-mail Address rdunn@massteacher.org 32.

Rozak Mirick OConnell 100 Front Street Worcester, MA 01608-1477 krozak@mirickoconnell.com t 508.860.1428 f 508.983.6294 June 6, 2022 VIA E-MAIL ONLY (EFILE.DLR@MASS.GOV) (TIMOTHY HATFIELD@MASS.GOYV) Timothy Hatfield, Esq.

In May 2004, he received a B.A. degree in history from Assumption College in Worcester MA. He received an Associates Degree in Criminal Justice from Massachusetts Bay Community College in May 2014. (Exhs.2, 2A, 2B, 25 & 29; Testimony of Appellant) 3. Mr. Starr is a disabled veteran who served in the United States Army National Guard and Army Reserve from 2004 until 2015, including tours in Iraq/Kuwait (2007-2008) and Afghanistan (2010-2011).

Gambaccini Reardon, Joyce & Akerson, P.C. 4 Lancaster Terrace Worcester, MA 01609 Respondents Attorney: T. Philip Leader, Esq. 34 Mechanic Street Worcester, MA 01608 Commissioner: Christopher C.

Ct. 169, 174 (1999); City of Worcester, 16 MLC 1327, 1333, MUP-6810 19 (October 19, 1989). 20 Here, the Commonwealth argues that the Union waived bargaining on the issue 21 by entering into the negotiated 2014 GPS MOU. Conversely, the Union argues that the 22 2015 MOU which contemplated a specific GPS system that would be used for limited, 23 designated purposes died by mutual abandonment.

City of Worcester v. Labor Relations Commission, 438 Mass. 177, 180 (2002). To decide whether a subject properly falls within the scope of bargaining, the Board balances a public employers interests in maintaining its managerial prerogative to effectively govern with the resulting impact on employees terms and conditions of employment. Town of Danvers, 3 MLC 1559, 1571, MUP-2292, 2299 (April 6, 1977).