City of Worcester, 5 MLC 1108 (1978). Employees share a community of interest if they share common working conditions and interests that would be involved in collective bargaining. City of Malden, 9 MLC 1073. 1080 (1982). In Boston School Committee, 2 MLC 1557(1976), the Commission established several factors to be considered in evaluating the proper bargaining unit.

City of Worcester, 38 MLC at 194, citing, Commonwealth of Massachusetts, 30 MLC 64, 85 (2003). Respondent has an established past practice of assigning overtime snow removal work to both Unit 2 and Unit 3 members since 2005 when the two list system began. Department employees are called in for overtime work. First, the Grounds Next, if necessary, the members of the secondary overtime list, both Unit 2 and Unit 3 members, are called.

In City of Worcester, 6 MLC 1465 (1979), the Commission observed that sound labor policy favors the timely filing of answers as well as the enforcement of the Commission's procedures for filing answers.

Massachusetts Board of Regents, 15 MLC 1265, 1269 (1988); Town of Marblehead, 12 MLC 1667, 1670 (1986); City of Worcester, 16 MLC 1327, 1333 (1989); Peabody School Committee, 28 , MLC 19, 21 (2001).

City of Worcester v. Labor Relations Commission, 438 Mss. 177, 185 (2002) (quoting Boston v. Boston Police Patrolmens Association, 403 Mass. 680, 685 (1989)). Unless faced with exigent circumstances, an employer's duty to bargain over the impacts of a managerial decision is not satisfied by first implementing the change and then offering to bargain. LJ Ogee City of Newton, 35 MLC. 296, 298 (2009).

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, 182 (2002); City of Boston, 32 MLC 4, 11, MUP2749, MUP-01-2892 (June 24, 2005).

City of Worcester, 6 16 MLC 1475, 1476-1477, MUP-3369 (September 21, 1979). Accordingly, when ruling on 17 interlocutory appeals under Section 13.04 of the DLRs rules, the CERB generally applies 18 an abuse of discretion standard.

City of Worcester, 4 MLC 1317 (1977), aff'd. 4 MLC 1697 (1978). 2. The Two Cases the Union Cites in Its Request For Review Do Not Support Its Proposition that An Unenforced and Openly Ignored Directive is No Policy at All. The Union cites Sherriff of Worcester County v. Lab Rels. Commn, 60 Mass. App. Ct. 632 (2004), for the proposition that an un-enforced and openly ignored directive is no policy at all....

Title (if any) Signature Name (print) Field Representative Field Representative James Kobialka/bsa James Kobialka/bsa James Kobialka James Kobialka Address (street and no., city/town, state, and ZIP code) Telephone Number Massachusetts Teachers Teachers Association, Association, 12 12 East East Worcester Worcester Street, Street, 2nd 2nd Floor, Floor, Worcester, Worcester, MA MA 01604 01604 Massachusetts 508-791-2121 508-791-2121 CERTIFICATE OF SERVICE