Reardon, Joyce & Akerson, P.C. 4 Lancaster Terrace Worcester, MA 01609 Respondents Attorney: Elizabeth M. Whitcher, Esq. Human Resources Division One Ashburton Place: Room 211 Boston, MA 02108 Commissioner: Christopher C.

Massachusetts Highway Department DATED: CS-10-777 March 25,2011 | Department of Transportation, Appointing Authority Appearance for Appellant: Sean Wrenn, Esquire Portnoy & Greene, P.C. 324 Grove Street, 274 Floor Worcester, MA 01605 Appearance for Appointing Authority: John L.

BBO #552807 Mirick, OConnell, DeMallie & Lougee, LLP 100 Front Street Worcester, MA 01608-1477 Phone: (508) 791-8500 Fax: (508) 791-8502 Dated: September 12, 2016 Client Matter/23624/85/A3404498.DOCX - 13 -

Rozak, Esq., Mirick O'Connell, 100 Front Street, Worcester, MA 01608, krozak@mirickoconnell.com, viae-fling/email on September 12, 2016. Jonathan M. Conti 253037 18

driving teense requirements, Glnoersly, &, A Prprehen D, M, Moschos DMM/sdh cor Holden Towa Manager Holden Fire Chlof Holdon Assistant Town Managor Miarok, O CONNELL, DEMALLIE & LOUGRE, LUF Worcasver | Weatsorouen | Basron wren talrickogonnell.com fragilge Arean ABQRLEDTORTEISATEIHHO0) - omnes v Miricx O'CONNELL ATTORNEYS er 08 Quem niente sew AT anne LAW WOME 6 BAER TEES OVATE S WIP Gepmiiem uate tOne = =D Moskos erie Mirlok O'Connell 100 BrontSirset Worcester

City of Worcester, 22 MCSR 400 (2019) (3-2 decision overturning bypass; 5 year old driving record); Bulger v. City of Quincy, 22 MCSR 339 (2009) (3-2 decision overturning bypass; 10 year old juvenile driving record); Stanley v. Town of Watertown, 20 MCSR 832 (2007) (3-2 decision overturning bypass; 12 year old OUI charge) with ORegan v. Medford Fire Dept, 30 MCSR --(2017) (bypass upheld; 12 year old restraining order); Maillet v.

City of Worcester v. Labor Relations Commn, 438 Mass. 177, 184 (2002) (citations omitted). The MEP had the right to | determine which law enforcement activities would fulfill the remaining hours of the MPTCs mandatory in-service training, and such a determination is akin to those levelof services determinations that are held to be exclusively in the purview of management.

City of Worcester v. Labor Relations Commission, 438 Mass 177, 180 (2002). Notwithstanding a public employers prerogative to make certain types of core managerial decisions without prior bargaining, if a managerial decision impacts a mandatory subject of bargaining, then bargaining over the impacts is required.

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 CERB balances a public employers legitimate interests in maintaining its managerial prerogative to effectively govern against the impact on employees terms and conditions of employment. Town of Danvers, 3 MLC 1559, 1577, MUP-2292, 2299 (April 6, 1977).

See City of Springfield, 24 MLC 50, 54 (1998); City of Worcester, 5 MLC 1108, 1111 (1978). To satisfy the second and third statutory criteria, the Commission considers the impact of the proposed effectively and employees to effective bargaining efficiently deliver unit structure upon a public employer's public services, while safeguarding the representation.

See City of Worcester, 25 MLC 189, 190 (1999). The Commission has also stated that if the employer articulates legitimate and substantial concerns with respect to disclosure of the requested information, some information within the employers control may be protected from disclosure, so long as it has provided all responsive information in its control that is not implicated by those concerns.