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.

Address (street and No., city/town, state, and ZIP code) 670 west boylston street Worcester MA 01606 7. FAX Number 508- 854-4390 | EMPLOYER'S LABOR RELATIONS REPRESENTATIVE 8.Name } }=CO : __|9, _ Telephone Number MA Association of Community College General Counsel?s Office (781- 275- 9400 10,1U1, 12,13.

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

(a) Notwithstanding any general or special law to the contrary, the trustees of the Worcester City Campus Corporation are authorized to convey by quitclaim deed to the 847 Massachusetts Department of Transportation, fee title in and to all or a portion of a parcel of land located off Plantation Parkway in the City of Worcester, Massachusetts, and shown as Parcel 2A on a plan entitled Subdivision Plan of Land, prepared by Vanasse Hangen Brustlin, Inc

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.

City of Springfield, 24 MLC 50, 54 (1988); City of Worcester, 5 MLC 1108, 1111 (1978). community of rather interest than The Law requires that employees share only a an identity County/Martha's Vineyard Airport Commission, of interest. 25 MLC 153, County of Dukes 155 (1999); Springfield Water and Sewer Commission, 24 MLC 55, 59 (1998).