Seder and Chandler 339 Main Street Worcester, MA 02301 Commissioner: Angela C.

[fown Counsel BO #100880 COSGROVE & BLATT 390 Main Street, Suite 730 Worcester, MA 01608 Tel. (508) 757-4554 Fax (508) 752-3420 Email: jcosgrove.law@verizon.net CERTIFICATE OF SERVICE I, hereby certify that I have this day served the foregoing Response on the Charging Party by mailing a copy thereof, first class mail, postage pre-paid to its attorney, Scott W. Dunlap, 100 River Ridge Dr., Ste. 203, Norwood, MA 02062. June 8, 2012 4 James F.

Rozak Mirick, O'Connell, DeMallie & Lougee, LLP 100 Front Street Worcester, MA 01608-1477 Signed this 14" day of May, 2012, job Bob

Hunt Mirick, O'Connell, DeMallie & Lougee, LLP 100 Front Street | Worcester | MA | 01608-1477 t 508.860.1425 | f 508.791.8502 hrondeau@mirickoconnell.com Ca lL EIFLEI Please visit our website: www.mirickoconnell.com The information contained in this electronic message is legally privileged and confidential under applicable law, and is intended only for the use of the individual or entity named above.

with the Department of Youth Services, 363 Belmont Street Worcester, MA 01604. 2) | am the current President of A.F.S.C.M.E.

Eden Rafferty 218 Shrewsbury Street Worcester, MA 01604 David J. Officer, Esq. David J. Officer P.C. P.O. Box 423 Southborough, MA 01772 Appearance for Respondent: Christine M. Dowling, Esq. Daniel Brunelli, Esq Office of the Chief Legal Counsel Department of State Police 470 Worcester Road Framingham, MA 01702 Commissioner: Paul M. Stein DECISION ON RESPONDENTS MOTION TO DISMISS The Appellant, Nicholas J.

A full hearing was held at the Durkin Administration Building, 20 Irving Street, Worcester, MA on January 15, 2014.2 Neither party requested a public hearing, so the hearing was deemed private. 1 The Commission acknowledges the assistance of Law Clerk David Roberson in the drafting of this decision.

The Mansfield, Board's 25 unequivocally initial inquiry focuses MLC and 14, MUP-1567 specifically permits inquiry is necessary. 1989). 15, on the (Au. language 4, the employer City of Worcester, 16 MLC of the contract. 1998).

City of Worcester, 16 MLC 1327, 1333, MUP-6810 (Oct. 19, 1989). The Board will not find waiver unless the contract language expressly or by necessary implication confers upon the employer the right to implement the change in the mandatory subject of bargaining without bargaining with the union.

burden of establishing that the City had a binding past practice of permitting Union representatives appointments. portions of MIS to attend the physical examination The absence of evidence showing that the City ever barred Grace from attending MIS examinations prior to Duggan does not change this result, given the dearth of evidence that Grace attended general before then and the more actual physical exams principle that the 14 The Union relied on City

City of Worcester v. Labor Relations Comm'n, 438 Mass. 177, 185 (2002) (quoting Boston v. Boston Police Patrolmen's Ass'n, 403 Mass. 680, 685 (1989)). Prior to bargaining, and during the single substantive bargaining session that did take place, the Union sought to bargain over a change in the job duties of the Fire Alarm Superintendent.