Labor of Lenox, 29 MLC 51, MUP-01-3214 and MUP-01-3215 (September 5, 2002); citing Town of Dennis, 26 MLC 203, 205, MUP-1868 (April 21, 2000)). An employer can claim untimeliness as an affirmative defense if it is able to show that the charging party had knowledge of the alleged violation McCormick v.

Town of Lenox, 29 MLC 51, MUP-01-3214, MUP-01-3215 (September 5, 2002) (citing Town of Dennis, 26 MLC 203, MUP-1868 (April 21, 2000)). It is well-established that the six-month limitation period begins to run when the party adversely affected receives actual or constructive notice of the conduct alleged to be an unfair labor practice. Id. (citing Wakefield School Committee, 27 MLC 9, MUP-2441 (August 16, 2000)).

In Town of D ennis, 28 MLC 297 (2002), the Commonwealth Employment NeTasionsiBOard (CERB) meld thafevermiiou gat Joint purchasing group rather than an individual town made the decision to change health insurance CO-P ayments, the Town of Dennis was still required to bar; gain over the decision fo chan?

In Town of D ennis, 28 MLC 297 (2002), the Commonwealth Employment NeTasionsiBOard (CERB) meld thafevermiiou gat Joint purchasing group rather than an individual town made the decision to change health insurance CO-P ayments, the Town of Dennis was still required to bar; gain over the decision fo chan?

Ct. 926 (1992); Town of Dennis, 28 MLC 297, MUP-2634, (August 3, 2002), 456 CMR 15.04. Here, although the Union seemingly argues that notice to a shop steward can never be imputed to a union for period of limitations purposes, it cites no cases and we find none, to support this blanket assertion. Rather, the determination of when a Union knew or should have known about an alleged violation must be made on a case by case basis.

Town of Dennis, 28 MLC 297, 302 (2002); see also Town of Easton, 31 MLC at 145 (fact that Town Treasurer was Towns representative to insurance consortium did not make him a managerial employee since no evidence that employee exercised independent judgment while performing those duties).

Town of Lennox, 29 MLC 51, MUP-01-3214, MUP-01-3215 (September 5, 2002) (citing Town of Dennis, 26 MLC 203, MUP-1868 (April 21, 2000)). It is wellestablished that the six-month limitation period begins to run when the party adversely affected receives actual or constructive notice of the conduct alleged to be an unfair labor practice. Id. (citing Wakefield School Committee, 27 MLC 9, MUP-2441 (August 16, 2000)).

In The Matter of Town of Dennis and Russell F. Bradbury, Jr. 30 MLC 119 (Massachusetts Labor Relations Commission February 12, 2004), In the Town of Dennis matter, the Town took no steps to comply with a Department order until after the employee filed a request for compliance approximately four months after the issuance of the order. Id.

See, e.g., Town of Stoneham, 28 MLC 171 (2001); New Bedford Housing Auth., 27 MLC 21 (2000); Town of Dennis, 26 MLC 203 (2000). Timely filing of a prohibited practice charge is a jurisdictional prerequisite. Boston Police Superior Officers Federation v. Labor Relations Commission, 410 Mass, 890, 891(1991).

Ct. 926 (1992); Town of Lenox, 29 MLC 51, 52, MUP-01-3214 and MUP-01-3215 (Sept. 5, 2002) (citing Town of Dennis, 26 MLC 203, 205, MUP-1868 (April 21, 2000)). The City argues that the Unions charge is untimely because Attorney Grace knew about the change in 2009 when Dr.

Ct. 926 (1992); Town of Lenox, 29 MLC 51, 52, MUP-01-3214 and MUP-01-3215 (Sept. 5, 2002) (citing Town of Dennis, 26 MLC 203, 205, MUP-1868 (April 21, 2000)). The City argues that the Unions charge is untimely because Attorney Grace knew about the change in 2009 when Dr.

Massachusetts Commission Against Discrimination, 431 Mass. 655 (2000); Town of Dennis, 29 MLC 79, 83 (2002). It is Respondents position that Charging Party has provided no direct evidence that the lay-off decision was related to any protected concerted activity. Direct evidence is evidence that, if believed, results in an inescapable, or at least highly probable, inference that a forbidden bias was present in the workplace.

Town of Danvers, 3 MLC 1559 (1977); See Town of Dennis, 12 MLC 1027(Towns decision to discontinue paid details at liquor service establishments I a level of services decision) Boston School Committee, 13 MLC 1444 (1987) (The Number of custodians to assign to each building is a managerial decision). In City of Lynn v. Labor Relations Commission, 43 Mass. App.