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?

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)).

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).

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.

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.

Ct. 926 (1992); Town of Dennis, 26 MLC 203, 205, MUP-1868 (April 21, 2000). A challenge to the timely filing of a charge is an affirmative defense. City of Boston, 26 MLC 177, 181, MUP-1431 (March 23, 2000); Town of Wayland, 5 MLC 1738, 1741, MUP-2294 (March 29, 1979).

Town of Bolton, 32 MLC 20, 25, MUP-01-3254 (June 27, 2005) (citing Town of Dennis, 29 MLC 79, 83, MUP-01-2976 (October 10, 2002)); City of Peabody, 25 MLC at 193.