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

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

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.

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.

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Reardon Joyce & Akerson, P.C. 4 Lancaster Terrace Worcester, MA 01609 Appearance for Respondent: Christopher L. Brown, Esq. Petrini & Associates P.C. 372 Union Ave Framingham, MA 01702 Commissioner: Cynthia A. Ittleman1 DECISION Pursuant to the provisions of G.L. c. 31, 2(b), the Appellant, Paul Barlow (hereinafter Mr.

Ashworth, Esq. 11 Pleasant Street, Suite 210 Worcester, MA 01609 Appearance for Respondent: John P. Talbot, Jr., Esq. Sullivan, Hayes & Quinn, LLC One Monarch Place Suite 1200 Springfield, MA 01144-1200 Commissioner: Cynthia Ittleman1 DECISION Pursuant to the provisions of G.L. c. 31, 2(b), the Appellant, Dennis Olisky (hereinafter Mr.

I held a full hearing at the State Office Building in Springfield, MA on July 21, 2023, and at the Office of the Attorney General in Worcester, MA on September 22, 2023.3 Both days of the hearing were digitally recorded, and a copy was electronically transmitted to both parties.4 The Commission also retained copies of the hearing recordings. For the reasons stated below, I recommend that Mr. Does appeal be denied.

He was previously employed by the City of Worcesters Fire Department for over thirty years. Id. In that role, Chief Sullivan oversees the day-to-day operations of the Department, including matters involving personnel, which has him in regular contact with officers of Local 950. Id. 1.

C 05/09/2022 NOT FOR CONSTRUCTION 280.57' PROPERTY: 350-382 WAVERLY STREET 16 SOUTH STREET FRAMINGHAM, MA 01701 WAVERLY STREET (PUBLIC - 60' WIDE) OVERALL LAYOUT PLAN SCALE: 1"=40' OWNER OF RECORD: 16 SOUTH STREET, FRAMINGHAM GREAT BROOK VALLEY HEALTH CENT 650 LINCOLN STREET, WORCESTER, MA 01605 ZONING INFORMATION ZONING DISTRICT : CENTRAL BUSINESS (CB) DISTRICT REGULATION REQUIRED EXISTING PROPOSED 380 WAVERLY STREET, FRAMINGHAM GREAT BROOK VALLEY

C 05/09/2022 NOT FOR CONSTRUCTION 280.57' PROPERTY: 350-382 WAVERLY STREET 16 SOUTH STREET FRAMINGHAM, MA 01701 WAVERLY STREET (PUBLIC - 60' WIDE) OVERALL LAYOUT PLAN SCALE: 1"=40' OWNER OF RECORD: 16 SOUTH STREET, FRAMINGHAM GREAT BROOK VALLEY HEALTH CENT 650 LINCOLN STREET, WORCESTER, MA 01605 ZONING INFORMATION ZONING DISTRICT : CENTRAL BUSINESS (CB) DISTRICT REGULATION REQUIRED EXISTING PROPOSED 380 WAVERLY STREET, FRAMINGHAM GREAT BROOK VALLEY