In 2005, the Supreme Judicial Court, in City ofBoston v. Boston Police Patrolmens Association, 443 Mass. 813 (2005), also addressed the issue of disparate treatment. In that case, a Boston police officer had a number of disciplinary charges lodged against him including one or more for untruthfulness. He was terminated from his position by the Department and, subject to the collective bargaining agreement, he sought an arbitrators review.
See Town of Greenfield, 32 MLC 133, 149, MUP-04-4178 (February 8, 2006); City ofBoston, 12 MLC 1690, 1694, MUP-5312 (April 9, 1986). Based on the Unions presentation at the investigation, I find that the alleged repudiation allegation is more properly alleged as a withdrawal of recognition, which is addressed in Count 1 of the complaint. Accordingly, I dismiss the repudiation allegation.
Address (street and No., city/town, state, and ZIP code) 200 State St 111th Fir Boston MA 02109 14, FAX Number 15. E-mail address dconnelly@morganbrown.com 16. Firm/Organization Name Morgan Brown EMPLOYEE ORGANIZATION (if any) 17. Name 18. Telephone Number Lawrence Federation of Paraprofessionals Local 3900 978-376-0303 19,20,21,22. Address (street and No., city/town, state, and ZIP code) 23.
Connelly, BBO No. 638141 dconnelly@morganbrown.com Morgan, Brown & Joy, LLP 200 State Street, 11th Floor Boston, MA 02109 Telephone: 617-523-6666 Dated: June 16, 2022 CERTIFICATE OF SERVICE I hereby certify that a true copy of the Answer of the Lawrence School Committee was served upon Joseph Lettiere, Lawrence Federation of Paraprofessionals, Local 3900, 38 Chauncy Street, Suite 402, Boston, Massachusetts, 02111, jlettiere@aftma.net by email this
Boston, MA 02210 (617) 951-2300 (617) 951-2323 fax Sandy A. Curko, Esq. scutko@dwboston.com December 20, 2012 VIA ELECTRONIC MAIL AND REGULAR MAIL Kendrah Davis, Esq. Hearing Officer Division of Labor Relations Charles F. Hurley Building 19 Staniford Street, 1st Floor Boston, MA 02114 RE: Boston Teachers Union and Boston School Committee MUP-11-6197 Dear Ms.
One Design Center Place Suite 600 Boston, MA 02210 (617) 951-2300 Dated: December 20, 2012 I. EXHIBITS Department of Labor Relations Exhibits: 1. 2. Charge of Prohibited Practice dated February 14, 2011 Notice of Complaint of Prohibited Practice dated September 3. Respondents Answer dated September 30, 2011 4A. 4B. 4C.
Complaint of Prohibited Practice Interim Procedure for Scheduling of the Hearing Standing Order 2009-1 P:\TM Documents\Merge Templates\TM NOTICE OF COMPLAINT AND HEARING.doc ZA (/ dreclin cc Lhe , COMMONWEALTH OF MASSACHUSETT S DEPA RTMENT 19 STANIFORD STREET, 157 FLOOR OF LABOR BOSTON, MA 02114 RELATIONS INTERIM PROCEDUR E FOR SCHEDULING OF THE HEARING Case No.: MUP-11-6197 Charging Party: BOSTON TEACHERS Respondent: BOSTON Date Filed: 02/14/2011
Hurley Building . 19 Staniford Street, 1 Floor Boston, MA 02114 RE: Mi ELA ; 2 AML Boston Teachers Union and School Committee of the City ofBoston MUP-11-6197 (Improper Issuance of Excess Letters - 2011) Dear Mr. Srednicki: Enclosed for filing in the above captioned matter, please find an original and two (2) copies of the post-hearing brief of the Boston Teachers Union in the above captioned matter.
The City ofBoston (City) is a public employer within the meaning of Section 1 of the Law. 2. The Committee is the Citys collective bargaining representative for the purpose of dealing with school employees. 3. The Union is an employee organization within the meaning of Section Law. 4. The Union is the exclusive bargaining representative for 1 of the teachers and paraprofessionals employed by the City.
Suite 600 Boston, MA 02210 (617) 951-2300 (617) 951-2323 fax Sandy A. Curko, Esq. scurko@dwboston.com January 4, 2013 VIA ELECTRONIC MAIL AND REGULAR MAIL Kendrah Davis, Esq. Hearing Officer Division of Labor Relations Charles F. Hurley Building 19 Staniford Street, 1st Floor Boston, MA 02114 RE: Boston Teachers Union and Boston School Committee MUP-11-6197 Dear Ms.
One Design Center Place Suite 600 Boston, MA 02210 (617) 951-2300 Dated: September 29, 2011 CERTIFICATE OF SERVICE I, Sandy A. Curko, certify that I have this day forwarded via first-class mail a copy of the herein Answer to the representative for the charging party: Matthew Dwyer, Esq. Dwyer & Duddy, P.C. 25 Mall Road, BEET Burlington;MA ng 01803 oe 7 ai ia \_# ) DWLIBDB\255668.1'19200/76 Sandy A. Curko, Esq.
Deutsch Williams One Design Center Plaza Suite 600 Boston, MA 02210 4. WA via first-class mail, postage prepaid, this vl day of December, 2012. Mg, < Ata Mark it Esposito F:\BTU\ExcessLtrs201 I ImproperIssuanceMUP 1 1-6197\pldg\post.hrg.brief.docx 15
Deutsch Williams One Design Center Plaza Suite 600 Boston, MA 02210 4. WA via first-class mail, postage prepaid, this vl day of December, 2012. Mg, < Ata Mark it Esposito F:\BTU\ExcessLtrs201 I ImproperIssuanceMUP 1 1-6197\pldg\post.hrg.brief.docx 15
(DALA) gzg& COMMONWEALTH OF MASSACHUSETTS Division of Administrative Law Appeals 98 North Washington Street, 4th Floor Boston, MA 02/14 - www.mass.gov/dala Tel: 617-727-7060 Fax: 617-727-7248 April 30, 2008 Christopher Bowman, Chairman Civil Service Commission One Ashburton Place Boston, MA 02108 Brian Simoneau, Esq. 161 Worcester Road, Suite 200 Framingham, MA 01701 Tara L. Chisholm, Esq.
As the Hearing Officer ruled, the Towns reliance on City ofBoston, MUP-15-4572 (2019), is misplaced. As set forth in that decision: 1 In addition to the authority listed above, hearing officers have the authority to receive relevant evidence (Rule 13.07(4)) and to rule on the admissibility of evidence (Rule 13.07(13)). Here, admission of UX-1 was clearly not an abuse of discretion.
City ofBoston, 30 MLC 23, MUP-2670 (September 3, 2003) (citing Commonwealth of Massachusetts v. Labor Relations Commission, 404 Mass. 124, 127 (1989)); School Committee of Newton v. Labor Relations Commission, 338 Mass. 557 (1983). However, there are certain types of managerial decisions that, as a matter of policy, are reserved to the public employer's discretion.
Representative to contact Terence KE, Coles Address (street and No., city/town, state, and ZIP code) Pyle Rome Ehrenberg PC, 2 Liberty Square, 10th Flr., Boston, MA 02109 617-367-7200 10. Fax Number 617-367-4820 11, This charge is filed against (check one) 12.
HURLEY BUILDING 19 STANIFORD STREET COMMONWEALTH EMPLOYMENT 18" FLOOR, BOSTON, MA 02114 RELATIONS BOARD PHONE: (617) 626-7132 CHARLES D. BAKER GOVERNOR Fax: (617) 626-7157 MARJORIE F. WITTNER CHAIR efile.dir@state.ma.us KARYN E. POLITO KATHERINE G. LEV www.mass.gov/dir LIEUTENANT GOVERNOR BOARD MEMBER April 21, 2017 John F. Murphy Teamsters Local Union No. 122 348 D Street Boston, MA 02127 Anthony P. Rizzotti, Esq. Littler Mendelson, P.C.
Employment Relations Bd., 73 Mass.App.Ct. 908, 909 n.7 (2009) (The board did not consider [an additional claim submitted with the request for reconsideration] due to a policy not to consider information raised for the first time in a request for reconsideration); City ofBoston, 38 MLC 233 (Mar. 30, 2012) (refusing to consider arguments raised for the first time on appeal); Public Employees Local Union, 1144(A), 38 MLC 96 (Nov. 2, 2011) (As to the
Murphy 617-268-6855 Address (street and No., city/town, state, and ZIP code) 348 D Street, Boston, MA 5. Fax Number 02127 10. Fax Number 617-268-6863 11. This charge is filed against (check one) 12.
One International Place, # 2700 Boston, MA 02110 Re: MUP-17-5699, Cambridge Health Alliance Dear Mr.Szymanski and Mr. Rizzotti: Teamsters Local Union No. 122 (Union) seeks review of a Department of Labor Relations (DLR) Investigators dismissal of the above-referenced prohibited practice charge based on timeliness grounds.
Lemoine Records Access Officer Department of Public Utilities, Legal Division One South Station, 5th Floor Boston, MA 02110 February 23, 2022 SPR22/0249 Dear Ms. Lemoine: I have received your petition on behalf of the Department of Public Utilities (Department) seeking an extension of time to produce records as well as permission to charge for time spent segregating or redacting responsive records. G. L. c. 66, 10(c); G. L. c. 66, 10 (d)(iv).
Lemoine Records Access Officer Department of Public Utilities, Legal Division One South Station, 5th Floor Boston, MA 02110 February 9, 2022 SPR22/0249 Dear Ms. Lemoine: I have received your petition on behalf of the Department of Public Utilities (Department) seeking an extension of time to produce records as well as permission to charge for time spent segregating or redacting responsive records. G. L. c. 66, 10(c); G. L. c. 66, 10 (d)(iv).
CIVIL SERVICE COMMISSION One Ashburton Place: Room 503 Boston, MA 02108 (617) 727-2293 LENCOL MONTEIRO, Appellant v. G1-06-184 BOSTON POLICE DEPARTMENT, Respondent Appellants Attorney: Pro Se Lencol Monteiro Respondents Attorney: Tsuyoshi Fukuda, Esq. Office of the Legal Advisor Boston Police Department One Schroeder Plaza Boston, MA 02120 (617) 343-5034 Fukudat.bpd@boston.ma.us Commissioner: Christopher C.
City ofBoston, 35 MLC 289 (2009). Here, the threat of discipline or another promotional bypass was the adverse action. This is why all three (3) bargaining members did not testify. Had no adverse action been threatened, then there is no reason why they would not continue to testify for the employee. Ms. Duverger was already scared that if she engaged in another protected activity, she would not receive a promotion.
City ofBoston, 26 MLC 80, 83 (2000). 28 MLC 250 (2002) The Union has not provided any evidence that Nevulis engaged in conduct that restrained, coerced or interfered with Duvergers free exercise of her rights under Section 2 of the Law.
City ofBoston, 14 MLC 1606, 1618, MUP-5574, MUP-5734 (March 25, 1988). The Union alleges that DDS interfered with the Unions role as the exclusive bargaining representative when Nevulis ordered Duverger and two other bargaining unit members to avoid testifying at JNs Step III grievance hearing. Despite the Unions assertion, the Union did not provide enough substantive evidence to sustain its theory.
Fax Number 100 Cambridge Street, Boston, MA 02114 6. Employee Organization (if any): AFSCME 8. Council 93 617-727-1477 7. Representative to contact 9. Telephone Number Justin Murphy, Esq. 617-367-6027 Address (street and No., city/town, state, and ZIP code) 10.
Boston, MA 02114 CERTIFICATE OF SERVICE I hereby certify that on December 13, 2021, I hereby caused a true and complete copy of the foregoing Answer to be served by email on Counsel for the Union, Justin Murphy, Esquire. /s/ Alexis N. Demirjian
McMenemy Labor Counsel Commonwealth of Massachusetts Human Resources Division 100 Cambridge Street, Suite 600 Boston, MA 02114 carolyn.a.mcmenemy@mass.gov CERTIFICATE OF SERVICE I hereby certify that on May 1, 2023, a copy of the above document was served upon counsel for the Union, by email. . /s/ Carolyn A. McMenemy 10
Deputy Director, Labor Relations 617-568-7421 rbellovoda@massport.com Massachusetts Port Authority One Harborside Drive, Suite 200S East Boston, MA 02128 The information contained in this communication, including any attachments, is confidential and is intended only for the use of the recipient(s) named above.
City ofBoston, 20 MLC 1603, 1607, MUP-7976 (May 20, 1994); Commonwealth of Massachusetts, 20 MLC 1545, 1552, SUP-3460 (May 13, 1994). As a matter of public policy, the Commonwealth Employment Relations Board (Board) reserves certain types of managerial decisions to a public employers discretion. City of Worcester v. Labor Relations Commission, 438 Mass. 177, 180 (2002).
Fax Number One Harborside Drive, Suite 200S, East Boston, MA 02128-2909 617-338-1976 6. 7. Representative to contact 9. Telephone Number Leah Marie Barrault 617-817-9040 Employee Organization (if any): IAFF Massport S-2 8. Address (street and No., city/town, state, and ZIP code) 10. Fax Number The Labor Collaborative, LLC, 12 Granite Street, Quincy, MA 02169 11. This charge is filed against (check one) 12.
Fax Number One Harborside Drive, Suite 200S, East Boston, MA 02128 - 2909 617-338-1976 6. 7. Representative to contact 9. Telephone Number Leah Barrault, Esq. 617-817-9040 Employee Organization (if any): IAFF Massport S-2 8. Address (street and No., city/town, state, and ZIP code) 10. Fax Number The Labor Collaborative, 12 Granite Street, Quincy MA 02169 11. This charge is filed against (check one) 12.