City of Worcester v. Labor Relations Commission, 438 Mass 177, 180 (2002). To decide whether a subject properly falls within the scope of bargaining, the Commonwealth Employment Relations Board (CERB) balances a public employers legitimate interests in maintaining its managerial prerogative to effectively govern against the impact on employees terms and conditions of employment.

See, City of Worcester v. Labor Relations Commission, 438 Mass. 177, 182 (2002). Moreover, this is not a situation where a core managerial function decision resulted in a change in job duties or work load such that impact bargaining may be required. See, Boston v. Boston Police Patrolmen's Association, 403 Mass. 680, 685 (1989).

City of Worcester, MUPL-10-4686 (2013), citing Boston School Committee, 36 MLC 38, 52 (2009). An agreement, furthermore, is void under the doctrine of mutual mistake if the mistake affects a basic assumption on which the contract was made. City of Boston, MUP-06-4699 (2011), citing Covich v. Chambers, 8 Mass. App. Ct. 740, 749 (1979).

Dismissal (contd) MUP-19-7509 Moreover, although the CERB has accepted the principle that egregious misrepresentations, consistent with a lack of good faith, may establish a violation of the duty to bargain in good faith, IAFF, Local 1009 and City of Worcester, 2 MLC 1238, MUPL2018 (December 15, 1975), the Union has failed to provide any evidence or even allege that, during the course of bargaining, it relied to its detriment on false statements in

See City of Worcester v. Labor Relations Commission, 438 Mass. 177 (2002). In addition, the Union arguments regarding its Town Charter and Home Rule do not establish that the Town committed a prohibited practice under the Law.

City of Worcester, 16 MLC (1986). 15 15 the public (1988); Town upon the change, 1327, 1333 (1989). * Or no later than November 10, 2011, as explained. 10 no further 1667, 1670 Town inquiry of and is With respect to the flex time, it is clear the parties contemplated a flex time policy. See Attachment 2.

Reardon, Joyce & Akerson, P.C. 4 Lancaster Terrace Worcester, MA 01609 Appearance for Respondent: Sheila B. Gallagher, Esq. Human Resources Division 100 Cambridge Street, Suite 600 Boston, MA 02114 Commissioner: Christopher C.

Suite 204 Worcester, MA 01608 Telephone Number 508-890-6688 10. Fax Number 508-890-6680 11. This charge is filed against (check one) 12.

In March 2017, he was promoted to Engineering Aide II (EA-II) and assigned to the Construction Section of MassDOTs District 3, headquartered in Worcester, MA. (Exhs.1 & 8) 2. On or about March 21, 2017, Mr. Brunelle submitted a request to MassDOT for reclassification of his title from EA-II to GCI-II. (Exh.5) 3.

Worcester MA 01608 10. Labor Organization's Name 11. Telephone Number Auburn Police Officer Union MassCOP Local 388 508.581.9336 12. 13. Fax Number Labor Organization's Address (street and no., city/town, state, and zip code) 416 Oxford Street North, Auburn MA 01501 14. Labor Organization's Representative's Name 15. Jennifer Smith 17. Email Address 16.