SUP-09-5493 SUP-09-5496 error by treating See City of Worcester the complaint as alleging a change in 5 MLC 1397 (1978). Second, the Hearing Officer did not fail to acknowledge the differences between the three locals.

SUP-09-5493 SUP-09-5496 error by treating See City of Worcester the 5 MLC complaint as alleging a change in 1397 (1978). Second, the Hearing Officer did not fail to acknowledge the differences between the three locals. Rather, her findings of fact clearly describe the relevant differences between all three locals, as well as their similarities.

City of Worcester, 29 MCSR 41 (2016). See also Gore v. Department of Correction, 27 MCSR 582 (2014) citing Conner v.

.* MLC 154 because (2007), the Employers conclude despite the unions documented Relying on City of Worcester, 33 that the parties had reached impasse desire to negotiate further, the parties had bargained in good faith, were deadlocked, and further negotiations would have been fruitless. The Association argues that the parties did not reach impasse because it believed that the October 24, 2007 meeting would be a continuation of the bargaining.

TOWN OF SHREWSBURY Worcester, MA 01608 (508) 798-1819 CERTIFICATE OF SERVICE I, t. Philip Leader, attorney for the Town of Shrewsbury, certify that on the 23"4 day of March, 2015 I caused a copy of the within Answer to be sent to: Department of Labor Relations via e mail to: Efile.DLR@massmail.state.ma.us And Michael Clancy via e mail to mclancy@nage.org Te a \ ia bun er

Moschos Mirick O'Connell 100 Front Street Worcester, MA 01608-1477 dmoschos@mirickoconnell.com t 508.860.1422 f 508.983.6282 BY EMAIL (efile.dlr@mass.gov) January 15, 2020 Philip Roberts, Esq., Director Commonwealth Employment Relations Board Department of Labor Relations 19 Staniford Street, 1st Floor Boston, MA 02114 Re: AFSCME, Council 93, Local 1636 and Town of Falmouth MUPL-18-6556 Notice of Withdrawal of Appeal Dear Director Roberts: Please

Murphy, Esq. 508-860-1477 Address (street and No., city/town, state, and ZIP code) 21, Fax Number Mirick O'Connell DeMallie & Lougee, LLP, 100 Front Street, Worcester, MA 01608 | 508-463-1386 22.

Fax Number Mirick O'Connell DeMallie & Lougee, LLP, 100 Front Street, Worcester, MA 01608 22. 508-463-1386 The Charging Party is an: Individual Employee Organization 0 Employer DECLARATION I have read the above charge of prohibited practice and swear under the pains and penalties of perjury that the information contained in it is true and complete to the best of my knowledge and belief. Name (print) Signature Title (if any) Michael P.

'SAndulli andulli Grace, P.C. 44 School Street Boston, MA 02108 (617) 523-2500 jsandulli@sandulligrace.com January 30, 2014 13 atet ate pt pays ety et Te OLE 8S, ao, cet a tnt ay gee EXHIBIT ROAD $ we 1 i cata aataaies De ee ee ee wee se eos . meee . ee Western Regional Often 101 State Street, Suita 219 Springfield,MA 01103-2065 _ : October 31, 2005 e Robert Hughes a 25 Rollinson Road Worcester, MA 01606 oat O | * Phone 413-784-1734 Fax 413-784-2707

Fax Number 25 Rollinson Road, Worcester, MA 01606 22. The Charging Party is an: Individual LJ Employee Organization L| Employer DECLARATION | have read the above charge of prohibited practice and swear under the pains and penalties of perjury that the information contained in it is true and complete to the best of my knowledge apd belief.

City of Worcester v. Labor Relations Commission, 438 Mass. 177, Nor does the record show that Superintendent Horgans decision stemmed from the requirements of G.L. c. 49, 100 or any other statute. Contrast City of Lynn v. Labor Relations Commission, 43 Mass. App.

Further, the zipper clause incorporated in the par Article 25, Section 3 fails to establish that the Union waiv over transfers of work to employees outside the bargainin; has long held that [] general zipper clauses do not perm: make unilateral changes in mandatory subjects of bargai1 City of Worcester, 15 MLC 1439 (H.O. 1989).

City of Worcester, 15 MLC 1439 (H.O. 1989). Thus, where an employer has a continuing obligation to bargain over mandatory subjects of bargaining under the Law, a zipper clause will not preclude a union from bargaining over employees outside Unit 4.

City of Worcester, 2006 WL 2424706 (Mass.Super. July 3, 2006), aff'd, 78 Mass.App.Ct 117 (2010). At no time did Sirois have actual authority to enter into an agreement to have Brockton reimburse the Teacher for uncovered medical expenses. The request did not involve the terms, interpretation, or application of the CBA.

City of Worcester, 2006 WL 2424706 (Mass.Super. July 3, 2006), aff'd, 78 Mass.App.Ct. 117 (2010). As all relevant witnesses testified, including Sirois, Malone, and Minichiello, neither Malone nor Sirois had actual authority to enter into agreements with the BEA relative to health insurance issues or the payment of uncovered medical expenses absent express permission from the School Committee.