Mirick OConnell 100 Front Street, 1st Floor Worcester, MA 01608 Administrative Magistrate: Kenneth J. Forton SUMMARY OF DECISION Police Departments decision to suspend Appellant, a Lieutenant, for 15 days without pay for neglect of duty is supported by the record.

Reardon, Joyce & Akerson, P.C. 4 Lancaster Terrace Worcester, MA 01609 Appearance for Respondent: Thomas J. Rooke, Esq. Associate City Solicitor City of Chicopee 17 Springfield Street Chicopee, MA 01013 Commissioner: Christopher C.

SurreE 2000 ONE MONARCH PLACE SPRINGFIELD, MA 01144 * 413-737-4753 FAX 413-787-1941 255 PARK AVENUE WORCESTER, MA 01609 www.skoler-abbott.com 508-757-5335 250 POMEROY AVENUE MERIDEN, CT 06450 203-630-1175 AFFILIATE OF WORKLAW NETWORK: THE NATIONWIDE NETWORK OF MANAGEMENT LABOR AND EMPLOYMENT LAW FIRMS. COMMONWEALTH OF MASSACHUSETTS 1 DIVISION OF LABOR RELATIONS: = ism mM = co S| COLLABORATIVE FOR EDUCATIONAL SERVICES, INC. al es CASE NO.

Christopher, Hays, Wojcik & Mavrico, LLP 370 Main Street Worcester, MA 01608 Respondents Attorney: Martha OConnor, Esq. Human Resources Division One Ashburton Place: Room 211 Boston, MA 02108 Commissioner: Christopher C.

Eden Rafferty 238 Shrewsbury Street Worcester, MA 01604 Appearance for Respondent: Suzanne T. Caravaggio, Esq. Departmental Prosecutor Division of Standards and Training Massachusetts State Police 470 Worcester Road Framingham, MA 01702 Commissioner: Paul M.

Moschos Mirick OConnell 100 Front Street Worcester, MA 01608-1477 dmoschos@mirickoconnell.com t 508.860.1422 f 508.983.6282 BY EMAIL September 15, 2017 Timothy Hatfield, Esq.

Special Counsel i" oY Address (street and no., city/town, state, and ZIP code) Telephone Number Mirick O'Connell DeMallie & Lougee, LLP, 100 Front Street, Worcester, MA 01608 | 508-860-1477 CERTIFICATE OF SERVICE I hereby certlfy.that | have served a copy of this Charge of Prohibited Practice on the following representative of the opposing party. Name Address (street and no., city/town, state, and ZIP code) Leah M.

Approval Title of Higher Rated Position Disapproval Duration of Assignment Reason for Disapproval: Signature of Institutional Personnel Officer cc: Employee Immediate Supervisor Departmental Supervisor NEPBA/TempWorkAssgnForm 54 Date of Signature APPENDIX C: niversity of Massachusetts aseveeca< Medical School Department of Public Safety 55 Lake Avenue North Worcester MA 01655 508-856-3296 508-856-1629{fax) Standard Operating Procedure: Shift swap

City of Worcester v. Labor Relations Commission, 438 Mass. 177, 180 (2002). Here, I turn to consider whether the Departments decision to restrict unit members use of certain chemical crowd agents and kinetic impact projectiles is encompassed within the Police Commissioners non-delegable managerial authority pursuant to St. 1962, c.322 (Commissioners Statute).

Id., at 91; see also Dux.bury School Committee, 25 MLC 22, 24 (1998); City of Worcester, 4 MLC 1697, 1698 (1978); City of Leominster, 3 MLC 1579, 1581 (1977). The Department has not altered Rule 200 with respect to crowd control and protests. The Department's internal affairs process remains unaltered and the Police Commissioner's exclusive authority to issue discipline remains unchanged.

City of Worcester, 16 is ambiguous, the (October 19, 1989). bargaining If the language history to determine their intent. Town_of Marblehead, 12 MLC 1667, 1670, MUP-5370 (March 28, 1986). The relevant language of the MOA does not expressly give the Employer the unit work.

City of Worcester, employer to make the change, no further inquiry is necessary. MLC 1333 1327, expressly or by 25 (1989). Waiver will not be found necessary implication confers 16 unless the contract language upon employer the the right to implement the change in the mandatory subject of bargaining without bargaining with the union.

The Board gives effect to the clear meaning of the bargained-for language and does not inquire into the parties intent where the words of the agreement are unambiguous. 1376 (1996) (citing City of Worcester, Boston School Committee, 22 MLC 2 MLC 1281, 1285 (1976)). 1365, Reading the June 2008 Agreement carefully, giving its words their plain and normal meaning, it does not specifically state that the City will not lay off any unit members during the