Town of Randolph, .8 MLC 2044, 2052, MUP-2589 (April 23, 1982); Boston Public Health Commission, 38 MLC 6, 8, MUP-08-5279 (June 16, 2011). Based on the evidence presented, | have found probable cause to believe that a violation has occurred. For the reasons explained below, | have decided to dismiss the remaining allegation. .

Town of Randolph, .8 MLC 2044, 2052, MUP-2589 (April 23, 1982); Boston Public Health Commission, 38 MLC 6, 8, MUP-08-5279 (June 16, 2011). Based on the evidence presented, | have found probable cause to believe that a violation has occurred. For the reasons explained below, | have decided to dismiss the remaining allegation. .

Boston Public Health Commission, MUPL-218611 (Affirmance of Probable Cause Decision, slip. op. September 16, 2021). 12 There is no contradiction in recognizing that the legal standard for determining impasse is the same even ifas is the case herethe subsequent impact on the bargaining process is different. 13 To the extent that the Association disagrees with the JLMCs assertion of jurisdiction 8 Dismissal (cont.)

For purposes of this paragraph the definition of "any civilian bargaining: unit" shall not include any bargaining unit in the Boston Public Schools, the Boston Public Health Commission, th i Boston Water and Sewer Commission, the Boston Housing Authority, and the Boston Police Detectives Benevole: Society-Forensics Group in the Boston Police Department.

Employee spouses/partners plan (as long as he or she is covered by someone other than the City of Boston, Boston Water and Sewer Commission or the Boston Public Health Commission); b. A private plan; c. A plan offered through a second employer (if employee has another job that provides health care benefits); or d. A retiree health plan from an employer other than one of the City of Boston groups.

See Boston Public Health Commission, 38 MLC 6, 8 (2011).

See Boston Public Health Commission, 39 MLC 218, 12 CAS-11-1091/1092 (February 28, 2013) (declining to accrete a position to the unit, 13 notwithstanding a similar position in the unit, where the recognition clause of the CBA 14 excluded the disputed title and the other position was in the unit only as the result of 15 extensive negotiations). 16 For similar reasons, we do not believe that the absence of DESE licensure 17 requirements prevents the

Town of Randolph, .8 MLC 2044, 2052, MUP-2589 (April 23, 1982); Boston Public Health Commission, 38 MLC 6, 8, MUP-08-5279 (June 16, 2011). Based on the evidence presented, | have found probable cause to believe that a violation has occurred. For the reasons explained below, | have decided to dismiss the remaining allegation. .

Town of Randolph, .8 MLC 2044, 2052, MUP-2589 (April 23, 1982); Boston Public Health Commission, 38 MLC 6, 8, MUP-08-5279 (June 16, 2011). Based on the evidence presented, | have found probable cause to believe that a violation has occurred. For the reasons explained below, | have decided to dismiss the remaining allegation. .

. - Other plans include: Your spouses/partners plan (as long as he or she is covered by someone other than the City of Boston, Boston Water and Sewer Commission or the Boston Public Health Commission); F. - A private plan; -