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City ofRevere, (applicants prior admission police officer while attending 9 MCSR 13 (1996) to sufficient facts stemming from an assault and battery on a a college party insufficient to justify bypass of otherwise exemplary candidate) This hearing officer is convinced that the Appellant presented a credible claim that the original criminal disposition of his case in 1993 was likely based on his uninformed and involuntary decisions in circumstances
Decision (cont'd) MUP-17-5924 176 mandatory subject of bargaining; City ofRevere, 21 MLC 1325, 1327, MUP-8793 177 (September 30, 1994) (the manner in which vacation leave is distributed is a mandatory 178 subject of bargaining).
City ofRevere, 21 MLC 16 1325, 1327, MUP-8793, 8795 (September 30, 1994); Massachusetts Port Authority. 26 17 MLC 100, 101, UP-2624 (January 14, 2000). Accordingly, the Union has established 18 the second element of its claim. 19 Prior Notice and Opportunity to Bargain 20 The City implemented the vacation eligibility policy without providing the Union 21 with prior notice and an opportunity to bargain.
See e.g., City ofRevere, 21 MLC 1325, 1327 (1994); Mass. Port Authority, 26 MLC 100, 101 (2000). To establish a violation, a charging party must show that: (1) the respondent has changed an existing practice or instituted a new one; (2) the change affected employee wages, hours, or working conditions and thus implicated a mandatory subject of bargaining; and (3) the change was implemented without prior notice and an opportunity to bargain.
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City ofRevere, MCSR 200 (1995); Whalen v. City of Quincy, 7 MCSR 271 (1994). 37 8 The facts of this case leave little doubt that Mr. Roberts is a solidly normal candidate for the position of Boston Police Officer and the Commission is skeptical that any fair and objective psychiatric medical evaluation reasonably could come to the opposite conclusion.
Moreover, the CERB 13 holds that work hours, wages, and vacation leave are mandatory subjects of bargaining. 14 See, e.g., City ofRevere, 21 MLC 1325, 1327, MUP-8793 and MUP-8795 (Sept. 30, 15 1994) (employer violated the Law by failing to bargain over change to how it scheduled 16 employees vacation leave); see, also, Commonwealth of Massachusetts, 46 MLC 131, 17 133, MUP-17-5924 (Jan. 7, 2020) (vacation leave is a mandatory subject of bargaining
See City ofRevere, 21 MLC 1325, 1327 (1994); Mass. Port Auth., 26 MLC 100, 101 (2000). The Authoritys vacation directives thus affected a mandatory subject of bargaining. The Authority also does not dispute that it issued the directives without giving the Union notice and an opportunity to bargain because, admittedly, it did not and does not understand them to be subject to any duty to bargain. As Donato testified: Q: A: Q: A: Q: A: Yes.
See City ofRevere, 21 MLC 1325, 1327 (1994); Mass. Port Auth., 26 MLC 100, 101 (2000). The Authoritys vacation directives thus affected a mandatory subject of bargaining. The Authority also does not dispute that it issued the directives without giving the Union notice and an opportunity to bargain because, admittedly, it did not and does not understand them to be subject to any duty to bargain. As Donato testified: Q: A: Q: A: Q: A: Yes.
E-mail: hduverne@massport.com Ann Marie Resca Former Massport Administrative Assistant to Herby Duverne | 16 Pleasant Street Revere, MA. 02151 Office: 781-286-8900 Fax: 781-286-7698 Ext #601 Cell: 617-771-1402 E-Mail: aresca@c2 tnorthshore.com Website: annemarieresca.c21ns.com Massport Contacts: David M.