Moschos Mirick OConnell 100 Front Street Worcester, MA 01608-1477 dmoschos@mirickoconnell.com t 508.860.1422 f 508.983.6282 August 8, 2016 VIA E-FILE MAILBOX efile.dlr@massmail.state.ma.us Edward B. Srednicki, Esq.

BBO #357400 Mirick, OConnell, DeMallie & Lougee, LLP 100 Front Street Worcester, MA 01608-1477 Phone: (508) 860-1422 Fax: (508) 983-6282 Email: dmoschos@mirickoconnell.com Dated: August 24, 2016 -2- CERTIFICATE OF SERVICE I, D. M.

Grafton Girls program needs a very large voice on this one, which | hope lets them all heal and charges are brought against this resident Thank you Sule Bewube Eaton Central Transportation Department of Youth Services 363 Belmont Street Worcester, MA 01604 (508) 368-4262 Fax: (508) 752-4640 , . . ~* prrrrs 7 a

BAKER GOVERNOR Worcester, MA 01604 BARBARA MORTON REGIONAL DIRECTOR LENNY BEATTY FACILITY ADMINISTRATOR KARYN E. POLITO LIEUTENANT GOVERNOR MARYLOU SUDDERS SECRETARY 508.368.4217 PETER J.

City of Worcester, 16 MLC 1327, 1333, MUP-6810 (October 19, 1989). If the language is ambiguous, the CERB will review the parties' bargaining history to determine their intent. Peabody School Committee, 28 MLC 19, 21, MUP-2073 (June 21, 2001); Town of Marblehead, 12 MLC at 1670.

City of Worcester, 11 MLC 1363, 1366 (1985). In analyzing whether an employee should be accreted into an existing bargaining unit, the Department uses a three-part test. United Steelworkers, Local 9360, 37 MLC 29, 31 (2010). It first determines whether the position was included in the original certification or recognition of the bargaining unit.

.; Boston School Committee and Boston Teachers Union Local 66, 19 MLC 1709, 1711 (1993) '3 County of Suffolk and Local 285; 8 MLC 1573, 1576 (1981) 4 City of Worcester v National Association of Governmental Employees, Local 495, 39 MLC 247, 249 (2013) Respectfully submitted, Tze a7 Philip Brown Date: June 26, 2013 Certificate of Service I, Philip Brown, hereby certify that I have this day, by certified mail, served a copy of the foregoing upon counsel

Town of Hingham, 21 MLC 1237, 1240 (1994); City of Boston, 5 MLC 1796, 1797 (1979); City of Worcester, 4 MLC 1317, 1320 (1977). The Commission has found a past practice to exist where the action has been repeated over a number of years. See e.g.

City of Worcester v. Labor Relations Comm'n, However, mandatory bargaining subjects, the Board decisions that must, as a matter from that expansively has exempted of policy, be reserved defined category of certain types of managerial to the discretion.

See City of Worcester, 40 MLC 87, 90, MUP-08-5304 (September 19, 2013). It was not unlawful for the NBHA to reject the Union's grievance. Moreover, Baker, as an individual employee, does not have standing to allege that the NBHA refused to engage in good faith negotiations with the Union as the exclusive bargaining representative, a claim that is more appropriately alleged as a Section 10(a)(5) violation of the Law.

National Association of Government Employees Local 495 and City of Worcester, MUPL-10-4686. (Davis, 2013) citing to Whittier Regional School Committee, 13 MLC 1325, 1331-32 (1986). Collyer Insulated Wire, Gulf & Western Systems Co. v International Brotherhood of Electrical Workers, AFLCIO, Local Union 1098, 192 NLRB 837 (1971). 2 3 Cohasset School Committee and their agent James Gray and Cohasset Teachers Association, MUP-419 (1974).

.); City of Worcester v. Labor Relations Commn, 438 Mass. 177, 180-181 (2002). The rights of management can be reserved by statute, by tradition, or by common sense. Lynn v. Labor Relations Commn., 43 Mass.App.Ct. 172, 178 (1997) (emphasis added). [T]o the extent subjects within that zone find their way into a collective bargaining agreement, the provisions of the collective bargaining agreement are not enforceable. Boston v.