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.dilr@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 -3- CERTIFICATE OF SERVICE I, D. M.

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.

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.

.); 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.

City of Worcester, 25 MLC 169, MUP-1641 (1999). Here, the Town does not dispute that on January 23 2019 it significantly changed the policing service APD provided to Hampshire College. As set forth in the parties joint stipulations of fact: (1) prior to January 23, 2019, Hampshire College contracted with the Mt.

City of Worcester, 1 MLC 1697, 1698 (1978) Here, the requests for remote accommodation involved a level of services decision and the essential functions of employment which were not a mandatory subject of bargaining.

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, 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