The CERB 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. (1996) (citing City of Worcester, Boston School Committee, 2 MLC 1281, 1285 (1976)). 22 MLC 1365, 1376 Reading the April 15, 2010 MOA carefully, giving the words their plain and normal meaning, the MOA constituted an acknowledgement by the Town that it would hire back officers on overtime

City of Worcester, 16 MLC 1327, 1333 (1989). If the language is ambiguous, the Board will review the bargaining history to ascertain the parties intent. Marblehead, 12 MLC at 1670. Town of In particular, the Board must determine whether the contract language expressly or by necessary implication confers upon the employer the right to implement the changes in a mandatory subject of bargaining without bargaining with the union.

See City of Worcester, 25 MLC 189, 190 (1999). All of the information requested by BTU pertaining to school year 2012-2013 is 23. relevant and reasonably necessary to it in its role as collective bargaining agent, and BPS has never contested that fact. By failing and refusing to provide BTU with relevant and reasonably necessary 24. information, the Boston School Committee violated G.L. c. 1S0E, 10(a)(5) and, derivatively, 10(a)(1).

City of Worcester _v. Labor Relations Commission, 438 Mass. 177 (2002) (citing City of Boston v. Boston Police Patrolmen's Ass'n, 403 Mass. 680 (1989)). However, the Union must identify the actual impacts of the reorganization See Chief Justice for Administration and Management of the 20 on the bargaining unit. 21 Trial Court v. Commonwealth Employment Relations Board, 79 Mass. App. Ct. 374, 387 16 H.O.

.); and see City of Worcester, 34 MLC 15 (2007) (finding that the use of GPS phones did not alter standards of productivity and performance for operators of sanders).

City of Worcester, 16 MLC 1327, 1333 (1989). Here, the clear language of the parties MOU reveals that they considered and agreed that the Department has the discretion to cancel EPO details but must provide the EPOs with notice of the cancellation twenty-four hours before such detail is to take place. See Exhibit C.

Town of Ludlow, 27 MLC 34, 36 (2000); City of Worcester, 5 MLC 1108, 1111 (1978). The employees need only be similarly, not identically, situated. Franklin Inst. of Boston, 12 MLC 1091, 1093 (1985). The Commissions preference for broad, comprehensive units is balanced by the Commissions concern that a unit should not include employees so diverse as to produce inevitable conflicts in the collective bargaining process.

Town of Ludlow, 27 MLC 34, 36 (2000); City of Worcester, 5 MLC 1108, 1111 (1978). The employees need only be similarly, not identically, situated. Franklin Inst. of Boston, 12 MLC 1091, 1093 (1985). The Commissions preference for broad, comprehensive units is balanced by the Commissions concern that a unit should not include employees so diverse as to produce inevitable conflicts in the collective bargaining process.

Town of Ludlow, 27 MLC 34, 36 (2000); City of Worcester, 5 MLC 1108, 1111 (1978). The employees need only be similarly, not identically, situated. Franklin Inst. of Boston, 12 MLC 1091, 1093 (1985). The Commissions preference for broad, comprehensive units is balanced by the Commissions concern that a unit should not include employees so diverse as to produce inevitable conflicts in the collective bargaining process.

The interview took place in Worcester, MA at the law office of Attorney Gambaccini and the interview was recorded with the permission of Chief Sellon and Attorney Gambaccini. A copy of the transcript of this interview is included in this report.

Regards, Vinod Vinod Kalikiri, PE, PTOE, ENV SP Senior Project Manager 120 Front Street Suite 500 Worcester, MA 01608 P 508.513.2741 | M 781.254.0301 | F 508.459.0877 vkalikiri@vhb.com Engineers | Scientists | Planners | Designers www.vhb.com VHB Viewpoints. Explore trends with our thought leaders. Read | Watch | Connect This communication and any attachments to this are confidential and intended only for the recipient(s).

shall file an 6 answer to a complaint within five days from the date of service, unless otherwise 7 notified by the [Department].All allegations in the complaint not specifically denied or 8 explained in an answer filed, unless the respondent shall state in the answer that it is 9 without knowledge, shall be deemed admitted to be true and shall be so found by the 10 [Department], unless good cause to the contrary is shown. 456 CMR 15.06(1). 11 In City

In City of Worcester, 6 MLC 1475 (1979), the Board held that By filing a timely answer the respondent puts the charging issues to be litigated. 456 CMR 15.06(1). party and the [Board] on notice as to the It also allows the charging party time to prepare its case for hearing by addressing the issues and defenses raised by the respondent.