Reardon, Joyce & Akerson, P.C. 4 Lancaster Terrace Worcester, MA 01609 Appearance for Respondent: Peter J. McQuillan, Esq. Fairburn & McQuillan 240 Pleasant Street Methuen, MA 01844 Commissioner: Cynthia A. Ittleman DECISION On July 21, 2016, the Appellant, David Chartrand (Mr.

Worcester Office: 22 Front Street, Fifth Floor, PO Box 8038, Worcester, MA 01641, (S08) 799-6379. ARTICLE 38 DISCIPLINE AND DISCHARGE No employee who has completed his/her six (6) month probationary period shall be suspended or disciplined except for just cause.

both worked this, and other, events. 2 For just a sample of such cases over the last four decades, see Mahar Teachers Association, 43 MLC 205 (2017); Commonwealth of Massachusetts, 42 MLC 49 (2015); Salem Teachers Union, 35 MLC 225 (2009); City of Boston, 25 MLC 76 (1998); Andover School Committee, 22 MLC 1057 (1996); Massachusetts State Lottery Commission, 22 MLC 1468 (1996); City of Quincy, 14 MLC 1347 (1987); Town of Wayland, 7 MLC 2082 (1981); City

Commonwealth of Massachusetts, 28 MLC 36 (2001); City of Worcester, 25 MLC 169 (1999). Here, the City unilaterally altered Meninos job duties and workload by revoking her access to the loft and by requiring her to create detailed lists of specific duties to be performed by PMD staff on overtime at special events.

Commonwealth of Massachusetts, 28 MLC 36 (2001); City of Worcester, 25 MLC 169 (1999). Here, the City unilaterally altered Meninos job duties and workload by revoking her access to the loft and by requiring her to create detailed lists of specific duties to be performed by PMD staff on overtime at special events.

City of Worcester, 38 MLC at 194, citing, Commonwealth of Massachusetts, 30 MLC 64, 85 (2003). A binding past practice does not exist if an organization behaves inconsistently. In Town of Hingham, the town did not require an independent exam before administering benefits in all but two instances. 21 MLC 1237 (1994). Citing those two instances, the Commissions reasoned that the Town was inconsistent in its application of this process. Id.

(citing City of Worcester, 5 MLC 1397, 1399, MUP-2691 (November 3, More specifically, our review of the record shows that after the Commonwealth the Union did not respond by arguing that these were separate allegations, but rather that the document should be admitted because it goes to both of the allegations that underlie this complaint. The Hearing further explanation or comment.

City of Worcester, If the language is ambiguous, we will review the parties bargaining history to determine their intent. 21 (2001); Town of Marblehead, Peabody School Committee, 28 MLC 19, 12 MLC at 1670.

City of Worcester, 16 MLC 1327, 1333, MUP-6810 (October 19, 1989). CERB will review the parties bargaining School Committee, 28 MLC If the language is ambiguous, the history to determine their intent. 19, 21, MUP-2073 (June 21, 2001); Town Peabody of Marblehead, 12 MLC at 1670. Turning to Article 30, the University contends that a portion of this provision constitutes a waiver of the IBCOs right to bargain over the decision to subcontract.

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.

'SAndulli andulli Grace, P.C. 44 School Street Boston, MA 02108 (617) 523-2500 jsandulli@sandulligrace.com January 30, 2014 13 atet ate pt pays ety et Te OLE 8S, ao, cet a tnt ay gee EXHIBIT ROAD $ we 1 i cata aataaies De ee ee ee wee se eos . meee . ee Western Regional Often 101 State Street, Suita 219 Springfield,MA 01103-2065 _ : October 31, 2005 e Robert Hughes a 25 Rollinson Road Worcester, MA 01606 oat O | * Phone 413-784-1734 Fax 413-784-2707

SEX RN COES NORTMMHE E EG LL UNITY CO Haverhill Lawrence October 30, 2014 - Joseph Rizzo rdinator MCCC DCE Grievance Coo et 97 Mechanic Stre Worcester, MA 01608 Re: Public Records Request wa me fe Seeking copics has received your request ege Northern a 2 . ofany and Jannary 1, 2011 and sent or received between ils ema and ers; lett da, ing but not all emoran n-unit administrators includ between any no ant Deans, and Human September 24, 2014 by and