Reardon, Joyce & Akerson, P.C. 4 Lancaster Terrace Worcester, MA 01609 Appearance for Respondent: Layla G. Taylor, Esq. Sullivan, Hayes, & Quinn, LLC One Monarch Place, Suite 1200 Springfield, MA 01144 Commissioner: Christopher C. Bowman SUMMARY OF DECISION The Civil Service Commission previously upheld the termination of Ware Fire Lieutenant Brian Coulombe after it was proven that 1) Lt.

By email on March 13, 2017, Noel stated that he did have the details of the grievance settlement, but that he did not have the information with him, as he was in Worcester, MA at the time. Noel also mentioned that the grievance settlement entailed back pay. II When Costa did not hear from Noel on or after March 13, 2017, she sent, him emails on March 23, 2017, March 24, 2017 and March 28, 2017.

By email on March 13, 2017, Noel stated that he did have the details of the grievance settlement, but that he did not have the information with him, as he was in Worcester, MA at the time. Noel also mentioned that the grievance settlement entailed back pay. II When Costa did not hear from Noel on or after March 13, 2017, she sent, him emails on March 23, 2017, March 24, 2017 and March 28, 2017.

By email on March 13, 2017, Noel stated that he did have the details of the grievance settlement, but that he did not have the information with him, as he was in Worcester, MA at the time. Noel also mentioned that the grievance settlement entailed back pay. When Costa did not hear from Noel on or after March 13, 2017, she sent him emails on March 23, 2017, March 24, 2017 and March 28, 2017.

City of Worcester v. Labor Relations Commn, 438 Mass. 177, 182 (2002). In Boston v. Boston Police Superior Officers Fedn., 466 Mass. 210 (2013), the Supreme Judicial Court, concluded that the transfer of an officer was within the police commissioners exclusive and nondelegable authority over the assignment and organization of officers within the department. Boston Police Superior Officers Fedn., supra at 215, quoting Boston v.

Employees, Local 495 and City of Worcester, MUPL-10-4686 citing City of Cambridge, 7 MLC 2111, 2112 (1981).

(BBO No. 676344) KJC Law Firm, LLC One Exchange Place, 2nd level Worcester, MA 01619 (617) 720-8447 jmartin@kjclawfirm.com CERTIFICATE OF SERVICE I, Luke Rosseel, hereby certify that on September 9, 2020, I served the forgoing motion on the following counsel of record for the Union via email: Michael Feinberg, Esq. (BBO No. 161400), maf@fczlaw.com Luke Liacos, Esq. (BBO No. 693706), lgl@fczlaw.com Lynn Alexis, Esq.

(BBO No. 676344) KJC Law Firm, LLC One Exchange Place, 2nd level Worcester, MA 01619 (617) 720-8447 jmartin@kjclawfirm.com 4 CERTIFICATE OF SERVICE I, Luke Rosseel, hereby certify that on October 13, 2020, I served the forgoing motion on the following counsel of record for the Union via email: Michael Feinberg, Esq. (BBO No. 161400), maf@fczlaw.com Luke Liacos, Esq. (BBO No. 693706), lgl@fczlaw.com Lynn Alexis, Esq.

(BBO No. 676344) KJC Law Firm, LLC One Exchange Place, 2nd level Worcester, MA 01619 (617) 720-8447 jmartin@kjclawfirm.com CERTIFICATE OF SERVICE I, Luke Rosseel, hereby certify that on September 23, 2020, I served the forgoing motion on the following counsel of record for the Union via email: Michael Feinberg, Esq. (BBO No. 161400), maf@fczlaw.com Luke Liacos, Esq. (BBO No. 693706), lgl@fczlaw.com Lynn Alexis, Esq.

Reardon, Joyce & Akerson, P.C. 397 Grove Street Worcester, MA 01605 (508) 754-7285 akerson@rja-law.com agambaccini@rja-law.com Respondents Attorney: Marc L. Terry, Esq. Mirick, OConnell 1700 West Park Drive Westborough, MA 01581-3941 (508) 898-1501 mlterry@modl.com Commissioner: Christopher C. Bowman DECISION Pursuant to the provisions of G.L. c. 31, 43, the Appellant, Robert N.

Worcester, MA 01655 Patient Choice ---~'Transport Delay: None . ~~ ..,,...furn Around Documentation, Other . Patient Moved To Stretcher Ambulance: Patient's Position Semi-Fowlers in Transport: Patient Moved Stretcher From Ambulance: mes PSAP: Disp. Notifled: Unit Disp.: . . Enroute: At Scene: At Patient: Depart: 01/04/2015 01/04/2015 01/04/2015 01/04/2045 01/04/2015 01/04/2015 01/04/2015 and Mileage.

FAX 413~787~1941 .. www.skoler-abbott.com 255 PARK AVENUE WORCESTER. MA 01609 508757-5335 173 INTERSTATE DRIVE. WATERBURY. CT 06705.2036301175 AFFILJATE OF WORKLAW@NETWORK:THENATIONWIDENETWORKOF MANAGEMENT LABOR AND EMPLOYMENT LAW FIRMS. made to the MCAD, Clift did not consider the Informal Observation in making the determination to terminate Sebestyen who was a conditional (probationary) teacher at the time of her termination.

Although the Town argues that the Union did not modify its proposals on significant issues, including twenty-four hour shifts and EMT stipends, but instead only reduced its total number of proposals during off-therecord bargaining, the Law does not require parties to reach agreement on a particular 14 MUPL-16-5526 Dismissal (cont'd) proposal, only to bargain in good faith, see City of Worcester, 40 MLC 87, 90, MUP- 085304 (September 19, 2013), and

The Law does not require parties to reach agreement on a particular proposal - only to bargain in good faith, City of Worcester, 40 MLC 87, 90 (2013), and the Employer did so here. U-Mass Medical School, 2014 WL 495242, *11 (H.O. 2014). In Town of Billerica, MUP-144234 (December 16, 2017), 2017 WL 6883663, the CERB concluded that the Town had not engaged in surface bargaining about the impacts of a decision to eliminate evening and day shifts.

City of Worcester Police Department, 33 MDLR 195 (MCAD; 2011), the MCAD, using a similar legal standard, found that a respondent failed to produce sufficient evidence to support its argument of nondiscriminatory motive.

City of Worcester Police Department, 33 MDLR 195 (MCAD; 2011), the MCAD, using a similar legal standard, found that a respondent failed to produce sufficient evidence to support its argument of nondiscriminatory motive. In that case, where the decision at issue was made by the appointing authority, that appointing authoritys failure to produce evidence to support its reasons undermined its arguments.