December 4, 1996 (citing (November change must impact on a mandatory subject of bargaining. 1957, MUP-4000, Labor To establish a violation of the Law, the Union must occurred of Massachusetts, City of Peabody, v. 124 (1989); School Committee of Newton v. Labor Relations Commission, 388 Mass. 557 (1983). prove of Massachusetts 17, 1982)).

City of Peabody, 25 MLC 191, 192-193, MUP-9861 (May 20, 1999). For an employee to be entitled to union representation, the meeting must be investigatory in nature. Commonwealth of Massachusetts, 22 MLC 1741, 1747, SUP-4105 (May 16, 1996). The right to union representation attaches when the employee reasonably believes that the investigation will result in discipline and the employee makes a valid request for union representation. Id.

Peabody, MA 01960 Dear Lt. Mcdaid | I have received the petition of Adam Bradley appealing the nonresponse of the Peabody Police Department (Department) to a request for public records. G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr.

By the conduct listed in paragraphs 4-10, the Employer has taken adverse action against the bargaining unit member because charges of prohibited practices were filed against the Employer (See City of Peabody, 25 MLC 191 (1999)).

City of Peabody, 9 MLC 1447 (1982). The Board has long held that an employer asserting contractual waiver as an affirmative defense must show that the parties consciously considered the situation that has arisen, and that the union knowingly waived its bargaining rights. Central Berkshire Regional School Committee, 31 MLC 191, 202 (2005); Commonwealth _ of Massachusetts, 26 MLC 228, 231 (2000); Town of Marblehead, 12 MLC 1667, 1670 (1986).

Commonwealth of Massachusetts, 23 MLC 137, 138 (1996); City of Peabody, 9 MLC 1447, 1449 (1982); City of Boston, 8 MLC 1419, 1436 (1981). (11) Based on the foregoing, the City respectfully submits that the Unions charge should be dismissed, since no probable cause exists to believe that the City violated either General Laws c. 150E, 10(a)(1) or 10(a)(5). Respectfully submitted, CITY OF AMESBURY By its attorney, See Darren R. Klein, Esq.

City of Peabody, 9 MLC 1447, 1449 (1982). A mere change in the procedure for administrating a condition of employment where the actual condition remains intact does not amount to a unilateral change. Id. Here, it is undisputed that bargaining unit members answered 911 calls before and after July 1, 2012.

Quincy School Committee, 27 MLC at 91 (citing City of Peabody, 25 MLC 191, 193, MUP-9861 (May 21, 1999)). Expressions of employer anger, criticism, and ridicule directed at an employees protected activities have been found sufficient to constitute interference, restraint, and coercion of the employee. Id.

City of Peabody, 9 MLC 144, MUP-4750 (November 17, 1982). The Union argues that the Town allowed Rogers to shift bid for the 2013 year. The evidence indicates that Rogers was the only Lieutenant to submit a shift bid for the 2013 year, and that the Town did not respond to his request. Additionally, Rogers prioritized the shift that he was already working on.

See City of Peabody, 28 MLC 281, 284, MUP-2162 (March 6, 2002) (holding that letter that did not warn of future adverse action or did not negatively impact wages, hours, or conditions or employment is not adverse action). Second, even assuming the Citys subsequent threat of insubordination-related discipline was such an action, the Union has not shown it was unlawfully motivated.

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records August 25, 2023 SPR23/1960 Captain Douglas Marcus Peabody Police Department 6 Allens Way Peabody, MA 01960 Dear Captain Marcus: I have received the petition of Jeff Raymond, of the Bramanville Tribune, appealing the response of the Peabody Police Department (Department) to his request for public records