See, Town of Marblehead, 10 MLC 1577 (1984). The contract specifically discusses mileage reimbursements for commutes. It is undisputed that the inspectors have always been compensated for their mileage between worksites. The dispute lies in compensation for commuting, or the travel to the first worksite and back from the last worksite.

Inhabitants of the Town of Marblehead, 68 F.2d 875, 877 (1" Cir. 1934). Under settle Massachusetts law, a broad release is to be given effect even if the parties did not have in mind all the wrongs which existed at the time of the release. See Naukeag Inn, Inc. v.

Commonwealth of Massachusetts, 26 MLC 228, 231 (2000), citing, Town of Marblehead, 12 MLC 1667, 1670 (1986). The waiver needs to be conscious and unmistakable. Id. If the language to the contract is ambiguous, the parties will review the parties bargaining history to determine their intent. Massachusetts Board of Regents, 15 MLC 1265, 1269 (1988).

Town of Marblehead, 12 MLC at 1670 (using bargaining ambiguous language concerning an alleged waiver). history to clarify Because evidence of bargaining history to support the Universitys waiver defense is not present, | find that the evidence fails to show that the IBPO knowingly, clearly and unmistakably waived its statutory right to bargain over the change in work hours management rights clause. 26 at issue here when it agreed to the H.O.

City of Leominster, 23 MLC 62, 65 (1996); Town of Marblehead, 12 MLC 1667, 1670 (1986). A waiver to the statutory right to bargain over a particular subject cannot be inferred lightly, but must be shown clearly, unmistakably, and unequivocally and cannot be found on the basis of a broad, but general, management rights clause. School Committee of Newton v. Labor Relations Comm., 388 Mass. at 569.

City of Newton, 37 MLC at 36; City of Worcester, 16 MLC 1327, 1333 (1989); Town of Marblehead, 12 MLC 1667 (1986); Commonwealth of Massachusetts, Chief Administrative Justice of the Trial Court, 11 MLC 1440 (1985); Town of Andover, 4 MLC 1086 (1977). For all the forgoing reasons, the Citys defense must fail.

City of Newton, 37 MLC at 36; City of Worcester, 16 MLC 1327, 1333 (1989); Town of Marblehead, 12 MLC 1667 (1986); Commonwealth of Massachusetts, Chief Administrative Justice of the Trial Court, 11 MLC 1440 (1985); Town of Andover, 4 MLC 1086 (1977). For all the forgoing reasons, the Citys defense must fail.

City of Newton, 37 MLC at 36; City of Worcester, 16 MLC 1327, 1333 (1989); Town of Marblehead, 12 MLC 1667 (1986); Commonwealth of Massachusetts, Chief Administrative Justice of the Trial Court, 11 MLC 1440 (1985); Town of Andover, 4 MLC 1086 (1977). For all the forgoing reasons, the Citys defense must fail.

Peabody School Committee, 28 MLC 19, 21, MUP-2073 (June 21, 2001); Town of Marblehead, 42 MLC at 1670. Here, the City contends that the disputed provisions clearly and unambiguously waive the Unions right to bargain over the Citys imposition of the FF I/II certification as a continued condition of employment. 20 those provisions, 21 bargain.

Ct. 169, 174 (1999); City of New Bedford, 38 MLC at 248; Massachusetts Board of Regents, 15 MLC 1265, 1269, SUP-2959 (Nov. 18, 1988); Town of Marblehead, 12 MLC 1667, 1670, MUP-5370 (Mar. 28, 1986). A waiver by contract will not be lightly inferred. There must be clear and unmistakable showing that such waiver occurred through the bargaining process or the specific language of the agreement.

Ct. 169, 174 (1999); City of New Bedford, 38 MLC at 248; Massachusetts Board of Regents, 15 MLC 1265, 1269, SUP-2959 (Nov. 18, 1988); Town of Marblehead, 12 MLC 1667, 1670, MUP-5370 (Mar. 28, 1986). A waiver by contract will not be lightly inferred. There must be clear and unmistakable showing that such waiver occurred through the bargaining process or the specific language of the agreement.