Town of Marblehead, 12 MLC 1667, 1670 (1986), cited in Board of Higher Ed, SUP16-5203, 2018 WL 3378311, at *18 (H.O. 2018). 7 The job duties that a firefighter performs while assigned to an apparatus or the job duties performed by a firefighter acting as the Battalion 1 Aide/Safety officer are not alleged to impact the pay received by any firefighter.

Town of Marblehead, 12 MLC 1667, 1672 (1986). In this case 22 non-Medicare-eligible employees, who were members of the bargaining unit prior to the 23 Towns unilateral action, were anticipating retirement and 15 basing their plans upon the Decision (cont'd) long-existing 75% MUP-10-5951, 5952, 5953, 5954 employer contribution rate for their retiree health insurance premiums.

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.