See City of Gardner, 10 MLC 1218, MUP-4917 (Sep. 14, 1983) (union is not required to respond to rumors of proposed changes, speculation or proposals that are so indefinite that no response could be formulated). 11 The CERB has consistently held that certain amenities provided by an employer at the workplace amount to benefits on which employees may rely as conditions of employment and which constitute mandatory subjects of bargaining.

See City of Gardner, 10 MLC 1218, MUP-4917 (Sep. 14, 1983) (union is not required to respond to rumors of proposed changes, speculation or proposals that are so indefinite that no response could be formulated). 11 The CERB has consistently held that certain amenities provided by an employer at the workplace amount to benefits on which employees may rely as conditions of employment and which constitute mandatory subjects of bargaining.

See City of Gardner, 10 MLC 1218, MUP-4917 (Sep. 14, 1983) (union is not required to respond to rumors of proposed changes, speculation or proposals that are so indefinite that no response could be formulated). 11 The CERB has consistently held that certain amenities provided by an employer at the workplace amount to benefits on which employees may rely as conditions of employment and which constitute mandatory subjects of bargaining.

Her application reported two prior misdemeanor convictions: a September 2005 conviction for DUI in Winchendon, MA and an April 2004 conviction for Operator Unlicensed in Gardner MA. (Exh. 21; Testimony of Appellant & McGinnis) 2 4. As part of the DOCs customary screening process for the CO I position, DOC procured a CJIS Report, which contains a comprehensive record of Criminal Offender Record Information (CORI) as well as a Driver History.

City of Gardner, 26 MLC 72, 77 (2000), citing Town of Randolph, 8 MLC 2244, 2052 (1982). Thus, the [Unions] decision not to contest previous actions concerning health insurance neither extinguishes the Respondents bargaining obligation, nor bars the [Union] from objecting to the unilateral change in this case. Town of Brookline, 20 MLC at 1598.

City of Gardner, 26 MLC 72, 78 (2000); School Committee of Newton, 388 Mass. at. When fashioning appropriate remedies, the Board attempts to place employees in the position they would have been in but for the unlawful 22 conduct. City of Gardner, 26 MLC at 78 (citing Amesbury School Committee, 11 MLC 23 1049, 1058 (1984)). Moreover, the Board attempts to fashion remedies that will prevent 18 H.O.

City of Gardner, 26 MC 72, 78, MUP-1949, 1966, 1967, 1995 (January 5, 2000).

Commonwealth of Massachusetts, 21 MLC 1029, 1039 (1994); Board of Regents of Higher Education, 19 MLC 1485, 1487 (1992); City of Gardner, 10 MLC 1218, 1219 (1983).

Lowell School Committee, 28 MLC 29, 31 (2001); City of Gardner, 10 MLC 1218, 1219 (1983). The job duties at issue here are: a) fire prevention duties, b) transmittal of run reports to the private vendor who handles the billing for EMS services and the compilation of bills for EMS services, and c) CPR training.

Lowell School Committee, 28 MLC 29, 31 (2001); City of Gardner, 10 MLC 1218, 1219 (1983). The job duties at issue here are: a) fire prevention duties, b) transmittal of run reports to the private vendor who handles the billing for EMS services and the compilation of bills for EMS services, and c) CPR training.

City of Gardner, 10 MLC 1218, 1219 (1983). Armano was allowed to remain a member of the Fire Department on paper despite the fact that he performed no Fire duties and was the Acting Director of ISD. The impact of the new position has proved more than just a theoretical concern. It is clear the creation of the phony position impacted the job duties of a Captain because it resulted in the transfer of bargaining unit work to a non-unit position.

City of Gardner, 10 MLC 1218, 1222, MUP-4917 (September 14, 1983). 33 H.O. Decision (contd) MUP-19-7325 1 conditions of employment, are negotiable. Lawrence School Committee 3 MLC 1304 2 MUP-2287, 2329 (December 7, 1976). 3 It is also uncontroverted that position of Captain of Building Safety was a new 4 position. The Mayor and the Chief both admit that they did not inform the Union about the 5 decision to create this position in advance.

City of Gardner, 10 MLC 1218, 1222, MUP-4917 (September 14, 1983). 33 H.O. Decision (contd) MUP-19-7325 1 conditions of employment, are negotiable. Lawrence School Committee 3 MLC 1304 2 MUP-2287, 2329 (December 7, 1976). 3 It is also uncontroverted that position of Captain of Building Safety was a new 4 position. The Mayor and the Chief both admit that they did not inform the Union about the 5 decision to create this position in advance.

Ct. 826 (1979); City of Gardner, 26 MLC 67, 72, MUP-1489 (H.O. Dec. 29, 1999). When fashioning appropriate remedies, the Commonwealth Employment Relations Board attempts to place employees in the position they would have been in but for the unlawful conduct. City of Gardner, 26 MLC at 78. Ms.

Ct. 826 (1979); City of Gardner, 26 MLC 67, 72, MUP-1489 (H.O. Dec. 29, 1999). When fashioning appropriate remedies, the Commonwealth Employment Relations Board attempts to place employees in the position they would have been in but for the unlawful conduct. City of Gardner, 26 MLC at 78. Ms.

MUP City of Gardner and National Association of Government Employees, 4917, (10 MLC 1218 September 14, 1983) included a layoff of employees and contractors performing duties that the employees had performed (ie rubbish collection). Here BAMSI continues to provide the same services it has provided for a decade and has not altered or transferred any exclusive unit duty.