Town of Burlington, 35 MLC 18, 25, MUP-04-4157 (June 30, 2008), aff'd sub nom., Town of Burlington v. Commonwealth Employment Relations Board, 85 Mass. App. Ct. 1120 (May 19, 2014); Commonwealth of Massachusetts, 27 MLC 1, 5, SUP-4304 (June 30, 2000).

Craig Hardy, President, Local 143, [AFF By their attorney, Sean Laffe Lafferty & Lafferty 44 Mal] Road Burlington, MA 01803 (781) 270-5000 (781) 270-4447 (FAX) CERTIFICATE OF SERVICE I, Sean Lafferty, hereby certify that I have served a copy of the above submission, by first class mail this 24" day of September, 2012 on the following: Mayor, City Of Everett 484 Broadway Everett, MA Albert Mason, Esq. 145 Spring Street Chicopee, MA 01013 A.

Telephone Number Sean Lafferty (781) 270-5000 Address (street and No., city/town, state, and ZIP code) 15 New England Executive Park, Burlington, MA 01803 10. Fax Number (781) 270-4447 11. This charge is filed against (check one) 12.

Somerville |, 38 MLC at 93, (citing Masconomet Regional School Committee, 36 MLC 119, 120, CAS-08-3725 (February 8, 2010) (citing Town of Burlington, 35 MLC at 26 and Pittsburgh Plate Glass, 404 U.S. 157, 180 (1971)) .See also Town of Hull, 39 MLC 27, 30-31, MUP-10-5951 MUP-10-5954 (August 15, 2012) (accord).

Regional School District, 36 MLC MLC See Masconomet 119 (2010), citing Town of Burlington, 35 18,26 (2008), citing Pittsburgh Plate Glass, 404 U.S. 157, 180 (1971). Turning to the third criteria, the City admits above that it did not provide notice and an opportunity to bargain prior to making the change. This case is directly controlled by City of Somerville, 38 MLC 91 (2011).

Dist., 36 MLC 119, 120-121 (2010); Town of Burlington, 35 MLC at 26. The reasoning behind this holding is grounded in the fact that retirement benefits are considered wages and thus mandatory subjects of bargaining for existing employees: [T]he term wages . . . must be construed to include emoluments of value, like pension and insurance benefits, which may accrue to employees out of their employment -6- relationship. . . .

Hubbardston Solar Draper Farm Clean Energy Services Rehoboth Solar, LLC Chicopee Solar, LLC Nickerson One Solar LLC Nickerson Two Solar LLC Nickerson Three Solar LLC Nickerson Four Solar LLC Nickerson Five Solar LLC Nickerson Six Solar LLC Nickerson Seven Solar LLC Carlisle Solar LLC Stop & Shop, Store #0433, Medford, MA Easton CDF IMS-Brockelman Powerhouse Gym Adams Landfill One United Scituate Landfill Proffetty Solar Adams Farm Solar Kohl's - Burlington

Boston School Committee 26 Court Street, 3 Floor Burlington, MA Boston, MA RE: 01803 02108 MUP-13-2795 - BOSTON SCHOOL COMMITTEE AND BOSTON TEACHERS UNION Dear Mr. Bryant and Mr. Boyle: The Department of Labor Relations (Department) has received, docketed and reviewed the above-referenced charge.

Esposito, BBO # 672638 Dwyer, Duddy and Esposito Attorneys at Law, P.C. 25 Burlington Mall Road, Suite 411 Burlington, MA 01803 (781) 359-9777 mje@dwyerd.com Date: March 28, 2014 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing document has been served upon: Eamonn Gill, Esq. Boston Public Schools 26 Court Street, 3 Floor Boston, MA 02108 via email this 28" day of March, 2014. UL SockMi Mark J.

Lip BBO # 672638 Dwyer, Duddy and Esposito Attorneys at Law, P.C. 25 Burlington Mall Road, Suite 411 Burlington, MA 01803 (781) 359-9777 Date: May 8, 2013 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing document has been served upon: Virginia Tisei, Esq. Boston Public Schools 26 Court Street, 3! Floor Boston, MA 02108 via first-class mail, postage pre-paid, this 8" day of May, 2013. hed, Mark J.

Dwyer 781-359-9777 Address (street and No., city/town, state, and ZIP code) Dwyer, Duddy and Esposito, 25 Burlington Mall Rd., S. 411, Burlington, MA 01803 10. Fax Number | 781-272-8692 11. This charge is filed against (check one) 12.

GREENSPAN ATTORNEY AT LAW August 13, 2018 Carol Markland Staff Representative AFSCME Council 93 7 Bedford Street, Unit A Burlington, MA 01803 Re: Saugus Custodians Dear Ms. Markland: Pursuant to your request please be advised that the following companies were part of the informal process for proposals for custodial services: - Ls 2: 33 Empire Cleaning Complete Cleaning Company, Inc. Cleanco 4, S.J.

Town of Burlington v. McCarthy, 60 Mass. App. Ct. 914 805 N.E.2d 88 (2004). Accordingly, the role of the Civil Service Commission in reviewing the decision of the appointing authority is limited to scrutinizing employment decisions for reasonable justification for the action taken by the appointing authority in the circumstances found by the commission to have existed when the appointing authority made its decision. Watertown v. Arria, 16 Mass.

Town of Burlington v. James McCarthy, 60 Mass. Ap. Ct. 914, 914 (2006) (rescript), quoting Cambridge v. Civil Service Commission, 43 Mass. App. Ct, 300, 304-305 (1997). Malden did, however, have the burden of proving, by a preponderance of the evidence, that there was reasonable justification for the action taken by the appointing authority. Brackett, 447 Mass. at 241.

Town of Burlington, 60 Mass.App.Ct. 914, 915 (2004). Analysis I found no personal bias or favoritism on the part of the interview panelists, two (2) of whom testified before the Commission. They both offered candid, straightforward testimony and appeared to be focused on providing DOC with an informed opinion regarding the suitability of the candidates interviewed. The decision to bypass Mr.