Address (street and no., city/town, state, and ZIP code) 23, Fax Number Hanley Law Offices, LLC, 308 Victory Rd., Floor 3, Quincy, MA 02171 24. 617-770-9669 *** Questions 24 and 24a relate only to Petitions filed pursuant to M.G.L. c.150E *** If the Petitioner is an Employee organization, has the Petitioner complied with the 24a, Last Date of Filing filing requirements of M.G.L. c.150E, 13 and 14?

Fax Number Quincy, MA 02171 617-570-4976 This charge is filed against (check one) Employer 12. 781-762-1803 L] Employee Organization The above named employer or employee organization has engaged or is engaging in a prohibited practice within the meaning of Massachusetts General Law, Chapter 150E, Section(s) (enter all appropriate sections/subsections) 10(a)1 and 10(a)3 Failing to specify an appropriate section/subsection may result in the dismissal

Dartmouth iation Hickernell Massachusetts Teachers Association 2 Heritage Drive Quincy, MA 02171 (617) 878-8287 mhickernell@massteacher.org Date: I November hereby certify School Committee, Date: November 253993 10, 2016 that Certificate of I day Walter 10, 2016 have this R. Smith, Service served the fgregoing

DECLARATION | have read the above petition and swear under the pains and penalties of perjury that the information contained in it is true and complete to the best of my knowledge and belief. a Name (print) Sighature 1 ZL LL lA a7 YZ iY / Title (if any) Mark Hickernell Attorney Address (street and no., city/town, state, and ZIP code) Telephone Number 2 Heritage Drive, Quincy MA 02171 617-878-8287 CERTIFICATE OF SERVICE | hereby certify that | have

See also City of Quincy, 22 MLC 1772, 1776 (1996). Neither party may insist to impasse upon inclusion or exclusion from a lawfully established unit . . . City of Springfield (Municipal Hospital), 12 MLC 1268, 1275 (1985). In this case, Local S-2 cannot insist on bargaining to impasse with Massport over a permissive subject of bargaining.

City of Quincy, 7 MCSR 271 (1994). Indeed, in the case of Daniel Funaro v. Chelmsford Fire Department, the Commission overturned a psychological bypass even though two (2) doctors for the Appointing Authority found the appellant unfit perform the essential functions of a firefighter.

Higher Education Coordinating Council and MA Community College Council/MTA, 23 MLC 90, 92 (1996) citing City of Quincy/Quincy Hospital 15 MLC 1239 (1988). Here, the union cannot meet its burden, particularly as to the first prong of the well-established three-prong test because there was no transfer of bargaining unit work outside of the bargaining unit. The Union has presented no assertion or facts that Ms.

.; see also City of Quincy, 17 MLC 1603, 1608 (1991); see also Massachusetts Board of Regents of Higher Education, 10 MLC 1196 (1983). Ifthe parties hold differing good faith interpretations of the provision at issue, there can 1481065_1 16 be no repudiation as a matter of law.

City of Quincy, 23 MLC at 201, MUP-9867 (March 3, 1997) 14 (discriminatory denial of use of table outside cafeteria held unlawful); Quincy School 15 Committee 19 MLC 1476, MUP-5951 (October 21, 1992)(blanket policy prohibiting union 16 solicitation held unlawful).

City of Quincy, 23 MLC at 201, MUP-9867 (March 3, 1997) 14 (discriminatory denial of use of table outside cafeteria held unlawful); Quincy School 15 Committee 19 MLC 1476, MUP-5951 (October 21, 1992)(blanket policy prohibiting union 16 solicitation held unlawful).

City of Quincy, 6 MLC 1662 (1979), Middlesex County Commnrs., 3 MLC 1594 (1977). Speculation concerning the possible restructuring of the wage and salary scales for employees at the museum simply does not justify the Citys evasion of statutory responsibility. Id. The instant case stands on all fours with City of Holyoke.