(citing Lowell School Committee, 28 MLC 29, 31, MUP-2074 (June 22, 2001); City of Gardner, 10 MLC 1216, 1219, MUP-4917 (September 14, 1983)); see also City of Boston, 38 MLC 201, 202, MUP-08-5253 (March 9, 2012). When work is shared by bargaining unit members and non-unit employees, the Commission has determined that the work will not be recognized as exclusively bargaining unit work.

See also, City of Gardner v. Bisbee, 34 Mass.App.Ct. 721, 723 (1993) (mayor impermissibly dictated to appointing authority who should be laid-off); Raymond v. Civil Service Commn, 25 Mass.L.Rptr. (Sup.Ct. 2008) (layoff tainted by animus and lack of disclosure to Town Manager and Board of Selectmen of relevant facts by Fire Chief); Owens v.

Gardner MA 01440 7. FAX Number EMPLOYER'S LABOR RELATIONS REPRESENTATIVE 8. Name Mount Wachusett Community College c/o Board of Higher Educat 9. Telephone Number 978-632-6600 10,11,12, 13. Address (street and No., city/town, state,and ZIP). 14. FAX code) 444 Green St. Gardner MA 01440 15. E-mail address unknown - : 16. Firm/Organization Name Board of Higher Education 7 EMPLOYEE 17.

City of Gardner, 26 MLC 189 (2000). The first step is to determine whether the charging party has established a prima facie case of discrimination. Athol-Royalston Regional School Committee, 28 MLC 204, 213 (2002).

Higher Education, 19 MLC exclusive representative the decision to transfer with prior the work. notice of and an Commonwealth of 1039 (1984). citing Massachusetts Board of Regents of 1485. 1488 (1992) and City of Gardner. 10 MLC 1218, 1219 (1983). The Charging Party can not meet the first required prong: it can not show that work was transferred outside the bargaining unit.

85151 EVERETT MA 216699 EVERETT MA 143257 SOMERVILLMA 35172 LONDONDENH 159911 REVERE MA 147041 REVERE MA 172172 REVERE MA 119000 EVERETT MA 85152 EVERETT MA 138502 REVERE MA 205676 REVERE MA 207796 145842 MALDEN MA 119481 REVERE MA 138498 LOWELL MA 104594 EVERETT MA 204764 CHELSEA MA 81942 EAST BOSTMA 102078 EVERETT MA 110252 LYNN MA 188524 CHELSEA MA 107626 EVERETT MA 215300 LYNN MA 117416 EVERETT MA 146210 N ANDOVEMA 160637 HAVERHILLMA 146992 GARDNER

Lowell School Committee, 28 MLC 29, 31, MUP-2074 (June 22, 2001); City of Gardner, 10 MLC 1216, 1219, MUP4917 (September 14, 1983). 1. Bargaining Unit Work To determine whether the MCCA unlawfully transferred bargaining unit work, | must first determine whether the disputed loading dock duties are bargaining unit work and, if so, whether unit members share the work with non-bargaining unit personnel.

Lowell School Committee, 28 MLC 29, 31 (2001); City of Gardner, 10 MLC 1218, 1219 (1983). In certain circumstances where job duties have traditionally been shared by bargaining unit members and non-unit employees, the [DLR] has held that the work in question will not be recognized as exclusively bargaining unit work. Higher Educ. Coordinating Council, 23 MLC 90, 92 (1996).

City of Gardner, Commonwealth of Massachusetts, 27 MLC 10 MLC 1, 5 (2000). 1218, 1223 (1983); Therefore, to determine Taylor's eligibility for back pay pursuant to Count Il, | must consider whether Taylor sustained an economic loss, as a direct result of the Universitys failure to advise her of her Weingarten rights at an investigatory interview, which Taylor reasonably could have believed might lead to discipline.

City of Gardner, Commonwealth of of Massachusetts, Taylors eligibility for back 27 MLC 1, pay pursuant to Count 5 10 MLC (2000). unilateral 1218, 1223 (1983); Therefore, to determine Il, | must consider whether Taylor sustained an economic loss, as a direct result of the Universitys failure to advise her of her Weingarten rights at an investigatory interview, which Taylor reasonably could have believed might lead to discipline.

Kriedlers service in public administration began after college as an assistant to the Mayor of the City of Gardner. After five and half years in Gardner, he moved to the Town of Ayer serving as Town Administrator for five and half years until he became the Town Manager in Winchendon. (Testimony of Kreidler) 10.