Town of Burlington and another v. McCarthy, 60 Mass. App. Ct. 914, 915 (2004). Disputed facts regarding alleged prior misconduct of an applicant must be considered under the preponderance of the evidence standard of review as set forth in the SJCs recent decision in Boston Police Dept v.

Guilfoyle Address (street and No., city/town, state, and ZIP code) Dwyer and Duddy, 25 Burlington Mall Road, Suite 411, Burlington, MA 01803 4, Telephone Number 617-635-1576 5. Fax Number 617-635-7959 9, Telephone Number 781-359-9777 10. Fax Number 781-272-8692 11. This charge is filed against (check one) 72.

Dwyer and Duddy 25 Burlington Mall Road, Suite 411 Burlington, MA 01803 Lisa Maki, Esq. Boston School Committee 2300 Washington Street Boston, MA 02119 RE: MUP-19-7391 Boston Teachers Union, Local 66 and Boston School Committee Dear Ms. Guilfoyle and Ms. Maki, The Department of Labor Relations (Department) has received, docketed and reviewed the above referenced charge.

Massachusetts The Superior Court Michael Joseph Donovan, Clerk of Court COURT NAME & ADDRESS School Committee of the City of Boston Suffolk County Superior Court - Civil Suffolk County Courthouse, 12th Floor Three Pemberton Square Boston, MA 02108 To the above named defendant(s): AVp ATR, You are hereby summoned and required to serve upon: ' AND e: Avis Christina G Duddy, Esa, COpy SiN S Pp - 479 Dwyer and Duddy A STRESS 25 Burlington Mail Rd ge OPER AVE Burlington

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).

Town of Hull, 39 MLC at 29 (citing City of Somerville, 38 MLC at 91; Town of Burlington, 35 MLC 18, 26 (2008); Pittsburgh Plate Glass, 404 U.S. 157, 180 (1971)). This mandatory subject of bargaining includes the future retirement health benefits of existing bargaining unit members. See id. (citing City of Malden, 23 MLC 181, 184 (1997)).

Somerville 1, 38 MLC at 93, (citing Masconomet Regional School Committee, 36 MLC MLC 119, 120, CAS-08-3725 (February 8, 2010) (citing Town of Burlington, 35 at 26 and Pittsburgh Plate Glass, 404 U.S. 157, 180 (1971)) .See also Town of Hull, 39 MLC 27, 30-31, 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. . . .

Superintendent Burlington Public Schools 123 Cambridge Street Burlington, MA 01803 Dear Superintendent Conti: I have received the petition of Matt Magnarelli appealing the nonresponse of the Burlington Public Schools (School) to a request for public records. G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1). Mr.

Timothy Kirchner Burlington Police Department 45 Center Street Burlington, MA 01803 October 25, 2021 SPR21/2661 Dear Sgt. Kichner: I have received the petition of Keisha Edwards appealing the response of Burlington Police Department (Department) to her request for public records. G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1). On September 23, 2021, Ms. Edward requested numerous records from the Department for the last ten years.

Browne Burlington Police Department 45 Center Street Burlington, MA 01803 Dear Deputy Chief Browne: I have received the petition of Daniel Neal appealing the response of the Burlington Police Department (Department) to a request for public records. G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1). Specifically, on September 1, 2020, Mr.

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 7, 2023 SPR23/2557 Eric Conti Superintendent Burlington Public Schools 123 Cambridge Street Burlington, MA 01803 Dear Superintendent Conti: I have received the petition of Corey Spaulding appealing the nonresponse of the Burlington Public Schools (School) to a request for public records.

Dwyer Dwyer, Duddy and Esposito 25 Burlington Mall Road, Suite 411 Burlington, MA 01803 781-359-9777 AOR KR RRR KOR KR KOR KKK KKK ROKK ROK RR KOK CERTIFICATE OF SERVICE [hereby certify that on May class mail on: Q_ Ne 2013 the attached document was served David C. Jenkins, Esquire Kopelman and Paige, P.C. 101 Arch Street Boston, MA 02110 VN e Matthew E. Dwyer F:\PembrokeFF\Contract2009-2010MUP10-5897\pldgs\ noticeofwithdrawal.docx via first

Town of Burlington v. McCarthy, 60 Mass. App. Ct. 914, 915 (2004). 8 In its recent decision in Boston Police v. Civ. Serv. Commn and Gannon, 483 Mass. 461 (2019), the SJC confirmed that an Appointing Authority must prove, by a preponderance of the evidence, that the Appellant actually engaged in the alleged misconduct used as a reason for bypass.