Rubin & Rudman 53 State Street, 15th Floor Boston, MA 02109 Re: SUP-21-8576, Board of Higher Education and Mass. State College Education Dear Mr. Dunn and Mr. Cox: The Massachusetts State College Association/Massachusetts Teachers Association (Union) appeals from the partial dismissal of the prohibited practice charge that it filed against the Board of Higher Education (Employer).
See City ofBoston, 21 MLC 1154, 1161 (1994). The analysis evaluates how a reasonable employee would perceive the employers conduct, and objective standard, and does not delve into what actual response was made. See id. Conduct that interferes with free exercise of protected activity is often said to have a chilling effect.
Cox, BBO# 633699 RUBIN AND RUDMAN LLP 53 State Street Boston, MA 02109 TEL: (617)330-7000 jcox@rubinrudman.com Dated: February 4, 2022 3053663_1 CERTIFICATE OF SERVICE I hereby certify that a true copy of the Answer of Respondent was served upon Complainants attorney of record, Ryan Dunn, Esq., 2 Heritage Drive, Quincy, MA 02171, by electronic mail on this 4th day of February 2022. ___________________________________ James B. Cox 3053663_1
Cox, BBO# 633699 RUBIN AND RUDMAN LLP 53 State Street Boston, MA 02109 TEL: (617)330-7000 jcox@rubinrudman.com 3053663_1 CERTIFICATE OF SERVICE I hereby certify that a true copy of the Answer of Respondent was served upon Complainants attorney of record, Ryan Dunn, Esq., 2 Heritage Drive, Quincy, MA 02171, by electronic mail on this 4th day of February 2022. ___________________________________ James B. Cox 3053663_1
Fax Number Rubin and Rudman LLP 53 State Street, Boston, MA 02109 6. | Employee Organization (if any): 7. Representative to contact 9. Telephone Number Massachusetts State College Association/MTA/N]| Ryan Dunn, MA Teachers Assoc | 617.878.8280 8. Address (street and No., city/town, state, and ZIP code) 10. Fax Number 2 Heritage Dr. Suite 800 Quincy, MA 02171 11. This charge is filed against (check one) 12.
Address (street and No., city/town, state, and ZIP code) Rubin and Rudman LLP 53 State Street, Boston, MA 02109 6. Employee Organization (if any): 7. Representative to contact 5. Fax Number 9. Telephone Number Massachusetts State College Association/MTA/N]] Ryan Dunn, MA Teachers Assoc | 617.878.8280 8. Address (street and No., city/town, state, and ZIP code) 10. Fax Number 2 Heritage Dr. Suite 800 Quincy, MA 02171 11.
See City ofBoston, 1 MLC 1228, 1229 (1974). This policy parallels the NLRB deferral policy set forth in Collyer Insulated Wire, 192 NLRB 837 (1971). In essence, the Cohasset rule states that, if a dispute may be resolved under the contractual grievance procedure, it should be deferred, with the Commission retaining jurisdiction to review the arbitrators award or monitor further progress of the parties toward the resolutions of the dispute.
Complaint of Prohibited Practice Interim Procedure for Scheduling of the Hearing Standing Order 2009-1 P:\TM Documents\Merge Templates\TM NOTICE OF COMPLAINT AND HEARING.doc COMMONWEALTH DEPARTMENT OF MASSACHUSETTS OF LABOR RELATIONS 19 STANIFORD STREET, 1" FLOOR BOSTON, MA 02114 PROCEDURE FOR SCHEDULING OF THE HEARING Case No.: MUP-13-3289 Charging Party: SEIU, Local 888 Respondent: Winchester, Town of Date Filed: 11/21/2013 The parties are directed
Donoghue (BBO No. 130140) MORGAN, BROWN & JOY, LLP 200 State Street Boston, MA 02109 617-523-6666 Idonoghue@morganbrown.com Dated: July 10, 2014 CERTIFICATE OF SERVICE | certify that | served a copy of the foregoing document by electronic mail and first-class U.S. mail upon John Magner, Esq., SEIU Local 888, 52 Roland Street, Charlestown, MA 02129; imagner@seiu888.org this 10" day of July, 2014. aurence J. Donoghue
Donoghue (BBO No. 130140) MORGAN, BROWN 200 State Street Boston, MA & JOY, LLP 02109 617-523-6666 Idonoghue@morganbrown.com Dated: July 10, 2014 CERTIFICATE OF SERVICE | certify that | served a copy of the foregoing document by electronic mail and first-class U.S. mail upon John Magner, Esq., SEIU Local 888, 52 Roland Street, Charlestown, MA 02129; imagner@seiu888.org this 10" day of July, 2014. = aurence J. Donoghue
Donoghue (BBO No. 130140) MORGAN, BROWN & JOY, LLP 200 State Street Boston, MA 02109 617-523-6666 ldonoghue@morganbrown.com Dated: May 19,2015 CERTIFICATE OF SERVICE I certify that I served a copy ofthe foregoing document by electronic mail and first-class U.S. mail upon John Magner, Esq., SEIU Local 888, 52 Roland Street, Charlestown, MA 02129; jmagner@seiu888.org this 19th day of May, 2015. I .~ -<~ ..?;:::: ~aurence J. Donoghue 6
See City ofBoston, 31 MLC 25, 31 (2004). The charging party bears the burden of demonstrating that the employer (1) has changed an existing practice or instituted a new one; (2) the change affected a subject that was a mandatory subject of bargaining, and (3) the employer implemented the change without prior notice or an opportunity to bargain. See id.
Rubin & Rudman 53 State Street, 15th Floor Boston, MA 02109 Re: SUP-20-8315, Board of Higher Education and Mass. State College Association Dear Ms. Houle and Mr. Cox: The Massachusetts State College Association (MSCA or Union) seeks review of a Department of Labor Relations (DLR) Investigators dismissal of the above-referenced charge of prohibited practice.
Fax Number Rubin and Rudman LLP 53 State Street, Boston, MA 02109 6. Employee Organization (if any): Massachusetts State College Association 8. 7. Representative to contact 9. Telephone Number Laurie Houle (617) 878-8289 Address (street and No., city/town, state, and ZIP code) 2 Heritage Dr. Suite 800 Quincy, MA 02171 11. 10. Fax Number (617) 570-4982 This charge is filed against (check one) 12.
Rubin & Rudman 53 State Street, 15th Floor Boston, MA 02109 RE: SUP-20-8315, Board of Higher Education Dear Attorneys Houle and Cox: On November 13, 2020, the Massachusetts State College Association, MTA/NEA (MSCA) filed a charge with the Department of Labor Relations (DLR), alleging that the Board of Higher Education (Board or Employer) had violated Section 10(a)(5) and, derivatively, Section 10(a)(1) of Massachusetts General Laws, Chapter 150E (
Boston Public Schoofi - wee +7 .e: ~ ,. ot a cn of te ran gt, 4 \ Office of Human Reso: Facsimile and First-Class Mail Edward Srednicki, Executive Secretary Division of Labor Relations 19 Staniford Street Boston, MA 02114 Re: MUP-11-1191 Dear My. Srednicki: Enclosed herein please find: e e Motion to Enlarge; and Answer to the Complaint Thank you for your assistance. yon nia Casey Goscinak Enclosures ce. James W.
Respectfully submitted, BOSTON SCHOOL COMMITTEE By its attorney, Virginia Casey Goscinak Office of Labor Relations 26 Court Street Boston, MA 02108 Tel: (617) 635-9325 CERTIFICATE OF SERVICE |, Virginia Casey Goscinak, certify that | gave notice of the document herein to the following by first-class mail this_Y)ef January 2012 to: James W.
Lae lheritee j * COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS 19 STANIFORD STREET, 1 FLOOR BOSTON, MA 02114 INTERIM PROCEDURE FOR SCHEDULING OF THE HEARING Case No.: MUP-11-1191 Charging Party: James W. Kelley Respondent: Boston School Committee Date Filed: 09/01/2011 The parties are directed to confer as soon as possible in order to schedule the Hearing in the above-referenced case.
FACTS The City ofBostons Public School Department (governed by the Boston School Committee) consists of many departments, including the Facilities Department that oversees the cleaning and maintenance of school department buildings and grounds. See DLR Hearing, Day 2. The person in charge of the Facilities Department is the Director, who is assisted by Assistant Directors.
The City ofBoston is a public employer within the meaning of Section 1 of the Law. 2. The School Committee is the Citys representative for the purpose of collective bargaining and dealing with its school employees. 3. The International Union of Painters and Allied Trades, District Council No. 3, Local 1952 (Union) is an employee meaning of Section | of the Law. organization within the 4.
Our finding will be forwarded to its Area Office, JFK Federal Building, Boston, MA 02203. 5 Wood attested that the 2009 Position knowledge, information and belief. 19 Statement was true to the best of his | MUP-11-1191 WD = H.O.
Our finding will be forwarded 50 Wood attested to its Area that the Office, JFK 2009 Federal Position knowledge, information and belief. 19 Building, Statement was Boston, MA 02203. true to the best of his & OD = H.O.
Our finding will be forwarded to its Area Office, JFK Federal Building, Boston, MA 02203. The MCAD finding will be given substantial weight by the EEOC provided that such finding [is] in accordance with the requirements of Title VII of the Civil Rights Acts of 1964, the Age Discrimination in Employment Act of 1967, and/or The Americans with Disabilities Act of 1990.
BAKER 1s" FLoor, BosToN, MA 02114 PHONE: (617) 626-7132 GOVERNOR FAX: (617) 626-7157 KARYN E. POLITO efile.dir@state.ma.us LIEUTENANT GOVERNOR www.mass.gov/dir CONMon NEATH MPLOYMENT RELATIONS BOARD inant ELIZABETH NEUMEIER BOARD MEMBER KATHERINE G. LEV BOARD MEMBER May 5, 2016 VIA EMAIL Sheila McCarthy, Esq.
ARTICLE 13 - MEDICAL EXAMINATIONS The Commission may require an employee who seeks to return to work after an extended leave of absence for sickness or other cause to be examined by the Medical Advisor to the City ofBostons Workers Compensation Agent prior to the employees reinstatement to active service.
Labor Relations to bargain as well before as working City ofBoston, 16 MLC 1429, 1694, 1697 (1983)). To establish a | H.O. Decision (cont'd) MUP-05-4385. unilateral change violation, the charging party must show that: 1) the employer altered an existing practice or instituted a new one; 2) the change affected a mandatory subject of bargaining; and 3) the change was established without prior notice or an opportunity to bargain.
See City ofBoston, 9 MLC 1600, 1603 (1983) (where district commanders had regularly and routinely granted union officers compensation for performing union business on days off... with no complaints or contrary instructions from above, [the] City could not change that practice without first bargaining with Union).
City ofBoston, 20 MLC 1603, 1607, MUP-7976 (May 20, 18 1994); Commonwealth of Massachusetts, 20 MLC 1545, 1552, SUP-3460 (May 13, 19 1994). 20 Binding Past Practice 21 I first consider whether the City altered an existing practice or instituted a new one. 22 In determining whether a biding past practice exists, the Commonwealth Employment 23 Relations Board (CERB) analyzes the combination of facts upon which the alleged 11 H.O.
Telephone Number Joseph DeLorey 617-367-6035 Address (street and No., city/town, state, and ZIP code) 8 Beacon Street, Boston, MA 02108 10. Fax Number 617-742-7666 11. This charge is filed against (check one) 12.
City ofBoston, 32 MLC 1, MUP- 1687 (June 23, 2005) (citing Higher Education Coordinating Council, 23 MLC 266, 268, SUP-4142 (June 6, 1997)). The employee organization's information is derived from the statutory obligation to engage right to receive relevant in good faith collective bargaining, including both grievance processing and contract administration. Id.
KOPELMAN AND Boston, MA 02110 Attorneys at Law T: 617.556.0007 F: 617.654.1735 www.k-plaw.com August 7, 2013 David C. Jenkins djenkins@k-plaw.com DLR QUGL2'12 AN Mr. Edward Srednicki Executive Secretary Commonwealth of Massachusetts Division of Labor Relations 19 Staniford Street Boston, MA Re: 02114 Town of Plymouth and Plymouth Police Brotherhood Case No. MUP-13-2833 Dear Mr.
Name Address (street and no., city/town, state, and ZIP code) {Telephone Number David Jenkins, Esq. 101 Arch St., 12th Floor, Boston, MA 617-556-0007 02110 Method of Service [ In hand First Class Mail [| Other (specify): ing Certification _ anaty raging Certification) / fw Lt Lg. Cam Signature of Person Vn id phone Number Telephone Numbe 508-992.1260 a The Division does not discriminate on the basis of disability in access to its services.
Complaint of Prohibited Practice Interim Procedure for Scheduling of the Hearing Standing Order 2009-1 P:\TM Documents\Merge Templates\TM NOTICE OF COMPLAINT AND HEARING.doc COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS 19 STANIFORD STREET, 1" FLOOR BOSTON, MA 02114 PROCEDURE FOR SCHEDULING OF THE HEARING Case No.: MUP-13-2833 & MUP-13-3114 Charging Party: Plymouth Police Brotherhood Respondent: Plymouth, Town of Date Filed: 09/11/2013
Complaint of Prohibited Practice Interim Procedure for Scheduling of the Expedited Hearing P:\TM Documents\Merge Templates\TM NOTICE LEVEL 1 OF COMPLAINT HEARING.doc Lreclibee COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS 19 STANIFORD STREET, 1" FLOOR BOSTON, MA 02114 PROCEDURE FOR SCHEDULING OF THE EXPEDITED HEARING Case No.: MUP-13-2833 Charging Party: Plymouth Police Brotherhood Respondent: Plymouth, Town of Date Filed: 05/17/2013
On July 10, 1991, the Legislature transferred control of the institution from the former City ofBoston Penal Institutions Department to the Sheriff. With that transfer came a responsibility to ensure that all House of Correction employees were not only qualified to meet the high standards of their new employer, but were also trained and ready to effectuate the transfer of over 800 inmates to the new prison no later than January 1, 1992.
Suffolk County Sheriffs Department Jail 200 Nashua Street Boston, MA 02114 (617) 635-1100 STEVEN W. TOMPKINS House of Correction 20 Bradston Street Boston, MA 02118 (617) 635-1000 SHERIFF April 4, 2014 Kendrah Davis, Hearing Officer Commonwealth of Massachusetts Department of Labor Relations 19 Staniford Street Boston, MA 02114 Re: AFSCME, Council 93, Local 3967 v. Suffolk County Sheriff SUP-12-2354 Dear Ms.
See also City ofBoston, 16 MLC 1429, 1434 (1989), that change applies to working conditions established through custom and practice. Also noteworthy is Town of Natick, MUP-1058, 23 MLRR 28, 23 MLC 123, a dispute that likewise began with a Memo. In that Memo personnel were told that they could only swap shifts with individuals of comparable training and certification. This limitation on swapping shifts was not bargained.
Address (street and No.,city/town, state, and ZIP code) 200 Nashua Street, Boston MA 02114 7. Representative to contract 6. Employee Organization (if any) AFSCME Council 93, Local 3967 Joseph DeLorey, General Counsel 8. Address (street and No.,city/town, state, and ZIP code) 8 Beacon Street, Boston, MA 02108 11. 5. Fax Number 617-704-6692 9. Telephone Number 617-367-6024 10.
Fax Number 200 Nashua Street, Boston MA 02114 6. Employee Organization (if any) 7. Representative to contract 617-704-6692 9. Telephone Number AFSCME Council 93, Local 3967 Joseph DeLorey, General Counsel 617-367-6024 8. Address (street and No.,city/town, state, and ZIP code) 8 Beacon Street, Boston, MA 02108 11. 10.
Suffolk County Sheriffs Department Jail 200 Nashua Street House of Correction 20 Bradston Street Boston, Boston, MA 02114 (617) 635-1100 STEVEN W. TOMPKINS MA 02118 (617) 635-1000 SHERIFF May 15, 2013 Edward B.
Suffolk County Sheriffs Department Jail 200 Nashua Street Boston, MA 02114 STEVEN W. TOMPKINS a SHERIFF House of Correction 20 Bradston Street Boston, MA 02118 laa tolnresast000 May 2, 2014 Kendrah Davis, Hearing Officer Commonwealth of Massachusetts Department of Labor Relations 19 Staniford Street Boston, MA 02114 Re: AFSCME, Council 93, Local 3967 v. Suffolk County Sheriff SUP-12-2354 Dear Ms.
Hurley Building 19 Staniford Street, 1 Floor Karla Mitchell Recording Secretary Boston, MA Gerry Mills Tre rer RE: 02114 Suffolk County Sheriff - Local 3967 SUP-12-2354 AFSCME# 2012-431 Paul Faria Sgt. at Arms Dear Director Crystal: Please be advised that AFSCME the above-entitled case as settled.
Complaint of Prohibited Practice Interim Procedure for Scheduling of the Hearing Standing Order 2009-1 P:\TM Documents\Merge Templates\TM NOTICE OF COMPLAINT AND HEARING.doc COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS 19 STANIFORD STREET, 18 FLOOR BOSTON, MA 02114 PROCEDURE FOR SCHEDULING OF THE HEARING Case No.: SUP-12-2354 Charging Party: AFSCME, Respondent: Suffolk County Sheriff Date Filed: 10/18/2012 Council 93, AFL-CIO The parties
Boston Police Department One Schroeder Plaza Boston, MA 02021 Dear Attorney Taub: I have received the petition of Patrick Bryant appealing the nonresponse ofthe City ofBoston - Police Department (Department) to requests for public records. G. L. c. 66 1O(b); see also 950 C.M.R. 32.08(2). Specifically, in two (2) separate requests dated April27, 2016, Mr.