In addition, the Charging Party pointed to Massachusetts Port Authority to demonstrate that the CERB had 4 As previously mentioned, the Charging Party was accompanied by a DEP colleague, who stated that he had refused to convert his contract 03 position upon learning of the MOA in September 2017 and has nonetheless remained employed by the DEP as of the date of the in-person investigation. 5 Although the Commonwealth has requested that this allegation

Jd., citing Massachusetts Port Authority, (1979). 5 MLC 1844, 1851 Here, the Respondent and MOSES indicated their mutual intent when they executed the MOA recognizing the Charging Partys position as a Unit 9 position. Nothing in the three-factor test, the University of Massachusetts decision, or the Law itself suggests that an employer and an employee organization would be barred from manifesting their mutual agreement as has been done here.

Massachusetts Port Authority, 5 MLC 1844 (1979). A review of the CERB considers a handful of position in the same accretion petition. approximately cases indicates that CERB The petition at issue could impact 170 positions, of varying classification, classification levels and who work for many different agencies of the Commonwealth.

Massachusetts Port Authority, 36 MLC (1977), City of Newton, 35, MLC 142 (2008). (2009); City of Boston, 3 MLC 1450 The law is clear that conditions imposed upon applicants for a job, or conditions of hire are not subject to a bargaining obligation, because mere applicants for hire, who have had no prior employment within the bargaining unit in question, are not employees in the unit... within the meaning of Section 5 of the Law, which defines the

Pursuant to Chapter 760 of the Acts of 1962, certain specified provisions of M.G.L. c. 150A apply to the Massachusetts Turnpike Authority, Massachusetts Port Authority, Massachusetts Parking Authority, and Woods Hole, Marthas Vineyard and Nantucket Steamship Authority (Steamship Authority). 2 The CERBs jurisdictionis not contested. 2 (Sept. 29, 1993) (CPCS SCR-2212 Massachusetts and Justice WMAP-15-4647 | CERB Decision Defenders (March 9, 1979) (MCAJ

The parties have been engaged in mid-term negotiations about certain issues related to Troop F, which is responsible for policing Massachusetts Port Authority properties. One issue concerns requiring employees on the Primary Detail List and Secondary Detail List for Troop F to obtain Security Identification Display Area (?SIDA?) badges. Another issue concerns creating a Secondary Overtime List for Troop F.

Troop F provides police services to the Massachusetts Port Authority (MPA) at various locations including Logan | Airport. (IX-5) At Logan, State Police details are referred to as inside or outside details.

In a March 20, 2017 email, Deputy Chief Paul Trant (Trant) gave members of the bargaining unit referred to in paragraph 3 the opportunity to volunteer to attend maritime trainings offered by the Massachusetts Port Authority Fire Department and the Boston Police Department on March 27-31, 2017 and April 3-7 2010, respectively, and stated that the City would send two volunteers to each course.

The Association is an Section 1 of the Law. employee organization within the The Association is the exclusive bargaining representative Department employees classified as patrol officers. meaning of for Police In a March 20, 2017, email, Deputy Chief Paul Trant (Trant) gave members of the bargaining unit referred to in paragraph 3 the opportunity to volunteer to attend maritime trainings offered by the Massachusetts Port Authority Fire Department

On November 7, 2019, the DLR held an evidentiary hearing in this matter before Hearing Officer James Sunkenberg. 2 Paragraph 4 of the Complaint states as follows: In a March 20, 2017, email, Deputy Chief Paul Trant (Trant) gave members of the bargaining unit referred to in paragraph 3 the opportunity to volunteer to attend maritime trainings offered by the Massachusetts Port Authority Fire Department and the Boston Police Department on March 27-31

Massachusetts Port Authority, 36 MLC at 12; Town of Mansfield, 25 MLC 14, 15 (1998). If the language clearly, unequivocally and specifically permits the employer to make the change, no further inquiry is necessary. 18 City of Worcester, 19 of a waiver. 16 MLC School Massachusetts 1327, 1333 (1989). Committee of Newton 11 Port Authority, 36 MLC at 12; A zipper clause may support a finding vs. Labor Relations Comm'n, 388 Mass.

Massachusetts Port Authority, 36 MLC 5, 12, UP-042699 (June 30, 2009); City of Worcester, 16 MLC 1327, 1333, MUP-6810 (October 19, 1989). Here, Article 18.4 of the parties CBA provides that, The Safety Committee for Local 866, as appointed by the President, will be involved in researching the purchase of new and appropriate turn out gear. The final decision of said purchase, however, shall be made by the Chief.

Massachusetts Port Authority 2. Representative to contact 4. Telephone Number David Gambone 617-568-3178 5. Fax Number Address (street and No., city/town, state, and ZIP code) 3. 617-568-3925 One Harborside Drive East Boston MA 02128 Employee Organization (if any): 6. Boston Local 25 Teamsters 7. Representative to contact 9. Telephone Number Sean O'Brien 617-242-1652 10.

The Union is the exclusive bargaining representative for certain Aviation Officers employed by Massachusetts Port Authority (Massport) at Logan Airport. 4. Prior to June 27, 2012, Emerson was an Aviation Officer and member of the bargaining unit referred to in paragraph 3. 5.

Massachusetts Port Authority, 26 MLC 100, 101 (2000); Woods Hole, Martha's Vineyard and Nantucket Steamship Authority, 12 MLC 1531, 1555 (1986); Commonwealth of Massachusetts, 27 MLC 11, 13 (2001). The duty to bargain extends to both conditions of employment that are established through custom and past practice as well as those conditions of employment that are established through a collective bargaining agreement.