UPL-11-1025 Background In 2010, pursuant to the Transportation Reform Act, Chapter 25 of the Acts of 2009, the ownership of the Tobin Bridge (Tobin) was transferred from the Massachusetts PortAuthority (Massport) to the Massachusetts Department of Transportation (MassDOT).
See /n the matter of Massachusetts PortAuthority, UP-04-2669 (6/30/09), affd sub nom. Massachusetts Port Authority v. Commonwealth Employment Relations Board, 78 Mass. App. Ct. 1122 (2011). City Responds to Unions September 28 Letter The City did not bargain with the Union as requested in the September 28 Letter. WN NN ow om oO wk mr or NO DO a mm AARWND AWNH OCOOAN - OAOANADNAA In addition, presuming that Dr.
The facts of this case are very similar to those in Massachusetts PortAuthority, UP-04-2669 (2009), affd sub nom Massachusetts Port Authority v. Commonwealth Employment Relations Board, 78 Mass.App.Ct. 1122 (2011).
Specifically, the Union requests negotiations over the following: 12 In the final paragraph of this letter, the Union cited Massachusetts PortAuthority 13 (MassPort). 36 MLC 5, UP-04-2669 (June 30, 2009) affd sub nom. Massachusetts Port 14 Authority v. CERB, 78 Mass. App.
DLRX 2, at 24 and 25.3 See Massachusetts PortAuthority, 36 MLC 5 (2009) (DLR discussed criteria and procedure for fitness-for-duty evaluations.). In this case, the City disputes that the criteria and procedure for fitness for duty evaluations (as opposed to the decision) are mandatory subjects of bargaining, for all the reasons articulated in the Citys response to Count IV of the Complaint of Prohibited Practice, below.
See In the matter of Massachusetts PortAuthority, UP-04-2669 (6/30/09), aff'd sub nom. Mas.sachusetts Port Authority v. Commonwealth Employment Relations Board, 78 Mass. App. Ct. 1122 (2011).
Town of Andover, 28 MLC at 268 (citing Commonwealth of Massachusetts, 27 MLC 70, 72 (2000); City of Boston, 26 MLC 177, 181 (2000); Massachusetts PortAuthority, 26 MLC 100, 101 (2000). Here, the Union cannot establish that the Town changed an existing practice or instituted a new one.
Town of Andover, 28 MLC at 268 (citing Commonwealth of Massachusetts, 27 MLC 70, 72 (2000); City of Boston, 26 MLC 177, 181 (2000); Massachusetts PortAuthority, 26 MLC 100, 101 (2000). Here, the Union cannot establish that the Town changed an existing practice or instituted anew one.
Town of Andover, 28 MLC at 268 (citing Commonwealth of Massachusetts, 27 MLC 70, 72 (2000); City of Boston, 26 MLC Massachusetts PortAuthority, 26 MLC 177, 181 (2000); 100, 101 (2000). Here, the Union cannot establish that the Town changed an existing practice or instituted anew one.
Massachusetts PortAuthority 26 MLC 100, 101 (2000) citing Melrose School Committee 9 MLC 1713, 1726 (1983). The Respondent and the Union are parties to a collective bargaining agreement which states, in pertinent part: Article 2. Managerial Rights / Productivity Section 1.
Massachusetts PortAuthority at 101. Accordingly, the Union 12 did not contractually waive its right to bargain over the change in vacation.18 Conclusion 13 14 Based on the record, including my observation of the demeanor of the witnesses, 15 and for the reasons stated above, I conclude that the Town violated Section 10(a)(5) 16 and, derivatively, Section 10(a)(1) of the Law in the manner alleged in the complaint.
Massachusetts PortAuthority, 36 MLC 5 (2009). A union is considered to have notice of an employers proposal to implement a change when a union executive officer is first made aware of the 18 change. Town of Hudson, 25 MLC 143 (1999).!
S A fait accompli exists v attendant circumstances, it can be said that the employer progressed to a point that a demand to bargain would be | Massachusetts Port Authority, 36 MLC 5 (2009). union with a fait accompli, If an em a union may be excused from demand bargaining over a unilateral change because a fc bargaining would be futile. 1980); see Gloucester School Committee Town of East Bridgewater, 4 MLC 1935 (1978) for not announce a decision at
shall be expended for pedestrian and ADA improvements throughout Framingham o Line item 67202261: $2,000,000 shall be expended for the Bruce Freeman Rail Trail and Chris Walsh Rail Trail in the city of Framingham o Line item 67202261: $1,000,000 shall be expended for the Metrowest Regional Transit Authority for expanded Sunday service, including but not limited to service to MCIFramingham o Line item 67202261: $1,000,000 shall be expended for the Massachusetts
th of Massachusetts, 27 MLC 177, 181 (2000); Massachusetts PortAuthority, 26 MLC 70, 72 (2000): City of Boston 26 MLC 100, 101 (2000). Here, the Unions charge implies that the Department changed working conditions when it allegedly began using State Police Officers, members of a different bargaining unit, to perform the work formerly performed by [EPOs]. The Unions allegation is factually inaccurate.
Town of Andover, 28 MLC at 268 (citing Commonwealth of Massachusetts, 27 MLC 70, 72 (2000); City of Boston, 26 MI.C 177, 181 (2000); Massachusetts PortAuthority, 26 MI.C 100, 101 (2000). Here, the Unions charge implics that the Department changed working conditions when it allegedly began using State Police Officers, members of a different bargaining unit, to perform the work formerly performed by [EPOs]}.