Ct. 926 (1992); Town of Dennis, 28 MLC 297, 301 (2002), New Bedford Housing Authority, 27 MLC 21, 23 (2000); Wakefield Schoo] Committee, 27 MLC 9, 10 (August 16, 2000). 1. Instruction Position Job Duties. PSA was aware in 2013 that the City allegedly transferred certain job duties to AFSCME Instruction position, a non-bargaining unit.

Town of Lenox, 29 MLC 51, MUP-01-3214, 3215 (September 5, 2002) (citing Town of Dennis, 26 MLC 203, MUP-1868 (April 21, 2000)). It is well-established that the six month limitations period begins to run when the party adversely affected receives actual or constructive notice of the conduct alleged to be an unfair labor practice. Id. (citing Wakefield School Committee, 27 MLC 9, 10, MUP-2441 (August 16, 2000)).

Town of Lenox, 29 MLC 51, MUP-01-3214, 01-3215 (September 5, 2002) (citing Town of Dennis, 26 MLC 203, 205 MUP-1868 (April 21, 2000)). It is well-established that the six month limitations period begins to run when the party adversely affected receives actual or constructive notice of the conduct alleged to be an unfair labor practice. Id. (citing Wakefield School Committee, 27 MLC 9, 10, MUP-2441 (August 16, 2000)).

Labor Relations Commn, 386 Mass. 414 (1982); Town of Dennis, 29 MLC 79, 83 (2001).

Town of Lenox, 29 MLC 51, 51 (2002), citing Town of Dennis, 26 MLC 203 (2000). The CERB has interpreted this to mean that the limitations period begins to run when a Charging Party has clear notice of a change regardless of when the change is implemented.

Labor Relations Commn, 417 Mass. 7, 8 (1994); Town of Hull, 39 MLC 27, 29 (2012); Town of Somerville, 38 MLC (2011); Town of Dennis, 28 MLC 297, 301 (2002); Town of Ludlow, 17 MLC 91, 92 1191, 1198 (1990). Moreover, the Department has already held that implementation of a health insurance opt-out program also is a mandatory subject of bargaining. See Mass. Correction Officers Federated Union, 24 MLC 113, 114 (1998) (MCOFU).

Labor Relations Commn, 417 Mass. 7, 8 (1994); Town of Hull, 39 MLC 27, 29 (2012); Town of Somerville, 38 MLC (2011); Town of Dennis, 28 MLC 297, 301 (2002); Town of Ludlow, 17 MLC 91, 92 1191, 1198 (1990). Moreover, the Department has already held that implementation of a health insurance opt-out program also is a mandatory subject of bargaining. See Mass. Correction Officers Federated Union, 24 MLC 113, 114 (1998) (MCOFU).

See Town of Dennis and Dennis Firefighters, Local 2583, LAFF, Case No. MUP2634, April 3, 2002.

Town of Dennis, 28 MLC 297, 303 (2002) (unions failure to bargain over prior changes to terms and costs of health insurance coverage does not forever bar the Union from opposing all future recurrences of that action; noting that prior alleged failure to bargain took place before the Union had notice of the unilateral changes that are at issue here); Everett See Dept of Higher Education, 41 MLC 50, 55-56 (H.O. 2014) (finding waiver of decisional bargaining

Town of Lenox, 29 MLC 51 (2002) (citing Town of Dennis, 26 MLC 203 (2000)). It is well-established that the six month limitations period begins to run when the party adversely affected receives actual or constructive notice of the conduct alleged to be an unfair labor practice. Id. (citing Wakefield School Committee, 27 MLC 9, 10 (2000)).

Ct. 926 (1992); Town of Dennis, 26 MLC 203 (2000). The six-month period of limitations begins to run when the adversely affected party receives actual or constructive notice of the alleged violation. 51, 52 (2002). Town of Lenox, 29 MLC Here, Allen had notice of the alleged violation of improperly negotiating this provision in November 2012.

Town of Dennis, 29 MLC 79, 83 (2002); Town of Athol, 25 MLC 208, 211 (1999); Town of Clinton, 12 MLC 1361, 1365 (1985). Once the Union establishes a prima facie case, if the Employer provides lawful reasons for the alleged discriminatory conduct, the Union must then prove that but for the protected activity, the Employer would not have taken the adverse action. Trustees of Forbes Library, 384 Mass. 559, 565-566 (19871).