Town of Andover, 28 MLC at 268, citing Commonwealth of Massachusetts, 27 MLC 70, 72 (2000); City of Boston, 26 MLC 181 (2000); Massachusetts Port Authority, 26 MLC 177, 100, 101 (2000). However, the Law does not require a public employer to bargain about decisions that fall within its exclusive managerial prerogative, which includes a decision to reduce its workforce. Cityof Worcester v. Labor Rels.

Higgins decided to ask two outside chiefs whom he knew from professional organizations to join him on the interview panel, Robert Donahue from the Massachusetts Port Authority and Frank Giliberti from Medford.

MUP-15-4374 Massachusetts Port Authority, 36 MLC 5, 11-12, UP- 04-2669 (June 30, 2009) affd sub nom. on other grounds, Massachusetts Port Authority v. CERB, 78 Mass. App. Ct. 1122 (unpublished disposition).

Fallon was also concerned that an officers absence 19 could potentially impact public safety if the necessary number of officers were not 1 The Massachusetts Port Authority Fire Department offered the same basic crew member training classes from March 27-31. Fallon selected three different sworn officers to attend that training, which is not at issue in this proceeding. 3 CERB Decision on Appeal of H.O.

In March 2017 the City by way of email notified Somerville Police Department sworn personnel, consisting of both members and non-unit members of the SPEA, of the opportunity to volunteer to attend maritime trainings offered by the Massachusetts Port Authority Fire Department and the Boston Police Department. 4.

In March 2017, the City by way of email, notified Somerville Police Department sworn personnel, consisting of both members and non-unit members of the SPEA, of the opportunity to volunteer to attend maritime trainings offered by the Massachusetts Port Authority Fire Department and the Boston Police Department. DLR Exh. 4 at 3. 4.

Law Enforcement Agency is defined in Chapter 6E as: (i) a state, county, municipal or district law enforcement agency, including, but not limited to: a city, town or district police department, the office of environmental law enforcement, the University of Massachusetts police department, the department of the state police, the Massachusetts Port Authority police department, also known as the Port of Boston Authority police department, and the Massachusetts

Town of Southborough, 21 MLC 1242, 1249, MUP8521(August 29, 1994); Massachusetts Port Authority, 35 MLC 61, 63, UP-06-2686 (June 18, 2008). In this case, Ruskin was acting as an individual on her own behalf when she requested to work remotely. Therefore, I do not find that Ruskin was engaged in concerted activity.

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.

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.

Massachusetts Port Authority, 35 MLC 61 (2008); Town of Southborough, 21 MLC 1242 (1994). In the instant matter, Vazquez has not produced any compelling evidence that she was acting on behalf of, or in concert with, other employees. Conversely, this case is solely about Vazquezs concerns regarding the conditions in her classroom.

Massachusetts Port Authority, 36 MLC (2009); City of Boston, 3 MLC 1450 (1977), City of Newton, 35, MLC 142 (2008). CONCLUSION For the reasons set forth above, it is requested that the Division of Labor Relations either dismiss the charges outright either on timeliness or on the merits, make a determination that further proceedings would not effectuate the purposes of this chapter and accordingly dismiss the charges.

Town of Andover, 28 MLC at 268 (citing Commonwealth of Massachusetts, 27 MLC 70, 72 (2000); City of Boston, 26 MLC Massachusetts Port Authority, 26 MLC 177, 181 (2000); 100, 101 (2000).