Ct. 9 (1991); Boston Housing Authority., 11 MLC 1195 n.11 (1984); and City of Quincy, 15 MLC 1340, 1368 (1989). 1189, Accordingly, these claims should be dismissed outright, as Ms. Aung can plead no set of facts as an individual to establish that the Respondent violated these provisions of the Law.

(Practice Areas\LABOR\12915\12050\A4222919.DOC} 3 City of Quincy, 17 MLC 1603 (1991); Massachusetts Board of Regents of Higher Education, 10 MLC 1196 (1983). Ifthe parties have different, good faith beliefs as to the meaning of a provision, no repudiation has occurred. Commonwealth of Massachusetts, 18 MLC (1991); Boston Water & Sewer Commission, 15 MLC 1161 1319 (1989). The facts in this case are plain.

{Practice Arcas\LABORN291 S\2050\A4222919.D0C) 3 City of Quincy, 17 MLC 1603 (1991); Massachusetts Board of Regents of Higher Education, 10 MLC 1196 (1983). Ifthe parties have different, good faith beliefs as to the meaning of a provision,no repudiation has occurred. Commonwealth of Massachusetts, 18 MLC 1161 (1991); Boston Water & Sewer Commission, 15 MLC 1319 (1989). The facts in this case are plain.

Boston School Committee, 22 MLC 1365, 1375, MUP-8125 (January 9, 1996); City of Quincy, 17 MLC 1603, 1608, MUP-6710 (March 20, 1991). If the evidence is insufficient to find an agreement underlying the matter in dispute, or if the parties hold differing good faith interpretations of the terms of the agreement, the Commonwealth Employment Relations Board (Board) will not find a repudiation.

See, e.g., Commonwealth of Massachusetts, 18 MLC 1161, 1163 (1991), citing City of Quincy, 17 MLC 1603, 1608 (1991); Massachusetts Board of Regents of Higher Education, 10 MLC 1196 (1983). Ifthe evidence is insufficient to find an agreement underlying the matter in dispute, or if the parties hold differing good faith interpretations of the provision at issue, DLR will find no violation.

Boston School Committee, 22 MLC 1365, 1375, MUP-8125 (January 9, 1996); City of Quincy, 17 MLC 1603, 1608, MUP-6710 (March 20, 1991). If the evidence is insufficient to find an agreement underlying the matter in dispute, or if the parties hold differing good faith interpretations of the terms of the agreement, the Commonwealth Employment Relations Board (Board) will not find a repudiation.

CAS-10-3756, slip op. at 12, citing City of Quincy, 10 MLC 1027, 1033 (1983). If a question of representation existed, under the Law, the Town under would incumbent absolutely representative, be an however, obligation to refrain from bargaining with an an employer filing of a unit clarification petition, cannot, on its face, excuse an employer from its staturory oblication to bargain.

Fax Number 159 Burgin Pkwy, Quincy, MA 02169 22. The Charging Party is an: 617 376 6035 Individual Employee Organization Employer DECLARATION I have read the above charge of prohibited practice and swear under the pains and penalties of perjury that the information contained in it is true and complete to the best of my knowledge and belief.

Commonwealth of Massachusetts, 26 21 MLC 165, 168, SUP-3972 (March 13, 2000) (citing, City of Quincy, 17 MLC 1603, MUP- 46 H.O. Decision (contd) SUP-20-7856 and SUP-20-7945 1 6710 (March 20, 1991); Massachusetts Board of Regents of Higher Education, 10 MLC 2 1196, SUP-2673 (Sept. 8, 1983)).

OBrien National Association of Government Employees 159 Burgin Parkway Quincy, MA 02169 (617) 376-0220 69 Day 4: pp. 45-46. 70 Day 4: p. 79 71 Day 5: p. 30, ln. 11-13. Page 20

Further, the time he claims to have been out of the building is questionable since he had to travel more than a few minutes to the gas station which is in the City of Quincy. In addition, had Mr. Ritchie seen him by the door in the basement, the confrontation would have occurred there, not in the upstairs hall. As is discussed below, Mr.

Boston School Committee, 22 MLC 1365, 1375, MUP-8125 (January 9, 1996); City of Quincy, 17 MLC 1603, 1608, MUP-6710 (March 20, 1991). Although, if the parties hold differing good faith interpretations of the terms of the agreement, the Commonwealth Employment Relations Board (Board) will not find a repudiation because the parties did not achieve a meeting of the minds.

Commonwealth of Massachusetts, 26 MLC 165, 168, SUP-3972 (March 13, 2000) (citing City of Quincy, 17 MLC 1603, MUP-6710 (March 20, 1991), Massachusetts Board of Regents of Higher Education, 10 MLC 1196, SUP-2673 (September 8, 1983)). A public employers deliberate refusal to abide by an unambiguous collectively bargained agreement constitutes a repudiation of that agreement in violation of the Law.

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