THE SETTLEMENT AGREEMENT HAS NO RELATION TO THE RIGHT OF ASSIGNMENT OR ANY OTHER NON-DELEGABLE RIGHTS . 25 ARGUMENT . . . A, The 2005 Settlement Agreement Establishes That Certain Work Belongs to the Federations' Bargaining 26 Unit B. The 2005 Settlement Agreement Does Not Relate to the Level of Services Offered By the City . 30 C. The 2005 Settlement Agreement Does Not Relate to ths Deployment of Police Of . 33 IV.
Since the settlement agreement does not involve any work ever performed by a SENA bargaining unit member, the Citys arguments regarding SENA are irrelevant. Second, as to the Detectives, there has been no finding by the Hearing Officer that the work at issue in this case is the exclusive work of the Detectives.
The parties resolved the complaint in MUP-04-4191 through a settlement agreement signed on or about July 19, 2005. [Jt. Ex. 21; Jt. Ex. 1.]
Whether discretion the in its CERB the language the of Boston circumstances. arbitrary decision enforced City was of the and 2005 (hereinafter, its and capricious remedy settlement the City) when or it abused strictly agreement against under of all the STATEMENT In this 11 and order of M.G.L. c. the CERB Officers that matter, 30A on Exhibit 1, or into On entered a a from favor about July 19, a settlement settlement page 2005, In alieged the that that
First, she found that the City unlawfully repudiated a July 19, 2005 Settlement Agreement requiring, inter alia, that an held assignment in the Special Police Unit (SPU) that then Sergeant Detective Danie] Linskey from April 17, 2004 to April 12, 2006 (Stipulated Facts J 19), would revert to the Federation upon Linskeys voluntary or involuntary departure from such assignment.
MUP-04-4191 through a settlement agreement signed on or about July 19, 2005. 22. On December 4, 1996, Hearing Officer Susan Atwater determined that the City had violated the BPPAs 150E rights by expanding the jurisdiction of the Boston Municipal Police to include Bostons public housing developments through the MOU. Boston v. BPPA, [23 MLC 133] (1996).
. - Representing the Boston Police Superior Officers Federation DECISION ON APPEAL OF HEARING OFFICER DECISION On September 12, 2011, a duly-designated (Department) hearing officer issued a decision in this matter.' that the City of Boston (City) repudiated of Labor Department Relations The hearing officer held a settlement agreement (2005 Agreement) between the City and the Boston Police Superior Officers Federation (Union) but did not unlawfully
After the parties executed the April 29, 2003 settlement agreement, Doe secured new employment in slightly less than one and ono-half years.
Through a settlement And you can tell me agreement. how that settlement agreement about? GILLESPIE: which City 2010 was GILLESPIE: came v Yes. And POOLE: 20, Federation Yes. OK. POOLE: July Thats GILLESPIE: POOLE: Officers It took is an into bargained all-encompassing account back and a forth settlement agreement cases were number of with City the and that the Commissioner.
While paragraph 2 of the settlement agreement in MUP-04-4191 refers to the assignment of Commander, Special Police Division, the Federations written submission in this matter refers to a second-in-command assignment. See Unions Written Submission, paragraphs 5, 6, 7, 8, and 13. According to the ordinary meaning of the terms, the second-in-command is not the commander. 14.
. | | i I The City Hall Security Assignment Was Never_a Captains Position and the Work Did not Belong to the Federation Exclusively Prior to the 2005 Settlement Agreement, The Linskey underlying case concerned the assignment to City Hall Security from April of Sergeant 17, 2004 to April Detective 12, 2006.
Commonwealth Relations Employment Board, Motion for Now Board it Leave comes (Board) leave brief to in the therefor, the question of The No. to File a Brief a of the Court Law in the Commonwealth and moves file a Lieu of this Honorable memorandum Board is of subject of the by the 30, 2012 Board affirmation Labor Relations (DLR) Hearing held that the settlement and the City agreement Boston of Boston (2005 Police violation of a Officer Superior of
STATEMENT OF THE CASE On May 24, 2006, the Union filed a charge of prohibited practice with the former Labor Relations Commission, now known as the Department of Labor Relations (DLR), alleging that the City had violated Section 10(a)(5) and, derivatively, Section 10(a)(1) of the Law by repudiating the terms of a settlement agreement dated July 19, 2005 (2005 Agreement) and by transferring bargaining unit work to non-bargaining unit personnel.
. - Representing the Boston Police Superior ' Officers' Federation Qt$, jjalipilEPPSF H arr 1 m_ .rt DEQIsION On September 12, 2011, a duly-designated Department of Labor Relations 2 (Department) hearing officer issued a decision In this motter. 1 The hearing officer held 3 that the Cy of Boston (City) repudiated a settlement agreement (2005 Agreement) . 4 between the City and the Boston Police Superior Offloers' Federation (Union) but did 5 not unlawfully