FACTS Northern Essex Community College is one of fifteen Community Colleges established by M.G.L. c. 15A 5 and has a primary campus in Haverhill, MA. The subject of the instant Charge of Prohibited Practice, Hilmar von Strunck, began his employment at the College in September 2017 as a faculty member in the Department of Behavioral Sciences in the Division of Liberal Arts.
Civil Service Commission & City ofHaverhill, 72 Mass. App. Ct. 535, 538 (2008). This is one of five appeals filed with the Commission in calendar year 2010 in which an individual claims that HRD has misinterpreted Section 59 and the Weinburgh decision and erroneously denied them the opportunity to sit for a public safety promotional examination or, in the alternative, allowed them to sit for the examination, but refused to score it.
Cote was previously employed as an auxiliary police officer for over one (1) year at the City ofHaverhill Police Department, in Haverhill, Massachusetts. (Testimony of Mr. Cote and Exhibit 1) 4. In 2009, Mr. Cote filed a bypass appeal with the Civil Service Commission, asserting that he had been bypassed by the Methuen Police Department for illegitimate reasons. (Testimony of Mr. Cote) 5. After filing his 2009 appeal, Mr.
Commonwealth of Massachusetts, 27 MLC 70, 72 (2000), citing City of Boston, 26 MLC at 181 (1999); City ofHaverhill, 16 MLC 1077, 1079 (1989). Holyoke School Committee, 1443, 1451 (1984); North Andover, 1 MLC 1103, 1106 (1974). 12 MLC Here, the Community Colleges notified the MCCC in November and met in December to bargain the impact of the new MCCC position that it determined to fill in place of a different MCCC position.
Commonwealth of Massachusetts, 27 MLC 70, 72 (2000), citing City of Boston, 26 MLC at 181; (1999); City ofHaverhill, 16 MLC 1077, 1079 Andover, (1989). Holyoke 1 MLC School Committee, 12 MLC 1443, 1451 (1984); North 1103, 1106 (1974) At the outset, the Charge provides incomplete facts, the complete version of which is being provided as part of the Colleges Response.
See City ofHaverhill, 42 MLC 273, 275, MUP-13-3066 (May 24, 2016). 11 The CERB's jurisdiction is not contested. 6 CERB Decision on Appeal of HO Decision (cont'd) MUP-16-5532 1 This case, however, is not about whether MacDonald had the right to ascertain 2 whether Doe was fit for duty.
In that decision, the CERB cited, as did the Hearing Officer, City ofHaverhill, 17 MLC 1215 (1990). In Haverhill, upheld by the Commission, the hearing officer ruled that the imposition of a psychological test as a condition of continued employment is a mandatory subject of bargaining Id. at 1217.
Additionally, in City ofHaverhill, 17 MLC 1215, App. 1217, Ct. 1122 MUP-7194 (2011). (August 21, 1990), the CERB affirmed a hearing officers decision holding that, [T]he imposition of a psychological test as a condition of continued employment is a mandatory subject of bargaining.
City ofHaverhill, 8 MLC 1690 (1981). Accordingly, | do not find probable cause to believe that the Committee violated the Law in the manner alleged, and dismiss this portion of the charge. COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS ; Hel YY Boater ) f RE HELEN M.
City ofHaverhill, 29 MCSR 260 (2016); Stacy v. Department of Developmental Services, 29 MCSR 164 (2016); Volpicelli v. City of Woburn, 22 MCSR 448 (2009); Williamson v. Department of Transitional Assistance, 22 MCSR 436 (2009).10 ANALYSIS The undisputed facts presented to the Commission establish that, as a matter of law, Mr. Alstons appeal must be dismissed.
It cites City of Melrose and IAFF Local 1617, JLMC 06-18F, City of Melrose and Melrose Police, JLMC 0711P, City ofHaverhill and Haverhill Firefighters, JLMC 09-11F, City of Lawrence and IAFF Local 146, JEMC 95-7F and Town of Kingston and IBPO Local 436, JLMC 01-49P.They maintain that the community of interest between local police and fire units justify the comparison and parity in wages and benefits.