A broad management rights clause is not an effective waiver Massachusetts Port Authority, 36 MLC 5 (2009); City of Boston, 3 MLC 1450 (1977). In this case, the Union never waived its bargaining right to negotiate over summer hours. As specified earlier, Article 5 of the CBA contains no language where the District can dictate how many hours employees work, or how they use their accrued benefit time.

Town of Andover, 70, 72, 28 MLC at 268 (citing Commonwealth of Massachusetts, 27 SUP-4503 (Dec. 6, 2000); City of Boston, 26 MLC 177, 181, MUP-1431 MLC (Mar. 23; 2000); Massachusetts Port Authority, 26 MLC 100, 101, UP-2624 (Jan. 14, 2000)). Workload is a mandatory subject of bargaining.

DOD (Overseas Teachers)); state governments (States of Massachusetts, Rhode Island, Maine, New York, Connecticut, New Hampshire and the Territory of the Virgin Islands); independent authorities (Massachusetts Water Resources Authority, the Massachusetts Bay Transit Authority, Massachusetts Turnpike Authority, New York City Housing Authority, Boston Housing Authority, Massachusetts Port Authority; Massachusetts Turnpike Authority; Virgin Islands Port

DOD (Overseas Teachers)); state governments (States of Massachusetts, Rhode Island, Maine, New York, Connecticut, New Hampshire and the Territory of the Virgin Islands); independent authorities (Massachusetts Water Resources Authority, the Massachusetts Bay Transit Authority, Massachusetts Turnpike Authority, New York City Housing Authority, Boston Housing Authority, Massachusetts Port Authority; Massachusetts Turnpike Authority; Virgin Islands Port

Massachusetts Port Authority, SJC-12296 (Jan. 29, 2018). DLR, therefore, should reject any such argument by PSA. The Further, any assertion by PSA that sick leave is nevertheless a mandatory subject of bargaining cannot save its claim that the City violated G.L. c. 150E, Section 10(a)(5) from dismissal.

Massachusetts Port Authority, 36 MLC 5, 13, UP-04-2669 (June 30, 2009). A fait accompli exists where, under all the attendant circumstances, it can be said that the employers conduct has progressed to a point that a demand to bargain would be fruitless.

See Town of Southborough 21 MLC at 1249; see also, Massachusetts Port Authority, 35 MLC 61, 63, UP-06-2686, (June 18, 2008). Requests for Union Representation An employee who requests union representation for a meeting with an employer is engaged in activity protected under Section 2 of the Law, even if no right to union representation has attached.

City 8 of Boston, 46 MLC 146, 148, MUP-17-5924 (Jan. 7, 2020); Massachusetts Port Authority, 9 26 MLC 100, 101, UP-2624 (Jan. 14, 2000); Commonwealth of Massachusetts, 21 MLC 10 1637, 1641, SUP-3587 (March 20, 1995). 11 Here, there is no dispute that the Committees decision to designate FMLA- 12 qualifying paid leave to run concurrently with FMLA unpaid leave affected a mandatory 13 subject of bargaining.

See generally, Massachusetts Port Authority, 36 MLC (citing Committee, Holliston School 23 MLC 5, 14, UP-04-2669 211, 212-13, (June 30, 2009) MUP-1300 (March 27, 1997)). Here, the Town told the Union on December 22, 2014, that it had addressed all of the Unions concerns and would implement the revised policy, effective February 1, 2015.

Massachusetts Port Authority, Northeast Regional Vocational School District, 7 MLC 2 MLC 1408 (1976); 1372 (1980); Saugus School Committee, 2 MLC 1412 (1976). This is in accordance with the Commission's general policy in favor of broad, comprehensive units rather than small, fragmented ones.