and Section 15.04(3) of the Departments Rules, | conducted an in-person investigation of these allegations on September 22, 2011.7 Based on the evidence presented during the investigation, | have decided to dismiss the charge for the reasons explained below. ' Pursuant to Chapter 3 of the Acts of 2011, the Division of Labor Relations name is now the Department of Labor Relations. 2 At Massass request, the Department obtained a translator from the Department

Lastly, please note that the Department will be filing a request for reconsideration with the Department of Unemployment Assistance in connection with any unemployment benefits paid to Ms. Dookhan in connection with her separation from employment with the Department. The Department will be opposing any attempt by Ms. Dookhan to receive such benefits. Sincerely,

.: COMMONWEALTH OF MASSACHUSETTS / EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT, DEPARTMENT OF UNEMPLOYMENT ASSISTANCE, Respondent SUP-14-3515 r RESPONDENTS ANSWER 1. The Commonwealth is a public employer within the meaning of Section 1 of the Law. Admitted. 2. Locke was a public employee within the meaning of Section 1 of the Law who worked for the Department of Unemployment Assistance (DUA) call center in Worcester. Admitted. 3.

.: COMMONWEALTH OF MASSACHUSETTS / EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT, DEPARTMENT OF UNEMPLOYMENT ASSISTANCE, Respondent SUP-14-3515 T RESPONDENTS ANSWER 1. The Commonwealth is a public employer within the meaning of Section 1 of the Law. Admitted. 2. Locke was a public employee within the meaning of Section 1 of the Law who worked for the Department of Unemployment Assistance (DUA) call center in Worcester. Admitted. 3.

He submitted his Massachusetts Department of Unemployment Assistance 1099s for 2019 and 2020. (Exhibits 7 and 8.) 17. On the Employment History form, it appeared that the Appellant had worked continuously as a fire sprinkler apprentice from September 1, 2015 until November 1, 2017. However, this time period overlapped with the Appellants MASAC commitment. (Exhibits 3 and 5; Testimony of Haskell.) 18. On October 15, 2021, Lt.

.: COMMONWEALTH OF MASSACHUSETTS / EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT, DEPARTMENT OF UNEMPLOYMENT ASSISTANCE, Respondent SUP-14-3515 T RESPONDENTS ANSWER 1. The Commonwealth is a public employer within the meaning of Section 1 of the Law. Admitted. 2. Locke was a public employee within the meaning of Section 1 of the Law who worked for the Department of Unemployment Assistance (DUA) call center in Worcester. Admitted. 3.

Locke was hired to work in the Department of Unemployment Assistance call center in Worcester on October 21, 2013. On December 3, 2013, Locke filed a complaint about being the victim of workplace bullying with Evelyiz Arroyo-Barrows (Arroyo-Barrows), the Assistant Director of Field Operations. Arroyo-Barrows worked out of the Lawrence office. On December 4, 2013, Arroyo-Barrows was in the Worcester call center and arranged a meeting with Locke.

Further, in July of 2016, Patruno also filed a claim with the Department of Unemployment Assistance (DUA) seeking benefits for his period of unpaid leave. In addition, on July 28, 2016, Patruno filed an appeal with the Civil Service Commission (Commission) alleging that the Citys failure to return him to work constituted a constructive suspension and requesting that he be reinstated. The Commission dismissed Patrunos 2 Dismissal (contd.)

The '0 At the hearing the City attempted to impeach Muir by referring to a transcript from his hearing at the Department of Unemployment Assistance (DUA transcript). In its posthearing brief, the City withdrew its reliance on the portion of the DUA transcript reported on page 65, line 19 through page 67, line 11 of the DLR transcript. Consequently, | do not consider any reference to the DUA transcript in my opinion.

Should ERNE, iy for unemployment benefits, the parties acknowledge that state and/or federal taw requires the SPS to provide timely, accurate, and adequate responses to all requests for information from the Department of Unemployment Assistance (DUA) relating to unemployment claims. in addition, the parties agree that the DUAdetermines eligibility for unemployment benefits. REDACTED!