City of Haverhill, 21 MCSR 205 (2008) (police sergeant demoted for repeatedly associating with cousin known to be selling drugs in officers presence); Williams v.

Haverhill, MA 01830 Appearance for Respondent: Anne Randazzo, Esq. Office of the City Solicitor 41 Pleasant St Room 311 Methuen, MA 01844 Commissioner: Cynthia Ittleman1 DECISION On January 28, 2015, the Appellant, Ryan Dorgan (Mr.

HealthAlliance / Clinton Hosp (Leominster Campus) 60 Hospital Rd, Leominster, MA 01453 DEPARTMENT: ER IF NURSING HOME, NURSING HOME NAME: IF ANY OTHER FACILITY, SPECIFY: OFFICER ON SCENE: BIRTH DATE: 07/18/1964 SCENE CONTACT NUMBER(S): Demographic Information AGE: 56 GESTATIONAL WEEKS (BABY): SOCIAL SECURITY NUMBER: 016-52-9692 SEX: Male RACE: White MARITAL STATUS: Widow APPROXIMATE WEIGHT (lb): 300 APPROXIMATE WEIGHT(g): DECEDENT ADDRESS: 86 Howard St Haverhill

Id., citing City of Cambridge, 23 MLC 28, 36 (1996); Town of Norwell, 13 MLC 1200, 1206-1207 (1986); City of Haverhill, 11 MLC 1289, 1289-1290 (1989). The Employers use of contractors for FSW cleaning work to fill a need created by vacant bargaining unit positions, during an ongoing public health emergency, that did not displace bargaining unit members, is not a transfer of bargaining-unit work.

See City of Haverhill, 42 MLC 273, 275 (2016). See generally Hewitt Soap Co., 112 LA 640 (Arb. 1999); see also Wortz Co., 115 LA 1532 (Arb. 2001); Fisher Scientific Co., 117 LA 922 (Arb. 2002). Prior to Mr. Millers promotion in March 2021, there were only three other promotions in the prior ten years: Mr. Ammesmaki, Andrew Bernhardt (Mr. Bernhardt), and Ben Gilbert (Mr. Gilbert). Tr., p. 151. Two of the three occurred on the same date.

City of Haverhill, 10 MLC 1531, 1534 (1984); Mass. Port Authority, 16 MLC 1024 (1989). Usually when we consider "adverse impact," specters such as loss of wages, overtime, recall benefits, layoffs, demotions, loss of bargaining unit positions, diminishment of hours or potential erosion of the bargaining unit are involved. Mass. Port Authority, supra at 1027.

City of Boston, 26 MLC 177, 181 (2000); Town of Andover, 1 MLC 1103,-1106 (1974), City of Haverhill, 16 MLC 1077, 1079 (1989). As noted above, the Department does not contest that it had a duty to bargain with the Union related to the impact of the closure of the facilities at issue. However, the Department does contest that the Union was not afforded notice or an opportunity to bargain over the impact of the closure of the facilities.

City of Haverhill, 43 MLC 273, 275, MUP-13-3066 (May 24, 2016)(citing Commonwealth of Massachusetts, 23 MLC 171, 171, SUP-3586 (January 30, 1997). Whites situation is distinguishable, however, because he was provisionally promoted to fill a permanent position at a time when there was not a sufficient Civil Service list to make a permanent promotion.

City of Haverhill v. George Brox, Inc., 47 Mass. App. Ct. 717, 716 N.E.2d 138 (1999). In this case, ratifying the Charge will thwart the parties intent, undermine the plain terms of the MOA, and diminish the Citys and the Chiefs well-settled management rights, all in contravention of well-settled principles of public union bargaining under MGL c. 150E.

Commonwealth of Massachusetts, 27 MLC 70, 72 (2000), citing City of Boston, 26 MLC at 181; (1999); City of Haverhill, 16 MLC 1077, 1079 (1989). Holyoke School Committee, Andover, 12 MLC 1443, 1451 (1984); North 1 MLC 1103, 1106 (1974) Where such Field Training has existed for decades the Union is unable to show that the Employer changed an existing practice or instituted a new one or that it had any impact on a mandatory subject of bargaining.