To On Its Its Other ce Opening ee 7 Brief Arguments........... ee 6 cee ne eee 9 eee ne 10 Table of Authorities Cases Page(s) Boston Teachers Union, Committee Of Boston, 386 Mass. 197 City of Boston Retirement 453 Local 391 School 388 389 346, Mass. v. v. School ee Commonwealth (2009) ...... International v. Labor 429 ce et ee eee 3-4 Employment 557 ee Brotherhood Relations (1984) Committee Mass. ..... 66 Board, Mass.
This case, thus, is analogous to City ofBoston, 33 MLC 1 (2006), aff'd sub nom. City of Boston v. Commonwealth Employment Relations Board, 453 Mass. 389 (2009). 22 N oi, Decision (cont'd) ~ | | In that case, the Board MUP-10-5888 rejected the Citys argument that circumstances outside its control mandated the implementation of a 28-day work period effective July 2002.
City ofBoston v. Labor Relations Commission, 48 Mass. App. Ct 169, 174 (1999); Massachusetts Board of Regents, 15 MLC 1265, 1269 (1988); Town of Marblehead, 12 MLC 1667, 1670 (1 986). A waiver by contract will not be lightly inferred. There must be a clear and unmistakable showing that sucha waiver occurred through the bargaining process or the specific. language of the agreement.
City ofBoston v. Labor Relations Commission, 48 Mass. App. Ct. 169, 174 (1999); Massachusetts Board of Regents, 15 MLC 1265, 1269 (1988); Town of Marblehead, 12 MLC 1667, 1670 (1 986). A waiver by contract will not be lightly inferred.
See City ofBoston/Boston Public Library, 26 MLC 215, 217 (2000) (no violation because there was no meeting of the minds on the creation of a smoking room). Moreover, before the unit members voted to accept the weekly one-hour furloughs, Mayor Lang stated that he could not guarantee that the City would not layoff any employees. Thus, because | conclude that the City did not repudiate the June 2008 Agreement, | dismiss Count I of the Complaint.
Edward an y if st ju 0 rm ha icient funds, is by itself. blic prevent abuse of pu City ofBoston, 408 e GL. c. 150E; was intended lo be 9, is not conduct that GL. c. 40, 32 inary injunction, r to issue @ prelim ing whethe Finally. in determin the public interest, d order promotes Mass. be y, even Were it to the cit alleged conduct of e th at th s de lu court conc determined to violat an ation of funds for volve an appropri ect conduct will in showin
. & 645557) MILLER 99 High Street Boston, MA 02110 617-542-6789 LLP BOARD TABLE TABLE OF ISSUES AUTHORITIES PRESENTED OF CONTENTS .........ccceees p00000000 ......-cccccccccces p0000000d000006 STATEMENT OF THE CASE .......c.eceece STATEMENT OF THE FACTS .........cceceeace SUMMARY THE OF ARGUMENT UT I. The Decision To And Furlough Employees Of Goo ben doo bo och Udod Services II. III. oood p00000000004 c0a0b00g0000b0#!
Boston, MA 02114 Charles C. Owen, Jr. Vice President Hand Delivered Re: AFSCME and City of New Bedford Case Nos. MUP 09 5581 and MUP 09 5599 Natalie Baker Recording Secretary John G. Wagner Treasurer Frank Greco Sgt. at Arms Dear Mr. Secretary: Attached please find an original and two copies of two documents related to the above noted cases. The first is the Unions Notice of Appeal with Certificate of Service.
Treasurer Saul Faria Sgt. at Arms ne OCT 0 8 2015 Boston, MA 02108 APPEALS COURT Hand Delivered Re: City of New Bedford and another v. Commonwealth Employment Relations Board Case no. 2015 - P - 0001 Gentlepersons: Attached please find for filing an Assented to Motion by AFSCME Council 93 to withdrawal its appeal in the above referenced case, with a Certificate of Service. you, eph iG De cc: Atty. y Jane Gabriel, DLR Atty. Kay H.
Treasurer Saul Faria Sgt. at Arms ne OCT 0 8 2015 Boston, MA 02108 APPEALS COURT Hand Delivered Re: City of New Bedford and another v. Commonwealth Employment Relations Board Case no. 2015 - P - 0001 Gentlepersons: Attached please find for filing an Assented to Motion by AFSCME Council 93 to withdrawal its appeal in the above referenced case, with a Certificate of Service. you, eph iG De cc: Atty. y Jane Gabriel, DLR Atty. Kay H.
SHREVE Procurement and Compliance Attorney BLAIR S, BAILEY Tax Title Attorney November 10, 2009 Edward Srednicki, Executive Secretary Commonwealth of Massachusetts Division of Labor Relations 19 Staniford Street, 1 Floor Boston, MA 02114 Re: City of New Bedford and AFSCME, Council 93 MUP-09-5581 Dear Mr.
BAILEY Tax Title Attorney April 14, 2010 Edward Srednicki, Executive Secretary Commonwealth of Massachusetts Division of Labor Relations 19 Staniford Street, 1 Floor Boston, MA 02114 Re: City of New Bedford and AFSCME, Council 93 MUP-09-5581 and MUP-09-5599 Dear Mr.
Srednicki, Executive Secretary \ The Commonwealth of Massachusetts \ \ CA Division of Labor Relations 19 Staniford Street, 1 Floor Boston, MA 02114 RE: C City of New Bedford v. AFSCME, Council 93 MUP-09-5599 (FY10 Reduction in Work Hours) Dear Mr.
Vice President Boston, MA.02114 Re: AFSCME and City of New Bedford Karla Mitchell MUP 09 5581 and 5599 Recording Secretary Jeseanc@eary Dear Mr. Secretary: Treasurer Attached please find an original and four copies of the Unions Kevin Hanley Sgt. at Arms Supplementary Statement, with Certificate of Service. ce: Atty.
Boston, MA 02108 (617) 367-6024 Certificate of Service I hereby certify that I have this 18" day of July, 2011 caused a complete copy of this Post Hearing Brief to be sent via first class mail to Atty. Jane Medeiros Freidman, City of New Bedford Law Dept., 133 William St., New Bedfe 50 A 02740.
Impasse in negotiations occurs only when both parties have negotiated in good faith on all bargainable issues to the point where it is clear that further negotiations would be fruitless because the parties are deadlocked. (2002) (citing Town parties have of Plymouth, 26 MLC reached impasse, the City ofBoston, 29 MLC 6, 9 220, 223 (2000)).
Complaint of Prohibited Practice Interim Procedure for Scheduling of the Hearing Standing Order 2009-1 P:\TM Documents\Merge Templates\TM NOTICE OF COMPLAINT AND HEARING.doc lA ; Lrebnr elle COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS 19 STANIFORD STREET, 1' FLOOR BOSTON, MA 02114 INTERIM PROCEDURE FOR SCHEDULING OF THE HEARING Case No.: SUP-11-5662 Charging Party: NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES Respondent: UNIVERSITY
AMHERST e BOSTON e DARTMOUTH @ LOWELL e WORCESTER December 14, 2011 Edward Srednicki Executive Secretary Department of Labor Relations Commonwealth of Massachusetts 19 Staniford St., 1' Floor Boston, MA. 02114 RE: SUP-11-5662 NAGE and UMass Medical School Dear Mr. Srednicki: Enclosed for filing in the above referenced matter please find the original and two copies of the Universitys Answer. Thank you for your attention to this matter.
AMHERST BOSTON e DARTMOUTH LOWELL e WORCESTER December 14, 2011 Edward Srednicki Executive Secretary Department of Labor Relations Commonwealth of Massachusetts 19 Staniford St., 1*' Floor Boston, MA. 02114 RE: SUP-11-5662 NAGE and UMass Medical School Dear Mr. Srednicki: Enclosed for filing in the above referenced matter please find the original and two copies of the Universitys Answer. Thank you for your attention to this matter.
Crawford, BBO# 624912 kcrawford@laborlawyers.com Fisher &Phillips LLP 200 State Street, 13th Floor Boston, MA 02109 617-722-0044 Attorneysfor University ofMassachusetts Medical School Dated: October 18, 2013 22 13043.1
Fax Number. 544 Main Street, Boston, MA 02129 22. 617-242-4284 The Charging Party is an: [| Individual Employee Organization [| Employer DECLARATION I have read the above charge of prohibited practice and swear under the pains and penalties of perjury that the information contained in it is true and complete to the best of my knowledge and belief.
Complaint of Prohibited Practice Interim Procedure for Scheduling of the Hearing Standing Order 2009-1 P:\TM Documents\Merge Templates\TM NOTICE OF COMPLAINT AND HEARING.doc COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS : 19 STANIFORD STREET, 1 FLOOR BOSTON, MA 02114 7 INTERIM PROCEDURE FOR SCHEDULING OF THE HEARING Case No.: MUP-11-6136 Charging Party: ORLEANS POLICE OFFICERS FEDERATION Respondent: ORLEANS, TOWN OF Date Filed: 01/05
COMMONWEALTH OF MASSACHUSETTS CIVIL SERVICE COMMISSION 100 Cambridge Street Suite 200 Boston, MA 02114 617-979-1900 ADELINO CANUTO, Appellant, v. BOSTON POLICE DEPARTMENT, Respondent Docket Number: G1-23-174 Appearance for Appellant: James Gilden, Esq. 173 N Main St Sharon, MA 02067 Appearance for Respondent: Omar Bennani, Esq. Boston Police Department Office of the Legal Advisor One Schroeder Plaza Boston, MA 02120 Commissioner : Angela C.
Butler Labor Counsel Human Resources Division One Ashburton Place, Rm. 211 Boston, MA 02108 (617) 878-9785 Page 1 of 16 I. EXHIBITS: The parties agreed to the submission of the following joint exhibits: 1. Collective Bargaining Agreement . 2. November 7, 2016 Notice of Reassignment to Gina Bartlett. 3. February 10, 2017 email from Pam Fitzpatrick to Darrell Cole. 4. February 14, 2017 email from Darrell Cole to Pam Fitzpatrick. 5.
Ct. 926 (1992), 1738, 1741 (1979), See City ofBoston and AFSCME, Council 93 In this case, the Association was on notice of the alleged violation as of May 24, 2016, and the charge was not filed within the required six month time period. G. Any violation would have been de minimis. No Association member received discipline and no Association members right to privacy, or any other right, was violated. it.
Segal Roitman, LLP 111 Devonshire Street, 5th Floor Boston, MA 02109 Rosann DiPietro, Esq. Long & DiPietro 175 Derby Street, Unit 17 Hingham, MA 02043 RE: MUP-17-5818 Dighton-Rehoboth School Committee and Dighton Rehoboth Reg. Teachers Assoc. Dear Mr. Shaw and Ms. DiPietro: The Department of Labor Relations (Department) has received, docketed and reviewed the above-referenced charge.
COMMONWEALTH OF MASSACHUSETTS CIVIL SERVICE COMMISSION 100 Cambridge Street Suite 200 Boston, MA 02114 617-979-1900 JAMES C. CLARK, Appellant, v. BOSTON POLICE DEPARTMENT, Respondent Docket Number: D-24-001 Appearance for Appellant: Kenneth Anderson, Esq. Anderson, Goldman, Tobin & Pasciucco, LLP 50 Redfield Street, Suite 201 Boston, MA 02122 ` Appearance for Respondent: Omar Bennani, Esq.
Chisholm Boston Police Department 1 Schroeder Plaza Boston, MA 02120-2104 Phone: (617) 343-4550 Fax: (617) 343-4609 E-Mail: ChisholmT.bpd@ci.boston.ma.us Commissioner: Daniel M. Henderson DECISION Pursuant to the provisions of G.L. c. 31, 2(b), the Appellant, Richard J. Savickas, Jr.
See City ofBoston, 29 MLC at 9 (no movement by either side during four negotiating sessions); City of Boston, 28 MLC at 185 (Unions position after eighth bargaining session was no different from its position at the first). That is not the case here.
Lreetie lace COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS 19 STANIFORD STREET, 1" FLOOR BOSTON, MA 02114 INTERIM PROCEDURE FOR SCHEDULING OF THE HEARING Case No.: MUP-11-6289 Charging Party: NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES Respondent: WORCESTER, CITY OF Date Filed: 04/27/2011 The parties are directed to confer as soon as possible in order to schedule the Hearing in the above-referenced case.
JOHNSON Director Phone: Fax: (508) 799-1030 (508) 799-1040 September 12, 2011 Commonwealth of Massachusetts Division of Labor Relations 19 Staniford Street, 1 Floor Boston, MA RE: 02114 MUP-11-6289 NAGE, Local 495 and City of Worcester Dear Sir or Madam: Enclosed for filing please find the Respondent, City of Worcesters, Answer to the Complaint filed in relation to the above noted matter. Very truly yours, CSc) Cc: John J.