Fax Number 255 Essex Street, Lawrence, MA 01840 6. | Employee Organization (if any): Lawrence Administrators Association 8. (978) 722-8550 7. Representative to contact Colin R. Confoey, Esq. Address (street and No., city/town, state, and ZIP code) Kaplan and Confoey, 225 Friend Street, 5th Floor, Boston, MA 9. Telephone Number (617) 723-8440 10. Fax Number 02114 (617) 723-8443 11. This charge is filed against (check one) 12.

See generally City of Lawrence v. Civil Service Commn, 66 Mass.App.Ct. 309 (construing Section 59 to permit tacking of service with the appointing authority in such force as including the both regular and reserve officer). There is nothing that has been brought to the Commissions attention in this case that warrants revisiting the conclusions that it reached in those prior decisions.

City of Lawrence, 23 MLC 213, 215 (1997). Here, the Union has not established that the Employer has transferred bargaining unit work to non-unit personnel. There is no dispute that the posted PC III position has not been filled and so no transfer of work has actually occurred. Therefore, the Union has not established probable cause to believe that the Employer violated the Law in the manner alleged, and | dismiss this portion of the charge. iil.

Thus, this case In City of Lawrence, is 16 MLC 1760 (1990), the mayor refused to execute or to submit to the city council for funding an agreed-upon contract that had been ratified union. by the In Lawrence, months after the ratification, the employer sought changes in. lieu of _ wage and other economic provisions previously bargained.

As previously noted, City of Lawrence, an employer facing 16 a fiscal emergency that prohibits it from maintaining prior economic offers may lawfully withdraw those offers. City of Quincy, supra. could and lawfully consider respond An employer could only do so if it to changing bargaining. 27 economic conditions during H.O.

City of Lawrence, 25 MCSR (2012); Robitaille v. Department of Transitional Assistance, CSC No. G2-10-254 (2011), request for investigation dismissed. CSC No. I-11-185, 25 MCSR --- (2012); McMahon v. Town of Brookline, 23 MCSR 159 (2010); Byrnes v. Massachusetts Parole Board, 22 MSCR 502, further considered, 22 MCSR 692 (2009). 4 Chief Stanleys Residence G.L.c.31, 58 mandates a residency requirement for civil service public safety employees.

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Fax Number 237 Essex St, Lawrence, MA 01840 975-722-8544 7. 8a. No. of employees in Unit Unit involved (attached additional sheets if necessary) Included Excluded All full-time and regular part time school custodians. . . All managerial, confidential and other employees. 94 8b. Are any of the employees included in the unit currently represented?

Box 1498 Lawrence, MA 01842 LAWRENCE October 30, 2018 David Connelly, Esq.

Burke, a firefighter for the City of Lawrence and the uncle of Mr. Blais. The hearing was digitally recorded. The record closed on August 27, 2012 with the filing of post-hearing briefs, and rebuttal briefs by both parties. FINDINGS OF FACT 1. In August 2011, John Blais was on the list of reserve firefighters in the City of Methuen.

Fax Number 237 Essex Street Lawrence, MA 01840 6. Employee Organization (if any): Firemen & Oilers, Local 3, SEIU 8. 978-722-8544 7. Representative to contact 9. Telephone Number Jeremy DaCruz Asst. Business Agent Address (street and No., city/town, state, and ZIP code) 10. Fax Number 10 Tower Park Drive, suite 415, Woburn, MA 01801 11. This charge is filed against (check one) 12.

City of Lawrence, 23 MLC 213,215, MUP-9876 (March 31, 1997). The Investigator acknowledged that agency staff provided the same services at Shattuck Hospital as the facilities service workers. However, the transfer of bargaining unit work claim failed on the "adverse impact prong of analysis." The Investigator found evidence that currently employed unit members work a significant number of voluntary and mandatory overtime shifts.

City of Lawrence, 23 MLC 213, MUP-9876 (March 31, 1997). In cases where job duties have traditionally been shared, the CERB has held that the work at issue is not exclusively bargaining unit work. Id. In shared work situations, an employer does not have to bargain over every incidental variation in work. Rather, the duty to bargain arises only if there has been a calculated displacement of unit work.

City of Lawrence, 23 MLC 213, 215, MUP-9876 (March 31, 1997). Like its bargaining claim, the Union failed to establish that the Employer violated the Law by transferring bargaining unit work to non-unit personnel. Both parties acknowledge that agency staff provided the same services at Shattuck as the FSWs. However, the transfer of bargaining unit work claim fails on the adverse impact prong of analysis.