of (February 8, 2006) (excluding Town accountant as confidential employee because he costed out collective bargaining proposals and was privy to other confidential labor relations information); City of Lawrence, 25 MLC 167, CAS-3213 (April 21,1999) (budget analyst who costed out collective bargaining proposals, discussed, confidential); and attended meetings where those proposals were had access to other confidential labor relations information City
City ofQuincy, 17 MLC 1603 (1991), Mass. Bd of Regents of Higher Education, 10 MLSC 1196 (1983). To establish that the College repudiated an agreement, the Union must show that the College deliberately refused to abide by the agreement. See, Boston School Committee, 22 MLC 1365, 1375 (1996); City ofQuincy, 17 MLC 1603, 1608 (1991).
In City ofQuincy and Nina Pattison, 15 MLC 1340, MUP-6037 (January 24, 1989), aff'd sub nom. Pattison v. Labor Relations Commission, 30 Mass. App. Ct. 9 (1991), Pattison argued that her union had breached its duty of fair representation to her by refusing to file a grievance on her behalf, and thus argued that she should be permitted to stand in her union's shoes to file a Section 10(a)(5) charge.
Allegations of Violation of Section 10 (a) (5): Refuse to bargain collectively in good faith with the exclusive representative as required in section six; The Commission has held that the duty to bargain in good faith includes the duty to comply with collectively bargained agreements and to implement settlement agreements reached during the process of resolving grievances, City ofQuincy, 17 MLC Regents of Higher Education, 10 MLSC 1196 (1983). an
Bd of Regents of Higher Education, implement settlement City ofQuincy, 17 MLC 10 MLSC 1196 (1983). To establish that the College repudiated an agreement, the Union must show that the College deliberately refused to abide by the agreement. See, Boston School Committee, 22 MLC 1365, 1375 (1996); City of Quincy, 17 MLC 1603, 1608 (1991).
City ofQuincy, 27 MCSR 322 (2014) (USERRA did not conflict with requirements for timely claiming veterans status and process for issuance of certifications); Amaral v. City of Fall River, 22 MCSR 653, 659 fnt.6 (2009) (relationship of USERRA rights to requirements for layoffs); Sullivan v.
Boston School Committee, 22 MLC 1365, 1375, MUP-8125 (January 9, 1996); City ofQuincy, 17 MLC 1603, 1608, MUP-6710 (March 20, 1991). The parties dispute whether there was an oral agreement in place that permitted the BPHC to consider external candidates for Sergeant positions and allow those candidates to sit for the promotional exam.
Boston School Committee, 22 MLC 1365, 1375, MUP-8125 (January 9, 1996); City ofQuincy, 17 MLC 1603, 1608, MUP-6710 (March 20, 1991). If the evidence is insufficient to find an agreement underlying the matter in dispute, or if the parties hold differing good faith interpretations of the terms of the agreement, the Commonwealth Employment Relations Board (Board) will not find a repudiation.