City ofBoston, 40 MLC 121, 124-25 (2013) (citing Sch. Comm. of Newton v. Labor Relations Commn, 388 Mass. 557 (1983)). The duty to bargain in good faith includes a duty to not unilaterally implement changes to a mandatory subject of bargaining without negotiation, absent impasse. Commonwealth v. Labor Relations Commn, 404 Mass. 124, 127 (1989) (citing S. Worcester Reg! Vocational Sch. Dist. v. Labor Relations Commn, 377 Mass. 897, 904 (1979)).
City ofBoston, 40 MLC 121, 124-25 (2013) (citing Sch. Comm. of Newton v. Labor Relations Commn, 388 Mass. 557 (1983)). The duty to bargain in good faith includes a duty to not unilaterally implement changes to a mandatory subject of bargaining without negotiation, absent impasse. Commonwealth v. Labor Relations Commn, 404 Mass. 124, 127 (1989) (citing S. Worcester Reg] Vocational Sch. Dist. v. Labor Relations Commn, 377 Mass. 897, 904 (1979)).
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 5 2 ; Lrelitic 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-11-6202/6225/6226/6233/6241 Charging Party: SOMERVILLE MUNICIPAL EMPLOYEES ASSOC.
City ofBoston, 35 MLC at 140. Under the second prong of the 21 accretion analysis, the CERB examines how the parties have treated the disputed 22 position in their dealings with each other and in collective bargaining. City of Malden, 32 33 The CERBs jurisdiction is not contested. 22 City ofBoston, CERB Decision in First Instance (contd) CAS-19-7235 1 MLC 97, 100, CAS-04-3599 (November 2, 2005).
Fax Number Address (street and No., city/town, state, and ZIP code) Stoneman, Chandler & Miller, 99 High Street, Boston, MA hs Employee Organization 8. Representative to contact 10. Telephone Number Ben Roy 508-791-2121 Littleton Educators Association 9. 411.
STEIN WWW.SCMLLP.COM MIRIAM K, FREEDMAN OF COUNSEL June 12, 2020 Efile DLR@mass.gov Marjorie Wittner, Chair Department of Labor Relations 19 Staniford Street, 1' Floor Boston, MA 02114 RE: CAS-19-7235 Littleton School Committee and Littleton Educators Association Dear Ms.
DLR@mass.gov Marjorie Wittner, Chair Department of Labor Relations 19 Staniford Street, 1 Floor Boston, MA 02114 RE: CAS-19-7235 Littleton School Committee and Littleton Educators Association Dear Ms. Wittner: Enclosed please find Littleton School Committees Response to the Associations Submission Dated June 12, 2020 and attached Affidavit of Kelly Clenchy in the above matter.
Boston, MA 02110 617/542-6789 (t) 617/556-8989 (f) Dated: June 7, 2019 CERTIFICATE OF SERVICE I, Andrea Bell Bergeron, hereby certify that on this 7th Day of June 2019, I hereby sent a true, accurate and complete copy of the foregoing documents upon all counsel of record via email. _________/S/____________________ Andrea Bell Bergeron
Mullane, hereby certify that I have this day, by electronic transmiss ion, served a copy ofthe foregoing Position Statement upon legal counsel for the Littleton School Committee, Andrea Bell Bergeron of Stoneman, Chandler &Miller at 99 High St # 1601, Boston, MA 02110, at abergeron@scmllp.com. Dated: June 6,2019 266094 /s/ Richard A. Mullane Richard A. Mullane
Stoneman, Chandler & Miller, LLP 99 High Street Boston, MA 02110 Richard A. Mullane, Esq. Staff Counsel Massachusetts Teachers Association, Div. of Legal Services 2 Heritage Drive, 8th Floor Quincy, MA 02171 Re: CAS-19-7235, Littleton Public Schools and Littleton Educators Association Dear Ms. Bergeron and Mr.
City ofBoston, 29 MLC 6, 9 (2002) (citing School Committee of Newton v. Labor Relations Commission, 388 Mass. 557, 574 (1983)). The ultimate test remains whether there is a likelihood of further movement by either side and whether the parties have exhausted all possibility of compromise. City ofBoston, 28 MLC 175, 184 (2001) (quoting Commonwealth of Massachusetts, 25 MLC 201, 205 (1999)).
Nixon Peabody LLP 53 State Street Boston, MA 02109 RE: SUP-19-7140 AFSCME, COUNCIL 93, LOCAL 2616 & UNIVERSITY OF MASSACHUSETTS MEDICAL SCHOOL Dear Mr. Gulledg and Mr. Prescott: Please be advised that the Department of Labor Relations has decided to administratively close the above-referenced case as requested by the Parties, for thirty (30) days or until MONDAY SEPTEMBER 14, 2020.
Complaint of Prohibited Practice Interim Procedure for Scheduling of the Expedited Hearing P:\TM Documents\Merge Templates\TM NOTICE LEVEL 1 OF COMPLAINT HEARING.doc COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS 19 STANIFORD STREET, 15" FLOOR BOSTON, MA 02114 PROCEDURE FOR SCHEDULING OF THE EXPEDITED HEARING Case No.: MUP-16-5023 Charging Party: Somerville Police Employees Association Respondent: Somerville, City of Date Filed: 12/31
See City ofBoston, 26 MLC 177, 181 (2000). The Association has repeatedly asserted that the City violated a long standing practice of skipping Step 1 and going right to Step 2 in this case with Officer Johnsons grievance.
City ofBoston, 26 MLC 177 (2000). Public employers are prohibited from making unilateral changes in established conditions of employment that affect mandatory subjects of bargaining both during the term of the collective bargaining agreement and following its expiration. Town of Chatham, 28 MLC 56 (2001). Established terms and conditions of employment in effect at the time the contract expires constitute the status quo.
City ofBoston, 41 MLC 25 119, 125, H.O. Decision (cont'd) MUP-16-5023 MUP-13-3371, MUP-14-3466, MUP-14-3504, (November 7, 2014). The Boards inquiry turn on whether employees in the unit have a reasonable expectation that the practice is unequivocal, has existed substantially unvaried for a reasonable period of time and is known and accepted by both parties.
See City ofBoston, 26 MLC 177, 181 (2000). The City admits that the grievance procedure, which is spelled out clearly in the CBA and is a mandatory subject of bargaining. See Section III, above. However, the evidence in this case has failed to show any unilateral change to an existing term and condition of employment when the City decided Officer Johnsons grievance at Step 1.
City ofBoston, MUP-6697 (1989). IV. ARGUMENT The evidence demonstrates that the parties had a longstanding, mutually accepted, and consistent past practice of omitting Step I of the grievance procedure and processing grievances at Step II of the grievance procedure. The City altered that practice when it processed Officer Johnsons grievance at Step I of the grievance procedure in December 2015.
HURLEY BUILDING 19 STANIFORD STREET 15* FLoor, BOSTON, MA 02114 COMMONWEALTH EMPLOYMENT RELATIONS BOARD PHONE: (617) 626-7132 CHARLES D. BAKER MARJORIE F. WITTNER Fax: (617) 626-7157 GOVERNOR CHAIR efile.dir@state.ma.us KARYN E. POLITo ELIZABETH NEUMEIER www.mass.gov/dir LIEUTENANT GOVERNOR BOARD MEMBER KATHERINE G. LEV BOARD MEMBER June 1, 2016 Kristen A. Barnes, Esq.
Hurley Building 19 Staniford Street, Boston, MA 02114 Re: and 1st Floor Somerville Police Employees Association City of Somerville Chargeof Prohibited Practice Dear Mr. Srednicki: On behalf of the Somerville Police Employees Association, I am enclosing for filing a Charge of Prohibited Practice pursuant to G.L. c. 150E in the abovereferenced matter. Thank you.
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 DEPARTMENT OF MASSACHUSETTS OF LABOR RELATIONS 19 STANIFORD STREET, 1 FLOOR BOSTON, MA 02114 PROCEDURE FOR SCHEDULING OF THE HEARING Case No.: MUP-13-3260 Charging Party: Boston Teachers Union Local 66 Respondent: Boston School Committee Date Filed: 11/13/2013 The
Fax Number 26 Court Street, Boston, MA 02108 6. Employee Organization (if any): Boston Teachers Union 8. Address (617) 635-7956 7. Representative to contact 9. Telephone Number Mark Esposito, Esq. (781) 359-9777 (street and No., city/town, state, and ZIP code) 10. Fax Number Dwyer, Duddy & Esposito, 25 Burlington Mall Rd., Ste. 411, Burlington, MA 01803 | (781) 272-8692 11.
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 DEPARTMENT OF MASSACHUSETTS OF LABOR RELATIONS 19 STANIFORD STREET, 18" FLOOR BOSTON, MA 02114 PROCEDURE FOR SCHEDULING OF THE HEARING Case No.: MUP-15-4513 Charging Party: Weymouth Teachers Association Respondent: Weymouth School Committee Date Filed: 4/24/2015 The
Address (street and No., city/town, state, and ZIP code) MTA, 20 Ashburton Pl,, Boston, MA Esq. 02108 9. Telephone Number 617-878-8331 10. Fax Number 617-248-6921 11. This charge is filed against (check one) 12.
Boston Police Patrolmens Association, 26 MLC City ofBoston 144 (2000). Plainly stated, the Respondent has not transferred bargaining unit work to managers as alleged. However, when FOTL positions are left vacant due to retirement or resignation, it is possible that others staff members, including District Managers, were required to pick up the slack.
Representative to contact John Marra Address (street and No., city/town, state, and ZIP code) One Ashburton Place, Boston, MA 02108 6. Employee Organization (if any): AFSCME Council 93 8. 4. Telephone Number 617-878-9787 5. Fax Number 617-727-1477 7. Representative to contact 9. Telephone Number Joseph Delorey 617-367-6035 Address (street and No., city/town, state, and ZIP code) 8 Beacon Street, Boston, MA 02108 10. Fax Number 617-742-7666 11.
City ofBoston, 33 MLC 81 (2006), citing City of Boston, 14 MLC 1606, 1618 (1988). There, the panel found that the City's refusal to pay captains on the Night 15 Command the Commander's differential interferes with the Union's ability to represent its members. However, these allegations do not establish that the City significantly interfered with the existence and administration of the Union in violation of Section 10(a)(2) of the Law. Id.
Address (street and No., city/town, state, and ZIP code) 33 Harrison Ave., 7th Fl Boston MA 02111 30. FAX Number 31. E-mail Address jshaw@segalroitman.com 32. Firm/Organization Name Segal Roitman, LLP 33. This charge is filed against Employer (E) or Employee Organization (O): E 34.
Segal Roitman, LLP 33 Harrison Ave, 7th Floor Boston, MA 02111 Jennifer King, Esq. Robert D. Hillman, Esq. Valerio Dominello & Hillman, LLC One University Avenue, Suite 300B Westwood, MA 02090 RE: MUP-20-8038 Andover Education Association and Andover School Committeee Dear Ms. Jones, Ms. Joyce, Ms. King and Mr.
Boston, MA 02111 (617) 899-1382 jjones@segalroitman.com CERTIFICATE OF SERVICE I have filed this document by E-File, and copied Robert Hillman, Esq., opposing counsel, on this filing by sending this document by email to Robert.Hillman@VDHBoston.com on May 4, 2023. /s/ Jocelyn B. Jones Jocelyn B. Jones
Segal Roitman, LLP 33 Harrison Ave, 7th Floor Boston, MA 02111 Jennifer King, Esq. Robert Hillman, Esq. Valerio, Dominello & Hillman One University Avenue, Suite 300B Westwood, MA 02090 Re: MUP-20-8038, Andover School Committee Dear Ms. Jones, Ms. King, and Mr.
Kopelman and Paige, P.C., 101 Arch Street, Boston, MA 02110 Employee Organization (if any): 6. Professional Firefighters of Chelmsford 100 River Ridge Drive, Norwood, MA (617) 654-1735 7. Representative to contact 9. Telephone Number Paul T. Hynes, Esq. (781) 255-7700 Address (street and No., city/town, state, and ZIP code) 8. 5. Fax Number 02062 10. Fax Number (781) 255-7750 11. This charge is filed against (check one) 42.
Kopelman and Paige 101 Arch Street Boston, MA 02110 Michael R. Keefe, Esq. Angoff, Goldman, Manning & Hynes, P.C. 100 River Ridge Drive, Suite 203 Norwood, MA 02062 RE: MUPL-15-4316, Professional Firefighters of Chelmsford Dear Mr. Maser and Mr.
DLR@massmail.state.ma.us Shirley Demarco Siciliano Department of Labor Relations Lafayette City Center 2 Avenue De Lafayette Boston, MA 02111 Re: Stacey Jones v. Town of Groton DLR Case No.: MUP-22-9179 Dear Ms. Siciliano: Enclosed for filing please find Respondent Town of Grotons Response Submission. Please feel free to contact me if you have any questions. Sincerely, Marc L. Terr MLT/ljg Enclosure cc: Joseph Sulman, Esq.
City ofBoston, 35 MLC 289, 291, MUP-044077 (May 20, 2009) (citing MacCormack v. Boston Edison Co., 423 Mass. 652, 662 (1996)) (plaintiff failed to prove adverse action element of a prima facie case of unlawful retaliation where there was no evidence that he had been disadvantaged with respect to salary, grade, or other objective terms and conditions of employment).
Terry Mirick OConnell 1800 West Park Drive Westborough, MA 01581-3941 mterry@mirickoconnell.com t 508.860.1447 f 508.207.9345 October 24, 2022 VIA: Efile.DLR@massmail.state.ma.us Samantha Singh Commonwealth of Massachusetts Division of Labor Relations Lafayette City Center 2 Avenue de Lafayette Boston, MA 02111 Re: Stacey Shepard Jones and Town of Groton DLR, Case No. MUP-22-9179 Dear Ms.