City ofQuincy, 24 MCSR 497 (2011) citing Flynn v. Civil Serv. Comm'n., 15 Mass.App.Ct. 206, rev. 8 See, n 7. 14 den., 388 Mass. 1105 (1983). At issue in Phillips were specific questions. However, in the instant appeal, the Appellant was scored poorly by the interviewers on his responses to most of the questions in his interview. The bulk of Mr.
Commonwealth of Massachusetts, 26 MLC 165, 168, SUP-3792 (March 13, 2000), (citing City ofQuincy, 17 MLC 1603, MUP6710 (March 20, 1991)); Massachusetts Board of Regents of Higher Education, 10 MLC 1196, SUP-2673 (September 8, 1983)). A public employer's deliberate refusal to abide by an unambiguous collectively bargained agreement constitutes a repudiation of that agreement in violation of the Law.
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 will not find a repudiation. City of Everett, 26 MLC 25, 27, MUP-1542 (July 22, 1999).
Boston School Committee, 22 MLC 1365, 1375, MUP-8125 (January 9, 1996); City ofQuincy, 17 MLC 1603, 1608, MUP-6710 (March 20, 1991). Although, 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 because the parties did not achieve a meeting of the minds.
Boston School Committee, 22 MLC 1365, 1375, MUP-8125 (January 9, 1996); City ofQuincy, 17 MLC 1603, 1608, MUP-6710 (March 20, 1991). Although, 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 because the parties did not achieve a meeting of the minds.
Ct. 410, 414-415 (1990); see also, Boston Housing Authority, 11 MLC 1189, 1195 (1984); City ofQuincy, 15 MLC 1340, 1368 (1989); Dennis Brown v. Commonwealth of Massachusetts, SUP-03-4971 (2004). Mr. Emerson, as an individual, does not have standing to allege that Massport interfered with the administration of the Union because this allegation inherently relates to employee organizations rather than individual employees.
Because the first and/or second prongs of the accretion analysis are conclusive, we end our analysis here and dismiss the petition. where accretion is not allowed, the DLR may permit a self-determination election or add-on election among employees Commission, 39 at 233 (citing MCR-3074 (March 23, 1981); City ofQuincy, 1977)). add-on election An accompanied MLC may We note, however, that in situations holding the disputed titles.
Higher Education Coordinating Council and MA Community College Council/MTA, 23 MLC 90, 92 (1996) citing City ofQuincy/Quincy Hospital, 15 MLC 1239 (1988). An employer does not have an obligation to bargain over every incidental variation in job assignments between unit and non-unit personnel. Commonwealth of Massachusetts and Alliance, Local 509, SUP-4164 (1997).
Higher Education Coordinating Council and MA Community College Council/MTA, 23 MLC 90, 92 (1996) citing City ofQuincy/Quincy Hospital 15 MLC 1239 (1988). Here, the union cannot meet its burden, particularly as to the first prong of the wellestablished three-prong test because there was no transfer of bargaining unit work outside of the bargaining unit.
Boston School Committee, 22 MLC 1365, 1375, MUP8125 (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.
Boston School Committee, 22 MLC 1365, 1375, MUP8125 (January 9, 1996); City ofQuincy, 17 MLC 1603, 1608, MUP-6710 (March 11 Dismissal (contd) MUP-19-7253 and MUP-19-7436 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.
City ofQuincy/Quincy City Hospital, 15 MLC 1239 (1988). In these shared work situations, there is no obligation to bargain over every incidental variation in The DLR may take notice that the Town failed to present a single witness or iota of evidence.
See City of Boston, 28 MLC at 195; City ofQuincy, Quincy City Hospital, 15 MLC 1239, 1241, MUP-6490 (November 9, 1988); City of Boston, 6 An employer is not obligated to bargain over every incidental MLC at 1125-1126. unit and variation in job assignments between Saugus, 28 17, MUP-2343, MLC 13, non-unit employees. Town of 2001); City of 15, (June CAS-3388 Somerville, 23 MLC 256, 259, MUP-8160 (May 2, 1997).