Dwyer & Duddy 25 Mall Road, Suite 411 Burlington, MA 01803 Filed: Wednesday, December 7, 2011 BOSTON PUBLIC SCHOOLS Office of Human Resources 26 Court Street Boston, MA 02108 Tel: (617) 635-1688 FAX: (617) 635-7959 TO: Name: Edward Srednicki, Executive Secretary Department: Division of Labor Relations Fax Number: 617.626.7157 Name: Brendan Greene, Esq.

Town of Burlington, 35 MLC 18, 25, nom., MUP-04-4157 Commonwealth (June 30, 2008), aff'd sub Town of Burlington v. Employment Relations Board, 85 Mass. App. Ct. 1120 (May 19, 2014); Commonwealth of Massachusetts, 27 MLC 1, 5, SUP-4304 (June 30, 2000).

Town of Burlington, 35 MLC 18, 25 (2008) aff'd sub nom Town of Burlington v. CERB, 85 Mass.App.Ct. 1120 (May 19, 2014).

Town of Burlington, 35 MLC 18, 25, nom., MUP-04-4157 Commonwealth (June 30, 2008), aff'd sub Town of Burlington v. Employment Relations Board, 85 Mass. App. Ct. 1120 (May 19, 2014); Commonwealth of Massachusetts, 27 MLC 1, 5, SUP-4304 (June 30, 2000).

Town of Burlington, 35 MLC 18, 25 (2008) aff'd sub nom Town of Burlington v. CERB, 85 Mass.App.Ct. 1120 (May 19, 2014).

Town of Burlington, 35 MLC 18, 25, nom., MUP-04-4157 Commonwealth (June 30, 2008), aff'd sub Town of Burlington v. Employment Relations Board, 85 Mass. App. Ct. 1120 (May 19, 2014); Commonwealth of Massachusetts, 27 MLC 1, 5, SUP-4304 (June 30, 2000).

Town of Burlington, 35 MLC 18, 25 (2008) aff'd sub nom Town of Burlington v. CERB, 85 Mass.App.Ct. 1120 (May 19, 2014).

Representative to contact Employee Organization Address (street and No., city/town, state, and ZIP code A Burlington, MA agreement between the City ediitied Council il 93, 93, Local of Salem and AFSCME 11818, AFL-C 18 10 12a. No. of employees in existing unit approx. 85 12b. The incumbent Employee Organization was: anginally Attach a copy of the most recent certification and/or current recognition clause. Expiration date of most recent 14.

WITTNER CHAIR ELIZABETH NEUMEIER BOARO MEMBER HARRIS FREEMAN BOARD MEMBER JUNE 25, 2013 James Breslin AFSCME, Council 93 7 Bedford Street, Suite A Burlington, MA 01803 Christine O'Connor, City Solicitor City of Lowell 375 Merrimack Street Lowell, MA 01852 RE: PS-13-2922 Loweil, City of and AFSCME, Council 93, AFL-CIO (DPW, Clerical, 12 Depts. etc.)

Esposito, BBO # 672638 Dwyer, Duddy and Esposito Attorneys at Law, P.C. 25 Burlington Mall Road, Suite 411 Burlington, MA 01803 (781) 359-9777 mje@dwyerd.com Date: March a, 2013 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing document has been served upon: Ms. Frances Hines 23 Westminster Avenue Roxbury, MA 02119 ry} via first-class mail, postage prepaid, this.U day of March, 2013. , Mark J.

Dwyer, Duddy & Esposito 25 Burlington Mall Road, Suite 411 Burlington, MA 01803 RE: MUPL-13-2649, Frances Hines and Boston Teachers Union Local 66 Dear Ms. Hines and Mr.

Town of Burlington, et al, v. McCarthy, 60 Mass.App.Ct. 914, 915 (2004). Analysis Multiple issues, discussed in detail below, point to a flawed appointment process here that warrant intervention by the Commission.

Town of Burlington, 60 Mass. App. Ct. 914, 915 (2004). 14 Analysis Commissioner Conant, a twenty-seven (27) year veteran of the Springfield Fire Department, has been leading the Citys Fire Department since January 2012. In September 2013, Commissioner Conant initiated the process for appointing ten (10) new firefighters, the first time that original appointments would be made during his tenure as Appointing Authority.

Town of Burlington, 60 Mass. App. Ct. 914, 915 (2004). Analysis As referenced above, the analysis here needs to consider both whether the City conducted an impartial and reasonably thorough review as well as assessing the legitimacy and reasonableness of the reasons for bypass.