City ofQuincy/Quincy City Hospital, 15 MLC 1239, MUP-6490 (November 9, 1988). There is no obligation to bargain over every incidental variation in job assignments between unit and non-unit personnel. Rather, bargaining must occur only in situations where there is a calculated displacement of bargaining unit work. City of Boston, 10 MLC 1539, 1541, MUP-4967 (April 24, 1984).
Id., citing City ofQuincy, 17 MLC 1603, 1608 (1991). The Charging Party cannot meet its burden here, because the Respondent vacated the position at issue in the grievance and, in. the course of proceeding with the steps necessary to post the Training Coordinator position, discovered that the title did not belong within Unit 2. | The common law doctrine of mutual mistake voids the agreement and excuses further compliance with its terms.
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.
City ofQuincy/Quincy City Hospital, 145 MLC 1239, MUP-6490 (November 9, 1988). In these shared work situations, there is no obligation to bargain over every incidental variation in job assignments between unit and non-unit personnel. Rather, bargaining must occur only in situations where there is a calculated displacement of bargaining unit work. City of Boston, 10 MLC 1539, 1541, MUP-4967 (April 24, 1984).
Commonwealth of Nfassachusetts, 26 MLC 165, 168 (2000), (citing City ofQuincy, 17 MLC 1603 (1991)); Nfassachusetts Board of Regents of Higher Education, 10 MLC 1196 (1983). Repudiating a collectively-bargained agreement by deliberately refusing to abide by or to implement an agreement's unambiguous terms violates the Page 7 of14 duty to bargain in good faith. Town of Falmouth, 20 MLC 1555 (1994), afTd sub nom., Town of Falmouth v.
In the Matter of Melrose School Committee and AmyFitzpatrick, MUP-02-3549 Violation of Section 10 (a) (5) The Commission has held that the duty to bargain in good faith includes the duty to comply with collectively bargained agreements and agreements reached during the process of resolving grievances. to implement settlement City ofQuincy, 17 MLC 1603 (1991), Mass. Bd of Regents of Higher Education, 10 MLSC 1196 (1983).
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 of Gardner, supra; City ofQuincy, 13 MLC 1436 (1987). Town of Halifax, 19 MLC 1560, 1567-68 (H.O., 1992), aff'd in relevant part at 20 MLC 1320 (1993). Here, the School Committee has stipulated that it assigned bargaining unit work to nonbargaining unit members without notice to the Union or an opportunity to bargain. Stipulations, {{ 6-7, 12.
Commonwealth of Massachusetts, 26 MLC 165, 168, SUP-4281, SUP- 4324 (January 7, 2000), (citing City ofQuincy, 17 MLC 1603, MUP-6710 (March 20, 1991)). abide Repudiating by or to a collectively-bargained implement an agreement's agreement by deliberately refusing to unambiguous terms violates the duty to bargain in good faith. Town of Falmouth, 20 MLC 1555, MUP-8114 (May 16, 1994), affd sub nom. Town of Falmouth v.
City ofQuincy, Committee, 1 MLC Relations Commission, 13 when considered MLC 1436, in relation 1440 (1987) to the mission (citing Wellesley of the School 1389, 1403 (1975), affd_School Committee of Wellesley v. Labor impact a significant part of the public enterprise. Id. (citing Worcester School Committee, 3 MLC 1653, 1672 (1977)). 376 Mass. 112 (1978)).