City of Somerville v. Somerville Municipal Employee's Ass'n, 20 Mass.App.Ct. 594, 598, rev.den., 396 Mass. 1102 (1985), citing McLaughlin v. Commissioner of Pub.

Salem 22 As the Hearing Officer and the parties on appeal point out, the CERB addressed a similar instruction in City of Somerville, 47 MLC 59, MUP-17-5980 (October 2, 2020). In that decision, the employer conducted an investigation into a discussion in which the union president allegedly told the union vice president not to participate in a training that was the subject of a pending grievance.

prohibiting discussion of union 9 matters at roll call was unlawful when discriminatorily applied); City of Quincy, 23 MLC 10 201, MUP-9867 (March 3, 1997) (discriminatory denial of use of table outside cafeteria 11 held unlawful); Quincy School Committee, 19 MLC 1476, MUP-5951 (October 21, 1992) 12 (blanket policy prohibiting union solicitation held unlawful). 13 The CERB considered the issue of a confidentiality rule in a workplace 14 investigation in City

City of Somerville, MUP-17-5980, *12-*13 (Oct. 2, 2020). The DLR has ruled that, where an investigation seeks information about protected, concerted activity protected by Section 2, an employer violates the law if it forbids interviewees from discussing the investigation with anyone other than their Union representative or legal counsel. Id.

Salem 22 As the Hearing Officer and the parties on appeal point out, the CERB addressed a similar instruction in City of Somerville, 47 MLC 59, MUP-17-5980 (October 2, 2020). In that decision, the employer conducted an investigation into a discussion in which the union president allegedly told the union vice president not to participate in a training that was the subject of a pending grievance.

prohibiting discussion of union 9 matters at roll call was unlawful when discriminatorily applied); City of Quincy, 23 MLC 10 201, MUP-9867 (March 3, 1997) (discriminatory denial of use of table outside cafeteria 11 held unlawful); Quincy School Committee, 19 MLC 1476, MUP-5951 (October 21, 1992) 12 (blanket policy prohibiting union solicitation held unlawful). 13 The CERB considered the issue of a confidentiality rule in a workplace 14 investigation in City

City of Somerville, MUP-17-5980, *12-*13 (Oct. 2, 2020). The DLR has ruled that, where an investigation seeks information about protected, concerted activity protected by Section 2, an employer violates the law if it forbids interviewees from discussing the investigation with anyone other than their Union representative or legal counsel. Id.

Dept. of Correction, 6 MCSR 76 (1993)(directing the Personnel Administrator to file a petition for relief on behalf of an Appellant); City of Somerville and IAFF, Local 1240, AFL-CIO, on behalf of certain firefighters in the City of Somerville v. Department of Personnel Administration, 7 MCSR 134 (reviving expired eligibility list); and Conley v.

See, e.g., City of Somerville, MUP-14-4083 (Oct. 12, 2016) (finding no obligation to bargain where union presented only subjective opinions about perceived risks rather than objective facts and the possibility of danger to officers as a result of employers decision to change locations of officer parking lots); Town of West Springfield, MUP-07-4951 (Feb. 21, 2013) (no duty to bargain impacts of decision to require firefighters to inspect and maintain

City of Somerville v. C.E.R.B., 470 Mass. 553, 558 (2015); Chief Justice of Admin. of Trial Ct. v. C.E.R.B., 79 Mass. App. Ct. 374 (2011) (employer not required to bargain about matters of court security, including deployment of staff). As these cases reflect, the Legislature may exclude topics from collective bargaining by conferring specific authority on a public employer or expressly exempting topics from the collective bargaining process.

See City of Somerville v. Somerville Mun. Emps. Ass'n, 451 Mass. 493, 500 (2008). 6

See Commonwealth of Massachusetts, 30 MLC 156, 157 (2004); Board of Trustees, University of Massachusetts, 8 MLC 1385, 1389 (1981); Whittier Regional School Committee, 6 MLC 1182, 1184 (1979); City of Somerville, 1 MLC 1234, 1236 (1975)). Here, the Local Building Inspector position has been in existence through the certification of two unions, and was not included either time.

City of Somerville v. Somerville Municipal Employees Assn, 20 Mass.App.Ct. 594, 598, 481 N.E.2d 1176, 1180-81, rev.den., 396 Mass. 1102, 484 N.E.2d 103 (1985) citing McLaughlin v. Commissioner of Pub. Works, 204 Mass. 27, 29, 22 N.E.2d 613 (1939).

City of Somerville, 424 F.Supp.2d 329 (D.Mass. 2006). These two cases involved employers who rejected applicants because they had a military service obligation that precluded them from commencing employment on a date selected by the employer.

City of Worcester, 438 Mass. at 185; City of Somerville, 42 MLC 170, 171, MUP-13-2977 (Dec. 30, 2015). However, the CERB recognizes a narrow exception that permits the employer to satisfy its bargaining obligation after implementing a change where 8 Complaint and Partial Dismissal (cont'd) SUP-21-8880 circumstances beyond the employers control require immediate action.

Ct. 91 (2009) (finding EOAF not obligated to bargain over taxation decision where it had no discretion over obligation to comply with tax law); Board of Regents of Higher Education, 19 MLC 1248, 1265 (1992) (noting decision made by the Legislature as a third party), and City of Somerville, 19 MLC 1795, 1799 (1993).

COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF SOMERVILLE AND FIREFIGHTERS ASSOCIATION OF SOMERVILLE, LOCAL 76 FIRE SUPPRESSION UNIT JULY 1, 2004 - JUNE 30, 2007 JULY 1, 2007 JUNE 30, 2010 JULY 1, 2010 JUNE 30, 2012 JULY 1, 2012 JUNE 30, 2015 1 TABLE OF CONTENTS ARTICLE PAGE PREAMBLE 4 ARTICLE I RECOGNITION... 4 ARTICLE II PAYROLL DEDUCTIONS OF DUES AND AGENCY SERVICE FEES 4 ARTICLE III ASSOCIATION ACTIVITY 5 ARTICLE IV GRIEVANCE AND ARBITRATION