Counsel Address (street and no., city/town, state, and ZIP code) | Telephone Number 7 Bedford Street, Burlington, MA 01803 781-425-7866 CERTIFICATE OF SERVICE | hereby certify that | have served a copy of this Charge of Prohibited Practice on the following representative of the opposing party.

CITY OF BEVERLY AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, STATE COUNCIL 93, LOCAL #2894 (SCHOOL CUSTODIANS) Michael Collins Date__ /O-22-/5 Michael Gendron Date _542/ Lis ew QL Dura ene 880541v1 soferfe Dena Fleno Staff Representative AFSCME Council 93 7 Bedford Street Burlington, MA 01803 Dear Ms.

Masconomet Regional School Committee, 36 MLC 119, 120 (2010) (citing Town of Burlington, 35 MLC 18, 26 (2008); [Allied Chemical & Alkali Workers, Local 1 v. ] Pittsburgh Plate Glass, 404 U.S. 157, 180 (1971)).

City of Malden, retirement benefits of existing bargaining bargaining. 23 MLC 181, unit members 184 (1997). are a mandatory The future subject of City of Somerville and Somerville School Committee (City of Somerville), MUP-09-5613, MUP-09-5614, MUP-09-5735, MUP-10-5765, MUP-10-5766, MUP-10- 5833, slip. op. at 7 (October 19, 2011) (citing Masconomet Regional School Committee 36 MLC 119, 120 (2010)); Town of Burlington, 35 MLC Glass, 404 US. 157, 180

Masconomet Regional School Committee, 36 MLC 119, 120 (2010) (citing Town of Burlington, 35 MLC 18, 26 (2008); [Allied Chemical & Alkali Workers, Local 1 v. ] Pittsburgh Plate Glass, 404 U.S. 157, 180 (1971)).

City of Malden, retirement benefits of existing bargaining bargaining. 23 MLC 181, unit members 184 (1997). are a mandatory The future subject of City of Somerville and Somerville School Committee (City of Somerville), MUP-09-5613, MUP-09-5614, MUP-09-5735, MUP-10-5765, MUP-10-5766, MUP-10- 5833, slip. op. at 7 (October 19, 2011) (citing Masconomet Regional School Committee 36 MLC 119, 120 (2010)); Town of Burlington, 35 MLC Glass, 404 US. 157, 180

Masconomet Regional School Committee, 36 MLC 119, 120 (2010) (citing Town of Burlington, 35 MLC 18, 26 (2008); [Allied Chemical & Alkali Workers, Local 1 v. ] Pittsburgh Plate Glass, 404 U.S. 157, 180 (1971)).

City of Malden, retirement benefits of existing bargaining bargaining. 23 MLC 181, unit members 184 (1997). are a mandatory The future subject of City of Somerville and Somerville School Committee (City of Somerville), MUP-09-5613, MUP-09-5614, MUP-09-5735, MUP-10-5765, MUP-10-5766, MUP-10- 5833, slip. op. at 7 (October 19, 2011) (citing Masconomet Regional School Committee 36 MLC 119, 120 (2010)); Town of Burlington, 35 MLC Glass, 404 US. 157, 180

Esposito, BBO # 672638 Dwyer, Duddy and Esposito Attorneys at Law, P.C. 25 Burlington Mall Road, Suite 411 Burlington, MA 01803 p: (781) 359-9777 f: (781) 272-8692 mje@dwyerd.com Date: October 8, 2014 1 In the instant case, of course, the School Committee has not even attempted to argue that the sought-after documents should be exempted from disclosure under either the Public Records Law or chapter 150E. 2 CERTIFICATE OF SERVICE I hereby certify that

Dwyer, Duddy and Esposito, 25 Burlington Mall Rd, S. 411, Burlington, MA 01803 9. Telephone Number 781-359-9777 10. Fax Number | 781-272-8692 11. This charge is filed against (check one) 12.

Dwyer Dwyer, Duddy and Esposito Burlington Mall Road Burlington, MA by First Class Mail, this 25" day of September 2014. AGA AAD? Andrea L. Brown

North Shore Coordinator AFSCME Council 93 7 Bedford Street Burlington, MA 01803 Office: (781) 425-7867 Cell: (617) 407-9899 emckenna@afscme93.org Like Us on Facebook Follow us on Twitter www.afscme93.orq Text 93 to 237263 to receive periodic updates and important notices from your union.

Town of Burlington, 35 MLC 18, 25, MUP-04-4157 (June 30, 2008), aff'd sub nom., Town of Burlington_v. Commonwealth Employment Relations Board, 85 Mass. App. Ct. 1120 (May 19, 2014); Commonwealth of Massachusetts, 27 MLC 1, 5, SUP4304 (June 30, 2000).

Town of Burlington, 60 Mass. App. Ct. 914, 915 (2004). 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, 14 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). An appointing authority should be able to enjoy more freedom in deciding whether to appoint someone as a newofficer than in disciplining an existing tenured one. City of Attleboro v. Mass. Civil Serv. Commn, BRCV2011-00734 (MacDonald. J.) citing Beverly at 191.