Accordingly, absent definitive evidence that there was a change in the amount of work being done by non-unit workers, we are unable to conclude that the assignment of bargaining unit work to the welfare recipients was a unilateral transfer of bargaining unit work to non-bargaining unit personnel.[5] MUP-9876 City of Lawrence and Local 3, Fireman and Oilers, AFL-CIO (1997) REPUDIATION A public employers deliberate refusal to implement or to abide by

City of Lawrence, 23 MLC 213, 215, MUP-9876 (March 31, 1997). Here, it is not disputed that the volunteers are not members of the unit at issue, or that the tasks performed by the volunteers are those typically performed by the bargaining unit custodians. Thus, the Union satisfied the first element of this analysis.

City of Lawrence, 23 MLC 213, 215, MUP-9876 (March 31, 1997). There is no dispute thatwhile they may be qualified to do soA&R Division personnel do not perform painting and scraping themselves. Rather, as stated at the investigation and in the Charge, the Unions transfer of work allegation is specific to its role in hiring and supervising outside contractors.

City of Lawrence, 18 MCSR 22, 23 (2005) citing Doris v. Police Commissioner of Boston, 374 Mass. at 445 (1978). HRDs Verification of Applicants Residence Preference form, states: [P]ursuant to G.L. Chapter 31, Section 58 [a job applicant] [must] . . . maintain residence in the Appointing Authoritys community for a full year preceding the date of the examination. Residence means the principal place of domicile of the applicant.

City of Lawrence, 23 MLC 213, 215, MUP-9876 (March 31, 1997). The Unions allegations as to the DPW Facility fail at the first prong, because the Union has introduced no evidence that SENA employees performed snow removal at that location. At the investigation, the Union submitted two photos of an individual it alleged to be a SENA employee3 driving a Kubota plow during a snow event on February 25, 2022.

Commonwealth of Massachusetts 36, MLC 65, 68 (2009) (citing City of Lawrence, 27 MLC 57, 59 (2000)). A. Back pay remedy The City requests that the Department refrain from ordering back pay. on Section 11 of the Law and Therrien v.

record contains no evidence to establish Michauds knowledge of 16 the ground rules. 17 22 MLC 1636 (1996), the Board found that an individual selectman that did not sign a 18 collective bargaining agreement was not obligated to support a funding amendment for 19 anegotiated settlement. 20 In support of its position, the Town argues that in Town of Belmont, The Towns arguments are unavailing. 21 agents. 22 MLC 1403, 1410 n.7 (1985)). (23 The Town City

City of Lawrence, 31 MCSR 212 (2018); Duval v. Somerville, 30 MCSR 447 (2017); Morley v. Boston Police Dept, 29 MCSR 456 (2016); Michaud v. Town of Saugus, 28 MCSR 534 (2015). Procedural error, however, does not require overturning an appeal in every case. See Sherman v.

Number Matthew Bach 163 Glenwood Street, Malden, MA 02148 300 Canal Street, Unit 8318, Lawrence, MA 01840 978-749-0616 Julian DiGloria (c) 978-764-4970 Counsel for the Employee Organization: Rebecca Yee, Esq.

Murray Supervisor of Records March 5, 2021 SPR21/0499 Eugene Scanlon Officer, Keeper of the Records Lawrence Police Department 90 Lowell Street Lawrence, MA 01840 Dear Officer Scanlon: I have received the petition of Attorney Debbie Freitas of Freitas & Freitas, LLP appealing the nonresponse of the Lawrence Police Department (Department) to a request for public records. G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1).