Mass.G.L.c. 151B proscribes discrimination in employment, housing and credit services transactions, and is enforced by the Massachusetts Commission AgainstDiscrimination (MCAD). M.G.L.151B, 4(9) provides: It shall be an unlawful practice. .
He stated that the Massachusetts Commission AgainstDiscrimination (MCAD) guidelines state that in order to create a hostile work environment the conduct must be hostile, intimidating, humiliating or offensive both from an objective and subjective perspective, and the alleged conduct must be pervasive and severe. This appears to be an isolated incident with the fellow employees father.
the grievance may be changed. 15 Definition Any claim or complaint by the Union or one or more members thereof that there has been a violation, misrepresentation or misapplication of this Agreement relating to wages, hours or other conditions of employment shall be a grievance, but matters covered by application law or by regulation of any agency having jurisdiction over the parties hereto shall not be deemed a grievance (i.e. the Massachusetts Commission
The probationary period shall be for six working months and an additional three-month extension if needed; d) any incident which occurred or failed to occur prior to the effective date of this Agreement; e) notwithstanding any other provisions of this Agreement to the contrary, issues subject to Retirement Board, Civil Service Commission, Massachusetts Commission AgainstDiscrimination (MCAD), Department of Industrial Accidents, Labor Relations Commission
Section 4: Enforcement of this article shall exclusively be by the filing of a charge of discrimination or prohibited practices with the state's Commission AgainstDiscrimination or Labor Relations Commission, but not as a grievance. 3|Page ARTICLE 4 - MANAGEMENT RIGHTS Nothing in this Agreement shall limit the Town in the exercise of its function of management and in the direction and supervision of the Town's business.
shall be defined as an actual dispute arising as a result of the application or interpretation of one or more express terms of this Agreement provided, however, that any matter arising under the purported exercise of a management right pursuant to Article II of this Agreement, any matter reserved to the discretion of the Town by the terms of this Agreement, or any matter presented to the Equal Employment Opportunity Commission or the Massachusetts Commission
If the employee chooses to arbitrate such a claim, as a condition precedent to submitting the matter to arbitration, the employee shall sign and give to the Town, on a form prepared by the Town, a waiver of any and all rights to appeal the disciplinary or termination action to any other forum, including the Labor Relations Commission and/or the Commission AgainstDiscrimination.
If the employee chooses to arbitrate such a claim, as a condition precedent to submitting the matter to arbitration, the employee shall sign and give to the Town, on a form prepared by the Town, a waiver of any and all rights to appeal the disciplinary or termination action to any other forum, including the Labor Relations Commission and/or the Commission AgainstDiscrimination.
The Appellant also filed a separate complaint filed with the Massachusetts Commission AgainstDiscrimination (MCAD) which would be the appropriate forum for any further adjudication of that issue. (Resp.Exh.2) CONCLUSION For the reasons stated herein, this appeal of the Appellant, Matthew Botelho, under CSC Docket Number. G2-23R-193, is denied. Civil Service Commission /s/Paul M. Stein Paul M.