Hurley Building 19 Staniford Street, I ' 1 Floor Boston, MA 02114 RE: KATHY NAGLE SARAH B. KELLEY MUP-18-7008 Framingham School Comm. Dear Director Roberts: This letter constitutes the response of the Charging Party Framingham Teachers Association ("FTA") to the Department's notice to address whether deferral in this matter. For the reasons set forth below, deferral is not appropriate in this matter.
BAKER BUILDING COMMONWEALTH 19 STANIFORD STREET 15' FLOOR, BOSTON, MA 02114 F. HURLEY RELATIONS BOARD PHONE: (617) 626-7132 GOVERNOR re KARYN E. POLITO - (617) 626-7157 3 626-715 KATHERINE G. LEV www.mass.gov/dir JOAN ACKERSTEIN etile.alr@mass.gov LIEUTENANT GOVERNOR MARJORIE F. WITTNER BoaRD MEMBER PHILIP T. ROBERTS BOARD MEMBER DIRECTOR NOVEMBER 28, 2018 Laurie Houle, Esq. Mass.
Fax Number Morgan, Brown & Joy, LLP, 200 State St, 11A, Boston, MA 02109 6. Employee Organization (if any): Framingham Teachers Association 8. 7. Representative to contact 9. Telephone Number Laurie Houle 617-878-8289 Address (street and No., city/town, state, and ZIP code) MTA, 2 Heritage Drive, 8th Floor, Quincy, MA 02171 10. Fax Number 617-248-6921 11. This charge is filed against (check one) 12.
Rogers, Director Department of Labor Relations Hurley Bldg. 19 Stanford Street, 1*' Floor Boston, MA Re: 02114 = MUP-18-7008 Framingham School Committee and Framingham Teachers Association Dear Mr. Rogers: I represent the Framingham School Committee in the above-referenced matter.
Srednicki Executive Secretary Commonwealth of Massachusetts Department of Labor Relations 19 Staniford Street - 1st floor Boston, MA RE: 02114 East Bridgewater Education Association and Town of East Bridgewater and East Bridgewater School Committee MUP-07D-5095 / MUP-07D-5115 Dear Mr.
Hurley Building 19 Staniford Street, 1st Floor Boston, MA 02114 Re: East Bridgewater Education Association and Town of East Bridgewater and the East Bridgewater School Committee MUP-07D-5095/MUP-07D-5115 Dear Mr. Srednicki: The Employers in the above-referenced matter hereby request permission to file the enclosed Employers Response to the Unions submission.
Legal Advisor City ofBoston - Public Schools 2300 Washington Street, 4th Floor Roxbury, MA 02119 Dear Attorney Ocasio: I have received the petition of Jan Ransom of The Boston Globe appealing the July 26, 2016 response of the Boston Public Schools (BPS) to two June 28, 2016 requests for public records. G. L. c. 66 lO(b); see also 950 C.M.R. 32.08(2). In a March 17, 2016 request Ms.
City ofBoston, 26 MLC 177, 181 (2000). In the instant action, the Union has failed to establish the first element of a unilateral change allegation. The information presented at the in-person investigative conference demonstrates that prior to July 29, 2010 no consistent practice for disciplining employees existed.
City of Boston, 32 MLC 4, MUP-2749, MUP-01-2892 (June 24, 2005) (applying 6 the Danvers balancing test, the CERB decided that a public employer's decision to 7 prioritize law enforcement details directly implicates the employer's ability to set its law 8 enforcement priorities and, therefore, it does not constitute a mandatory subject of 9 bargaining); City of Newton, 46 MLC 21, MUP-16-5532 (August 20, 2019)(a public 10 employer has a nonbargainable
City of Boston, 32 MLC 4, MUP-2749, MUP-01-2892 (June 24, 2005) (applying 6 the Danvers balancing test, the CERB decided that a public employer's decision to 7 prioritize law enforcement details directly implicates the employer's ability to set its law 8 enforcement priorities and, therefore, it does not constitute a mandatory subject of 9 bargaining); City of Newton, 46 MLC 21, MUP-16-5532 (August 20, 2019)(a public 10 employer has a nonbargainable
Boston School Committee, 2014 MLRC LEXIS 26, at *11, MUP-13-2551 (June 6, 2014) (citing City ofBoston, 29 MLC at 125). Instead, bargaining is only required where there has been a calculated displacement of bargaining unit work. Id. On these facts, any attempt by the Association to claim a displacement of bargaining unit work must fail.
Quincy School Committee, 27 MLC at 91 (citing City ofBoston, 8 MLC 1281, 1284, MUP-3891 (August 17, 1981)). A public employer violates Section 10(a)(3) of the Law by retaliating or discriminating against an employee who engages in activity protected by Section 2 of the Law. Southern Worcester Regional Vocational School District v. Labor Relations Commission, 386 Mass. 414 (1982); School Committee of Boston v.
City ofBoston, 35 MLC 289, 291, MUP-04-4077, (May 20, 2009) (citing MacCormack v. Boston Edison Co., 423 Mass. 652, 662 (1996)) (plaintiff failed to establish adverse action element of a prima facie case of unlawful retaliation when there was no evidence that he had been disadvantaged in some way)). Cf. Warren Yee v. Massachusetts State Police, 481 Mass. 290, 295-296 (2019) (quoting Psy-Ed Corp. v.
City ofBoston, 35 MLC 289, 291, MUP-04-4077 (May 20, 2009) (citing Trustees of Forbes Library, 384 Mass. 559, 565-566 (1981)). Finally, if the employer produces one or more lawful reasons for taking the adverse action against the employee, the charging party 29 must establish that "but for" the protected activity, the employer would not have taken the adverse action. Trustees of Forbes Library, 384 Mass. at 565-566. b.
City ofBoston, 17 MLC 1546, 1558, MUP-7704 7 (February 27, 1991). 8 In City of Somerville, the CERB also recognized that there are circumstances 9 under which an employer can restrict employee communications about an internal 10 investigation to protect the integrity of the investigation. 47 MLC at 62, fn. 9 (citing Globe 11 Newspaper Company v.
Any questions concerning this notice or compliance with its provisions may be directed to the Department of Labor Relations, Lafayette City Center, 2 Avenue de Lafayette, Boston, MA 02111 (Telephone: (617) 626-7132).
Segal Roitman, LLP 33 Harrison Ave, 7th Floor Boston, MA 02111 (617) 899-1382 jjones@segalroitman.com Dated: January 8, 2021 CERTIFICATE OF SERVICE I have filed this document by E-File, and copied Robert Hillman, Esq., opposing counsel, on this filing by sending this document by email to Robert.Hillman@VDHBoston.com on January 8, 2021. /s/ Jocelyn Jones Jocelyn Jones 40
See also Massachusetts Teachers Association, 39 MLC 233, 237 (2013), citing City ofBoston, 10 MLC 1120, 1133 (1983) (Under Board precedent, the six-month period of limitations begins to run when the charging party knew or should have known of the alleged violation.) (Emphasis in original.) In determining the date triggering accrual, the inquiry focuses on either the first event likely to put the plaintiff on notice ....
Representative to contact 4, Telephone Number John Marra, Esquire 617-878-9776 Address (street and No., city/town, state, and ZIP code) 1 Ashburton Place, Boston, MA 6. 02108 | Employee Organization (if any): 617-727-1477 7. Representative to contact MOSES Ann M. Looney Address (street and No., city/town, state, and ZIP code) 8. 5. Fax Number 90 No. Washington Street, 3d Floor, Boston, MA 02114 9. Telephone Number 617-367-2727 10.