Commn, 78 Mass.App.Ct. 182, 187 (2010) (quoting City of Leominster v. Stratton, 58 Mass.App.Ct. 726, 728, rev. den., 440 Mass. 1108 (2003)).

See also City of Leominster v. Stratton, 58 Mass.App.Ct. 726, 728, rev.den., 440 Mass. 1108 (2003); Police Dept of Boston v. Collins, 48 Mass.App.Ct. 411, rev.den., 726 N.E.2d 417 (2000); McIsaac v. Civil Service Commn, 38 Mass.App.Ct. 473, 477 (1995); Town of Watertown v. Arria, 16 Mass.App.Ct. 331, rev.den., 390 Mass. 1102 (1983).

Ct. 331 (1983) and City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). G.L. c. 71 37G (a)-(c) provide, in pertinent part: (a) The power of the school committee or any teachers or any other employee or agent of the school committee to maintain discipline upon school property shall not include the right to inflict corporal punishment upon any pupil.

City of Leominster, 23 M.L.C. 62, 66 (1996)(citing Hanson School Committee, 5 M.L.C. 1671(1979)). While BPS clearly evidenced its desire to reach agreement with the Union in continuing to meet for discussions regarding a successor agreement, it was not willing to compromise its position at mediation or fact-finding.

MUP-8959, MUP8960, 23 MLC 71, 71 (1996); City of Leominster, Nos. MUP-8528, MUP-8530, MUP-8534, MUP-8535, 23 MLC 62, 66 (1996)). Although a partys good faith expression of desire to continue bargaining is evidence to be considered, the Department must ultimately determine whether there is a likelihood of further movement by either side and whether the parties have exhausted all possibility of compromise.

City of Leominster, 23 MLC 62, 66, MUP-8534, MUP-8535 (August 7, 1996) (citing Hanson School Committee, 5 MLC 1671, MUP-2196 (February 27,1979)).

City of Leominster, 22 MCSR 118, 126 (2009). I accord considerable weight to the fact that none of the five restraining orders filed against the Appellant by his estranged former domestic partner were extended past the initial temporary order. Each of the restraining orders were granted without the Appellant being present before a judge. In addition, all the ex parte orders were filed by the same person, Ms.

City of Leominster, 17 23 MLC 62, 66, MUP-8534, MUP-8535 (August 7, 1996) (citing Hanson School 18 Committee, 5 MLC 1671, MUP-2196 (February 27,1979)). 19 determining whether impasse has been reached include: bargaining history, the good 20 faith of the parties, the length of negotiations, the importance of the issues to which there 21 is disagreement, and the contemporaneous understanding of the parties concerning the 22 state of negotiations.

City of Leominster, 23 MLC 62, 66 (1996) (citing Hanson School Committee, 1671 determining in whether terms impasse and an of in changes of concluding conditions considered implement the prospects (1979)).

Ashburnham- Westminster Regional School 29 Westborough, 25 81, MLC District, 88 (1997); MLC 191, 195 City of Leominster, (2003) (citing Town MLC at 66)). Impasse 23 _of exists only where both parties have bargained in good faith on negotiable issues to the point where it is clear that further negotiations would be fruitless, because the parties are deadlocked.

The Employer will submit the monies by the tenth (10 th ) day of the following month to the U n i o n a t t h e f o l l o w i n g a d d r e s s 1 4 9 M e c h a n i c S t r e e t , Leominster, MA 01453. 2.2 All members of the bargaining unit who are not members of the Union shall be required to pay the Union Agency Fee, unless they become members of the union within 30 days of hiring.