Municipal Ct. of the City ofBoston, 359 Mass. 214 (1971). In determining whether the Appointing Authority had reasonable justification to take the action of bypassing the Appellant, the Commission must consider the fundamental purpose of the Civil Service System which is to protect against overtones of political control, objectives unrelated to merit standards and assure neutrally applied public policy.
Municipal Ct. of the City ofBoston, 359 Mass. 211, 214 (1971). In making that analysis, the commission must focus on the fundamental purposes of the civil service system to guard against political considerations, favoritism, and bias in governmental employment decisions, including, of course, promotions, and to protect efficient public employees from political control. Id.
Municipal Ct. of the City ofBoston, 359 Mass 214 (1971). A preponderance of the evidence test requires the Commission to determine whether on the basis of the evidence before it, the Appointing Authority has established that the reasons assigned were more probably than not sound and sufficient. Mayor of Revere v. Civil Service Commission, 31 Mass. App. Ct. 315 (1991).
City ofBoston, 35 MLC 137, 140 (2008). The position of Deputy Athletic Director is not an uncommon title within collegiate athletic programs. Indeed, the functions of these Deputy Directors are not new to the University, however they are newly contested titles for the bargaining unit.
City ofBoston, 26 MLC 144, 147, MUP-1085 (March 10, 2000). Here, non-union substitutes, members of Unit B, and members of Unit A have traditionally performed substitute duties. Additionally, Article XXIV of the Unit B CBA does not give Unit B exclusive rights to substitute work.
See City ofBoston, 8 MLC 1872, 1875, MUP-3994 (February 25, 1982) (employees activity is protected if it focuses on generally applicable terms and conditions of employment that impact the bargaining unit as a whole). Similarly, probable cause exists to believe that the Employer took adverse action against Demers.
City ofBoston 33 MLC 1 (2006). As discussed below, the district was permitted to implement its proposed changes due not only to exigent circumstances, but also after the CTA waived its opportunity to bargain by willfully engaging in obstructionist behavior. In support of its Charge, the Association makes the following allegations, none of which are supported by the evidence: The district engaged in perfunctory and substanceless bargaining.
City ofBoston. The parties agree that the Town may choose to pay the full amount of the 108L educational incentive, if it determines in its sole discretion and judgment, that it is in the best interest of the Town to do so.
Outsourcing/subcontracting subject of bargaining. 26 MLC City ofBoston, 144, MUP-1085 is a mandatory (March 10, 2000). Therefore, standing alone, an employer does not violate the Law by making a proposal concerning subcontracting. However, the Union argues that the School Committees proposal, when combined with the conduct described above, is indicative of bad faith and surface bargaining.
HURLEY BUILDING 19 STANIFORD STREET 1s FLoor, Boston, MA 02114 CHARLES D. BAKER PHONE: (617) 626-7132 COMMONWEALTH EMPLOYMENT RELATIONS BOARD GOVERNOR Fax: (617) 626-7157 MARJORIE F. WITTNER KARYN E. POLITO LIEUTENANT GOVERNOR efile.dir@state.ma.us www.mass.gov/dir CHAIR KATHERINE G. LEV BoarRD MEMBER December 20, 2016 Case No.: MUP-16-5542 & MUP-16-5186 Charging Party: Newton School Custodians Assoc.
Hurley Building 19 Staniford Street, Boston, MA 02114 Re: and 30, 2016 a 1st Floor DLR Agent Date Newton Public School Custodians Association Newton School Committee DLR Case No. MUP-16-5542 Dear Mr. Srednicki: On behalf of the Newton Public School Custodians Association, I request an extension to submit agreed-upon dates for the scheduling of the hearing in the above-referenced matter until January 6, 2017.
Morgan, Brown & Joy, LLP 200 State Street Boston. MA 02109-2605 6. Employee Organization (if any): 7. Newton Public School Representative to contact 9. 10. Canzoneri, 352 Turnpike Road. Suite 310. Southborough. MA Telephone Number 508 485 6600 Address (street and No., cityftown, state, and ZIP code) McDonald Lamond Fax Number 617-977-9178 Alan J. McDonald Custodians Association 8.
Donoghue, BBO No. 130140 ldonoghue@morganbrown.com Morgan, Brown & Joy, LLP 200 State Street, II th Floor Boston, MA 02109 Telephone: 617-523-6666 Dated: May 16,2017 3 CERTIFICATE OF SERVICE I hereby certify that on this 16th day of May, 2017, I served a copy of the foregoing Respondent's Answer to Complaint, via electronic mail to: James Lamond, Esq., McDonald Lamond Canzoneri 352 Turnpike Road, Suite 310 Southborough, MA 01772-1756 Email: jlamond
City ofBoston/BPL, 40 MLC 93 (2013)(H.O., citing Coastal Electric Cooperative, 311 NLRB 1126, 1127 (1993). 6 Differences those things they must make reasonable efforts to compromise on in this context logically refers to the proposals they have made to the other side but on which the parties have not been able to agree.
Donoghue MORGAN, BROWN & JOY, LLP 200 State Street Boston, MA 021 09 Tel: (617) 523-6666 ldonoghue@morganbrown.com October 17,2017 Table of Contents INTRODUCTION .............................................................................................................................................1 STATEMENT OF FACTS ...............................................................................................................................