CITY OF WORCESTER, Respondent CITY OF SOMERVILLE, Respondent DECISION Pursuant to G.L. c. 31, 2(b) and/or G.L. c. 7, 4H, a Magistrate from the Division of Administrative Law Appeals (DALA), was assigned to conduct a full evidentiary hearing regarding this matter on behalf of the Civil Service Commission (Commission).

Town of Saugus, 28 MLC 13, 17, MUP-2343 (June 15, 2001); City of Somerville, 23 MLC 256, 259, MUP-8160 (May 2, 1997). Rather, the employer is only required to bargain if there is a calculated displacement of unit work.

City of Somerville, 424 F. Supp. 2d 329, 332-333 (D.

have executed a collective bargaining agreement demonstrating an intent to exclude the petitioned-for position, unless the job Commonwealth _ of materially. changed have duties of the position Massachusetts, 30 MLC 156, CAS-03-3539, CAS-03-3540 (May 27, 2004) (citing Board of Trustees, University of Massachusetts, 8 MLC 1385, 1389, CAS-2303 (October 20,1981); Whittier Regional School Committee, 6 MLC 1182, 1184, MUP-3247, CAS-2267 (June 12, 1979); City

CAS-03-3551, City of Somerville, 1 MLC at 1236. The disputed positions have been in existence for over 30 years. This petition is not the first petition in which NAGE has sought to accrete these positions. In 2003, Case NO. CAS-03-3539 and CAS-03-3540 were filed by NAGE seeking to accrete the management series I-VI. In that case, the CERB found that in Case NO.

City of Somerville v. Commonwealth Relations Board, 470 Mass. 563, 572 (2015). Employment Section 7(d) provides that the terms of a collective bargaining agreement prevail over the contrary terms of the statutes expressly enumerated in Section 7(d). Id. (citing Adams v.

Compare City of Somerville, 470 Mass. 563, 572 (2015) (municipalities contributions to retirees health insurance premiums is not.a mandatory subject of bargaining because Legislature expressly conferred authority to the municipalities over the provisions of this benefit), and City of Somerville, 451 Mass. 493, 498 (2008) (specific statutory authority of mayor trumps collective bargaining provision concerning the appointment of a veterans agent), with

City of Somerville v. SMEA, 80 Mass. App. Ct. 686, 688-89 (2011) (citations and internal quotation marks omitted). In reconciling Chapter 31 with the Law, the Hearing Officer should attemp[t] to read the civil[-]service law and the collective[-]bargaining law . . . as a harmonious whole. Id. at 689 (citations and internal quotation marks omitted).

City/town, State, ZIP Code Somerville MA 02145 LABOR RELATIONS REPRESENTATIVE 24. Name Ross Parlon 25. Title President 1 26. Address 17 Cypress Rd. 30. Telephone Number 508-463-8196 27,28,29. City/town, State, ZIP Code Holbrook MA 02343 33. FAX Number 31. E-mail Address rparlon@live.com 32. Firm/Organization Name McAuliffe Faculty and Staff Union Full description of the bargaining unit including job titles 34.

Fax Number Address (street and No., city/town, state, and ZIP code) 80 Webster Avenue, #2K, Somerville, MA 22. 18. Representative to contact 02143 The Charging Party is an: L] Individual | Employee Organization Employer DECLARATION | have read the above charge of prohibited practice and swear under the pains and penalties of perjury that the information contained in it is true and complete to the best of my knowledge and belief.

Fax Number 30 Memorial Road, Somerville, MA 02145 617-623-8752 7. 8a. No. of employees in Unit Unit involved (attached additional sheets if necessary) Included Somerville Housing Authority Maintenance 33 8b. Are any of the employees included in the unit currently represented?

Fax Number 34 Electric Avenue, Unit 2, Somerville, MA 02144 24. * * * Questions 24 and 24a relate only to Petitions filed pursuant to M.G.L. c.150E * * * If the Petitioner is an Employee organization, has the Petitioner complied with the 24a. Last Date of Filing filing requirements of M.G.L. c.150E, 13 and 14?

, MA 02145 Framingham MA, 01701 Braintree, MA 02184 Millbury, MA 01527 Framingham, MA 01702 Framingham MA, 01702 Somerville MA, 01702 Somerville, MA 02144 Framingham, MA 01702 Framingham, MA 01702 Framingham, MA 01702 Samir B.