Sweeney, Esquire 311 Village Green North, Suite A4 Plymouth, MA 02360 Administrative Magistrate: Judithann Burke CASE SUMMARY The Appointing Authority, Worcester Public Schools, proved that there was just cause to terminate the employment of the Appellant, a Bus Driver.

See Town of Plymouth 26 MLC 220 (2000). A date certain for the conclusion of bargaining was lawfully required. The deadline for the conclusion of negotiations was not set by the MWRA but was rather created by the legislature. The Statute as enacted by the legislature set forth a mandatory date for the initiation of the collection of deductions for the funding of the program.

Town of Plymouth, 40 MLC 209, 212, MUP-11-1069 (January 30, 2014). If an opportunity to bargain is presented but no request is made, the union by its inaction may waive its right to bargain. Id. at 211 (citing Town of North Andover, 1 MLC 1103, 1107, MUP-529 (September 3, 1974). | find that the Union waived by inaction its right to bargain over the Narcan policy.

See, e.g., Town of Plymouth, 26 MLC 220, 223, MUP-1465 (June 7, 2000): City of Fall River, 20 MLC 1352, 1358, MUP-7659 (January 6, 1994). The Board will not lightly infer a waiver of the right to bargain over a mandatory subject of bargaining. Whitman-Hanson Regional School Committee, 10 MLC 1283, 1285, MUP-5170 (October 28, 1983).

See, e.g., Town of Plymouth, 26 MLC 220, 223, MUP-1465 (June 7, 2000): City of Fall River, 20 MLC 1352, 1358, MUP-7659 (January 6, 1994). The Board will not lightly infer a waiver of the right to bargain over a mandatory subject of bargaining. Whitman-Hanson Regional School Committee, 10 MLC 1283, 1285, MUP-5170 (October 28, 1983).

See, e.g., Town of Plymouth, 26 MLC 220, 223, MUP-1465 (June 7, 2000): City of Fall River, 20 MLC 1352, 1358, MUP-7659 (January 6, 1994). The Board will not lightly infer a waiver of the right to bargain over a mandatory subject of bargaining. Whitman-Hanson Regional School Committee, 10 MLC 1283, 1285, MUP-5170 (October 28, 1983).

See, e.g., Town of Plymouth, 26 MLC 220, 223, MUP-1465 (June 7, 2000): City of Fall River, 20 MLC 1352, 1358, MUP-7659 (January 6, 1994). The Board will not lightly infer a waiver of the right to bargain over a mandatory subject of bargaining. Whitman-Hanson Regional School Committee, 10 MLC 1283, 1285, MUP-5170 (October 28, 1983).

See, e.g., Town of Plymouth, 26 MLC 220, 223, MUP-1465 (June 7, 2000): City of Fall River, 20 MLC 1352, 1358, MUP-7659 (January 6, 1994). The Board will not lightly infer a waiver of the right to bargain over a mandatory subject of bargaining. Whitman-Hanson Regional School Committee, 10 MLC 1283, 1285, MUP-5170 (October 28, 1983).

See, e.g., Town of Plymouth, 26 MLC 220, 223, MUP-1465 (June 7, 2000): City of Fall River, 20 MLC 1352, 1358, MUP-7659 (January 6, 1994). The Board will not lightly infer a waiver of the right to bargain over a mandatory subject of bargaining. Whitman-Hanson Regional School Committee, 10 MLC 1283, 1285, MUP-5170 (October 28, 1983).

Town of Plymouth, 26 MLC 220, 223, MUP-1465 (June 7, 2000). I find that these criteria were satisfied. The ongoing pandemic is beyond the control of the City. As the Commonwealth Employment Relations Board (CERB) found in State Police Association of Massachusetts, SUP-21-8836 (Review of Probable Cause Decision, slip op.

See Town of Plymouth, 26 MLC 224, 234, MUP-1465 (June 7, 2000) (employers setting a deadline for complying with a federal drug testing rule that was ten months after the date mandated by the federal rule rendered illogical the Towns argument that circumstances beyond its control required it to implement the policy before reaching resolution or impasse).

See Town of Plymouth, 39 MLC 203, 204 (2013). To establish a unilateral change violation, a charging party must show that (1) the respondent has changed an existing practice or instituted a new one; (2) the change affected employee wages, hours, or working conditions; and (3) the change was implemented without prior notice or opportunity to bargain. See Town of Plymouth, 40 MLC 209, 210 (2014).

Bushey, hereby certify that I caused a copy of the foregoing to be mailed this date via first class mail, postage prepaid, to Charles DiPirro at 11 Megansett Dr., Plymouth MA 02360. Dated: June 12, 2015 oe cr Renee J. Bushey Sha C) =

Sweeney, P.C. 311 Village Green North Suite A4 Plymouth, MA 02360 Commissioner: Christopher Bowman DECISION ON RESPONDENTS MOTION TO DISMISS Procedural and Factual Background Pursuant to G.L. c. 31, 2 (b), the Appellant, John Caporelli, Jr.