Town of Randolph, 36 MCSR 72 (2023) (three-year history of untreated alcohol abuse by police officer); Muth v City of Leominster, 24 MCSR 349 (2011), affd, 84 Mass. App. Ct. 1105 (2013) (Rule 1:28) (firefighter with longstanding problems with alcohol under Last Chance Agreement terminated after subsequent arrest for OUI); Alves v. Fall River School Comm, 22 MCSR 4 (2009) (addressing history of untreated alcohol related absences); Smith v.

See G.L. c, 150E, 7; see e.g, City of Leominster v. International Brotherhood of Police Officers, Local 338, et. al., 33 Mass.App.Ct, 121 (1992).

Ct. 404, concerning provisional 410 (2004) (provisions Compare City of Fall River, 61 of collectively agreement bargained employees does not conflict with M.G.L. c.31, 41 because they are designed to address different issues) with City of Leominster, 33 Mass. App.

To prove waiver by contract, the employer must demonstrate that the union has 12 City of Leominster v. IBPO, Local 338, 33 Mass. App. Ct. 121 (1992), relied on by the City, does not alter the analysis above. The case concerns a collective-bargaining-agreement provision that granted just-cause protection to probationary police officers, contrary to created by the Civil Service Law.

Kelly Town M Manager MANAGER July 5, 2013 CONFIDENTIAL VIA CERTIFIED AND REGULAR MAIL Timothy Fitzgerald 31B Cotton Street Leominster, MA 01453 Re: Appointing Authority Decision Dear Mr. Fitzgerald: On Thursday, June 20, 2013, an informal hearing pursuant to Cleveland Board of Education v. Loudermill was conducted before me as Appointing Authority for the Town of Holden (the Town).

, MA 01453 Leominster, MA 01453 Leominster, MA Framingham MA 01702 Framingham, MA 01702 Framingham, MA 01701 Framingham, MA 01702 Framingham, MA 01702 Dover, MA 02030 Dover, MA 02030 Framingham, MA 01702 Framingham, MA 01702 Framingham, MA 01702 Framingham, MA 01702 Framingham, MA 01702 Framingham, MA 01702 Framingham, MA 01702 Framingham, MA 01702 Framingham, MA 01701 Framingham, MA Framingham, MA 01701 Framingham, MA 01701 Framingham, MA Natick,

See City of Leominster at *2, citing Commonwealth of Massachusetts, 26 MLC 165, 168, SUP-3972 (March 13, 2000) (internal citations omitted). The Union is in essence attempting to repudiate Article V, Section C of the parties collective bargaining agreement, in violation of the Law. B. No Evidence of District Repudiation of the Contract or of a Past Practice Exists Deliberateness is an element of a viable repudiation of agreement claim.

Id., at 91; see also Duxbury 25 MLC 4 MLC (1977). 109A mediation policy has no impact on terms and conditions of employment. 1698 (1978); City of Leominster, 22, 24 (1998); City of Worcester, The Rule 1697, School Committee, 3 MLC 1579, 1581 The Officer can refuse to engage in the process and can opt out of the process at any time.

Here, the City argues first that the Department's disciplinary procedures are not a mandatory subject of bargaining because M.G.L. c. 31, Sections 41 45 (civil service law) and St. 1962, c. 322 (Police Commissioner's disciplinary procedures from the scope of bargaining. statute)*5 control and exclude With regard to civil service law, as 13 an analogy, the City cites City of Leominster, 3 MLC 1579, 1581, MUP-2562 (April 11, 14 1977), explaining that

Id., at 91; see also Duxbury 25 MLC 4 MLC (1977). 109A mediation policy has no impact on terms and conditions of employment. 1698 (1978); City of Leominster, 22, 24 (1998); City of Worcester, The Rule 1697, School Committee, 3 MLC 1579, 1581 The Officer can refuse to engage in the process and can opt out of the process at any time.

Here, the City argues first that the Department's disciplinary procedures are not a mandatory subject of bargaining because M.G.L. c. 31, Sections 41 45 (civil service law) and St. 1962, c. 322 (Police Commissioner's disciplinary procedures from the scope of bargaining. statute)*5 control and exclude With regard to civil service law, as 13 an analogy, the City cites City of Leominster, 3 MLC 1579, 1581, MUP-2562 (April 11, 14 1977), explaining that

Any notices required to be given under this Agreement shall be sent, if to the Union, to its office at 96 Industry Avenue, Springfield, MA 02113 (with a copy to the shop steward) and, if to the Authority, to its main offices at 100 Main Street, Leominster, MA 01453. Section 3. Access.

City of Peabody, 9 MLC 1447, 1452 (1982); City of Leominster, 3 MLC 1582 (1977). The duty to bargain extends both to conditions of employment established through past practice and to conditions of employment that are established through a collective bargaining agreement. Town of Lexington, 37 MLC 227 (2011).

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).