General Counsel Plymouth County Sheriffs Department 24 Long Pond Road Plymouth, MA 02360 Dear Attorney Lee: I have received the petition of Brandon Stokes, of 7 News WHDH Boston, appealing the response of the Plymouth County Sheriffs Department (Department) to a request for public records. See G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1). On February 27, 2024, Mr.
See, e.g., Town ofPlymouth, 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 ofPlymouth, 41 MLC 211 (2015). Bargaining unit work is work that has traditionally been exclusively performed by the bargaining unit. Commonwealth of Massachusetts, 41 MLC 136 (2014). 15. In the present matter, the Business Manager assumed a new set of responsibilities not performed by the clerical employees in the DPW.
Attorney at Law One Court Street, Suite 27 Plymouth, MA. 02360 Respondents Attorney: David F. Grunebaum, Esq. Tobin, Sullivan & Grunebaum 60 William Street, Suite 330 Wellesley, MA. 02481 Commissioner: John E.
Sweeney, PC. 311 Village Green North, Suite A4 Plymouth, MA 02360 508-747-4224 508-747-4221 (Fax) Assented To: | _- VINE iN ; Ue i S p> Ira Fader, Esquire Certificate of Service I hereby certify that I have served a copy of this Motion on the following representative of the Complainant by electronic transmission: Ira Fader, Esquire MTA Legal Division 20 Ashuburton Place Boston, MA 02108 Dated: August 20, 2012 ) (af | ' hb SeanP.
Even the City acknowledges that the one case it cites, Town ofPlymouth, 34 MLC 13, 14 (2007), states only that a public employer has no obligation to bargain over the impact of a core managerial decision if the only identifiable impact of that decision is a reduction in the employees ability to perform unscheduled overtime and no other terms and conditions of employment are affected.
Id; Town ofPlymouth, 26 MLC 222, 223 (1999); Boston School Committee, 8 MLC 1772, 1782 (1982). Impasse exists where the parties have fundamental differences, merely rehash the same positions, and where there are no changes to the parties' perspectives.
See Town ofPlymouth, 26 MLC at 223; see generally Woods Hole, Marthas Vineyard and Nantucket Steamship Authority, 14 at MLC 1528 impasse (no where hiatus in bargaining and major change in employer's bargaining proposal significantly altered the Thus, because there was a September 14, 2015, and framework for the negotiations). movement by the parties on exhaust all possibility of compromise impasse. because likelihood the of further parties did not
Town ofPlymouth, 26 MLC 22, 223 (2000). To determine whether impasse has 19 During the compliance hearing, the City for the first time objected to 456 CMR 16.08(6), requiring that it bear the burden of proof, disingenuously arguing that such a requirement goes against the "AngloAmerican system of law."
MLC Town ofPlymouth, 33 MLC 23, 25 (2006); Town of Falmouth, 20 1555 (1994), aff'd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997). To establish that an employer repudiated an agreement, a union must show that the employer deliberately refused to abide by the unambiguous terms of the agreement. Worcester County Sheriffs Department, 28 MLC 1, 6 (2001).
Town ofPlymouth, 33 MLC 23, 25 (2006); Town of Falmouth, 20 MLC The Boston Globe printed an article about the Spillane incident on May 6, 2010. 14 1555 CERB Decision on Appeal (contd) MUP-10-5895 (1994), affd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997).
Town ofPlymouth, 23 MLC 175, 177 (1997). Assessing those factors here, it is clear that there is no likelihood of further movement by either side. Id., at 178. It is not credible that parties acting in good faith could not complete impact bargaining the Departments decision to eliminate SST overtime in a two year span of time.
Town ofPlymouth, WL 6971165 (MA LRC). citing Town of Dennis, 12 MLC 1027, 1033 (1985). The City offered some broad statistics to show that overtime wages did not go down. These broad statistics are not relevant to the clear evidence that had this work remained in the bargaining unit the employees would have received the benefits from performing that work.
Town ofPlymouth, 26 MLC be 222, 223, MUP-1465 (June 7, 2000); Commonwealth of Massachusetts, 25 MLC 201, 205, SUP4075 (June 4, 1999); see also School Committee of Newton, 338 Mass. at 574 (describing impasse as a question of fact that requires a consideration of the totality of the circumstances to decide whether despite their good faith, the parties are simply deadiocked). following To determine factors: bargaining whether impasse has history, the
Town of Marion, 30 MLC 11, 14 (2003) (citing Town ofPlymouth, 26 MLC 220, 223 (2000)). The Department initiated negotiations with the Union in order to seek input and to bargain over any impact of their proposed change. (T. Sutliff.) Based on the credible evidence, there was no indication of a change in the parties perspectives which could have generated new avenues of discussion. (T. Sutliff; T. Daley).
See, e.g., Town ofPlymouth, 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 ofPlymouth, 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 ofPlymouth, 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).