Melrose, MA 02176 Office: (781) 662-4934 Fax: (781) 662-4711 10/10/2014 Regarding: Rico Venturelli DOB: 03/11/1961 28 Hoyt St Everett, MA 02149 To Whom It May Concern: Mr.

Massie Everett Police Department 45 Elm Street Everett, MA 02149 September 24, 2021 SPR21/2349 Dear Chief Massie: I have received the petition of Steven Fitzgerald appealing the response of the Everett Police Department (Department) to a request for public records. G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1). On July 30, 2021, Mr.

City of Everett, 19 MLC 1304, 1311 (1992). Here, the evidence introduced at the In-Person Investigation amply supports a probable cause finding that the Department violated G. L. c. 150E when it made the decision to introduce new duties for Transportation Officers.

Town of Dartmouth, 29 MLC at 207-208 (citing City of Everett, 27 MLC 147, 150 (2001); Fall River School Comm., 27 MLC at 39) (internal citations omitted); see also Greater Lawrence Sanitary District, 34 MLC 87, 96 (2008). Contrary to the Union's assertion, the fact that the Administrative Assistant may happen to work directly on personnel or payroll matters does not render that position a "confidential employee" under M.G.L. c. 150E.

City of Everett, 26 MLC 25 (1999). Repudiation of an agreement must be supported by the "kind of clear and unequivocal statement of the parties' responsibilities such that the Employer would have sufficient notice that specific acts or omissions were in violation of that agreement," Higher Education Coordinating Council and Mass. Community College Council/MTA/NEA, SUP 4141 (1996), p.3 of Decision of the Administrative Law Judge.

City of Everett, 26 MLC 25, 27, MUP-1542 (July 22, 1999); City of Boston/Boston Public Library, 26 MLC 215, 216, MUP-2081 (May 31, 2000); Town of Ipswich, 11 MLC 1403, 1410, MUP-5248 (Feb. 7, 1985), affd sub nom., Town of Ipswich v. Labor Relations Commission, 21 Mass. App. Ct. 1113 (1986). To achieve a meeting of the minds, the parties must manifest an assent to the terms of an agreement.

City of Everett, 21 MCSR 307 (2008); Catterall v. City of New Bedford, 20 MCSR 196 (2007).What civil service law does not permit, however, is to decide to fill a vacancy through acting, out-of-grade appointments when there is an active, eligible list for that position, which is precisely what happened here.

City of Everett, 27 MLC 147, 150 (2001); Fall River School Committee, 27 MLC 37, 39 (2001). The Commission has construed exceptions to the definition of confidential employee narrowly to preclude as few employees as possible from collective bargaining while not unduly hampering an employer's ability to manage the operation of the enterprise.

City/town, State, ZIP Code Everett MA 02149 LABOR RELATIONS REPRESENTATIVE ; 25. Name 26. Title Frederick Foresteire Superintendent 27. Address 121 Vine Street 31. Telephone Number 617-389-7950 28,29,30. City/town, State, ZIP Code Everett MA 02149 34, FAX Number 617-394-2408 32. E-mail Address 33. Firm/Organization Name Everett Public Schools fforesteire@everett.k12.ma.us 35. NATURE OF EMPLOYER'S BUSINESS: School Department 36.

Jewell Arielle Moreira Everett, MA Framingham MA, 01701 Everett, MA Framingham, MA 01702 Marlborough, MA 01752 Framingham, MA 01702 Framingham, MA 01702 Marlborough, MA 01752 Framingham, MA Framingham, MA 01701 Framingham, MA 01702 Framingham, MA 01702 Framingham, MA 01702 Framingham, MA 01701 Framingham, MA 01701 Framingham, MA 01701 Marlborough, MA Framingham, MA Framingham, MA 01722 Framingham MA, 01702 Framingham, MA 01701 Framingham, MA 01702