The Employer argues that Paragraph 8 of the Complaint, which references. the Unions class action grievance, must be dismissed because the parties October 2009 Settlement Agreement resolved the grievance.

At the conclusion of the full hearing, the parties were encouraged to pursue settlement prior to submission of their respective Proposed Decisions. As no settlement was reached, it was agreed that the parties would submit their Proposed Decisions to the Commission by October 24, 2008. FINDINGS OF FACT: Forty-two (42) exhibits were entered into evidence at the hearing.

The document in question, a settlement agreement regarding a Labor Relations Commission case, was signed and dated by the Appellant on July 25, 2006, more than one week prior to the hearing before the Commission. Moreover, the proposed exhibit would not alter the Commissions decision on this appeal, which, at its core, involves the principle of obey now, grieve later.

[ Yes No The Union remains open to settlement. Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party. 456 CMR 15.04(1). INFORMATION ON CHARGING PARTY 17. Name AFSCME Council 93 19. 18. Representative to contact 20.

lv] Yes L] Note: The Division may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party 456 CMR No 15.04(1). The Division may refer the charge to a Divison mediator for settlement discussions. INFORMATION ON CHARGING PARTY 17. Name Gloucester Teachers Association 19. 18. Representative to contact 20.

Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been made by | the charging party 456 CMR 15.04(1). The Division may refer the charge to a Division mediator for settlement discussions. INFORMATION ON CHARGING PARTY 39. The Charging Party is an individual (I), Employee Organization (0), Employer A (E): 40. Name 41. Representative to contact Joseph Capraro :42.

[| Yes No Issue concerns entire bargaining unit membership and not suitable for settlement by single member. Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party. 456 CMR 15.04/17). INFORMATION ON CHARGING PARTY 17. Name 18. Representative to contact 19. Address (street and No., city/town, state, and ZIP code) Gos Farvex Ss The Charging Party is an: 2 22. NN none 20.

In addition, the Parties are directed to confer as to whether they are willing to engage the services of a DLR Mediator for possible settlement. Utilization of a mediator will not delay the commencement of the Hearing. 1.

Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party. 456 CMR 15.04(1). INFORMATION ON CHARGING PARTY 17. Name Educational Association of Worcester 19. 18. Representative to contact 20. Telephone Number Rich Mullane 617-878-8281 Address (street and No., city/town, state, and ZIP code) 21.

Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party 456 CMR 15.04(1). The Division may refer the charge to a Division mediator for settlement discussions. INFORMATION ON CHARGING PARTY 39. The Charging Party is an Individual (1), Employee Organization (O), Employer (E): |O 40. Name NAGE Local 495 142. Telephone Number 41.

fait accompli iN| Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been _ 'made by the charging party 456 CMR 15.04(1). The Division may refer the charge to a Division mediator for settlement discussions. INFORMATION ON CHARGING PARTY 39. The Charging Party is an Individual (I), Employee Organization (O), Employer (E): |O 40. Name 42. Telephone AFSCME Council 93 41.