(See G.L. c. 31, 1,6 inserted by St.1978, c. 393, 11 and City of Everett v. Teamsters, Local 380, 18 Mass.App.Ct. 137,463 (1984). In most circumstances, provisional appointments or promotions are used to fill nonpublic safety official service positions in Massachusetts, as there have been no examinations for such positions in many years.

Lawrence School Committee, 33 MLC 90, 99 (2006); City of Everett, 26 MLC 25, 27 (1999); Massachusetts State Lottery Commission, 22 MLC 1468, 1473 (1996). Further, apparent authority is created when a principal engages in conduct that causes another person to reasonably believe that the alleged agent has the authority to act on behalf of the principal. City of Everett, 26 MLC at 27.

reasoning that a consistent past practice that applies to rare circumstances may be nonetheless a condition of employment whenever the circumstances precipitating the practice occur); Town Lee, 11 MLC 1224, 1277 (1984) (affirming past practice of permitting civil service police of officers to reside outside of town limits despite the fact that only three police officers had been non-residents eight years prior to the alleged unilateral change); City

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 MUP-1542 (July 22, 1999). During the term of the Agreement, the School Committee and the Union executed a Memorandum of Agreement on March 6, 2013 (March 6, 2013 MOA) which increased the number of courses that high school Department Heads were required to teach from three to four. The March 6, 2013 MOA was in effect for the 20132014 school year.

Holyoke School Committee, 12 MLC 1443, 1452 (1985), citing City of Everett, 2 MLC 1471, 1476 (1976), affd Labor Relations Commission v. City of Everett, 7 Mass. App. Ct. 826 (1979). 15 The facts of this case show that the Charging Party was aware as early as May of 2014 and no later than June of 2014 that the Sophomore Guidance Seminars were being introduced in the new eight (8) period schedule.

Holyoke School Committee, 12 MLC 1443, 1452 (1985), citing City of Everett, 2 MLC 1471, 1476 (1976), affd Labor Relations Commission v. City of Everett, 7 Mass. App. Ct. 826 (1979). 15 The facts of this case show that the Charging Party was aware as early as May of 2014 and no later than June of 2014 that the Sophomore Guidance Seminars were being introduced in the new eight (8) period schedule.

City of Boston at 172; City of Everett, (H.O. June 4, 1981), affd 8 MLC 8 MLC 2014 1036, (citing 1038 1393 (Oct. 21, 1981) (city established a past practice of granting employees time off to take promotional Civil Service exams, even though the exams were given on an irregular basis and the city has had few occasions to implement the practice).

City of Boston 2014 (citing Commonwealth of Massachusetts, 23 MLC at 172; City of Everett, 4, 1981), affd 8 MLC 1393 (Oct. 21, 1981) 8 MLC 1036, 1038 MUP-3807 (H.O. June (city established a past practice of granting employees time off to take promotional Civil Service exams, even though the exams were given on an irregular basis and the city has had few occasions to implement the practice).

Holyoke School Committee, 12 MLC 1443, 1452 (1985), citing City of Everett, 2 MLC 1471, 1476 (1976), aff'd sub nom, Labor Relations Commission v. City of Everett, 7 Mass. App. Ct. 826 (1979).

City of Everett, 26 MLC 25, 27, MUP-1542 (July 22, 1999). The Union failed to provide sufficient evidence establishing that the School Committee either bargained in bad faith and/or deliberately refused to abide by any terms in the Agreement. The documents offered as part of the investigative record fail to establish that the Agreement contained clear and unambiguous language regarding payment deadlines, or reference to any deadline whatsoever.

City of Everett, 26 MLC 25, 27, MUP-1542 (July 22, 1999). The Union argued that the CBA language is clear that unit members need only call one designated representative of the Appointing Authority for day-to-day sick leave absences.