City ofLeominster, 23 MLC 62 (1996) See also Town of Brookline, 20 MLC 1570, 1595-96 )1994); New Bedford School Committee, 8 MLC 1472, 1478 (1981); Town of Hudson, 25 MLC 143, 148 (1999). 10 Even if the BPHC had a duty to bargain the decision to change co-pays (which it did not), the existence of a July 1, 2012 deadline was well known to the union. Indeed, on April 22, 2011, David Susich wrote to Mr.
University of Massachusetts at Lowell, Lowell, MA Reading Specialist Salem State University, Salem, MA Masters of Arts in Teaching Emmanuel College, Boston, MA Masters of Arts in Spanish Literature and Language Boston College, Chestnut Hill, MA Bachelor of Arts in Sociology and Spanish The University of Vermont, Burlington, VT ACCOMPLISHMENTS Presented at the 2013 MABE Conference in Boston, MA Panel Participant at the 2009 MABE/MATSOL Conference in Leominster
See City ofLeominster, 19 MLC 1636 (1993) (the long-term practice of the police department to make shift assignments according to a system of strict seniority preference on an annual basis is a mandatory subject of bargaining); see also Town of Tewksbury, 10 MLC 1517 (1984) aff'd., 11 MLC 1170 (1984) (town unlawfully changed consistent past practice of assigning patrol officers to the day shift on the basis of seniority). Id.
City ofLeominster, 23 MLC 62, 18 65 (1996); Town of Marblehead, 12 MLC 1667, 1670 (1986). A waiver to the statutory right to bargain over a particular subject cannot be inferred lightly, but must be shown clearly, unmistakably, and unequivocally and cannot be found on the basis of a broad, but general, management rights clause. School Committee of Newton v. Labor Relations Comm., 388 Mass. at 569.
{Client Matter 12763/00004/A7863636.DOCX} EXHIBIT A EVA ANTONUCCI-KELLY Kellye@fitchburg.k12.ma.us 252 Tisdale Street, Leominster, MA 01453 978-870-6791 ____________________________________________________________________________ Fitchburg Public Schools | Fitchburg MA 2000-2022 Director of Enrollment, Family Engagement, and ELL 2021- present Be responsible for the overall planning, supervision, and coordination of the Fitchburg Public Schools PreK
Id. at 187 (quoting City ofLeominster v. Stratton, 58 Mass.App.Ct. 726, 728, rev. den., 440 Mass. 1108 (2003)). However, the commissions work is not to be accomplished on a wholly blank slate. Falmouth v. Civil Serv. Commn, 447 Mass. 814, 823 (2006).
See City of Worcester, 39 MLC 193, 201(2013); City ofLeominster, 23 MLC 62, 66 (1996). V. The Union Cannot Establish the MMD Violated Section 10(a)(3) of the Law A public employer violates section 10(a)(3) of the Law when it retaliates or discriminates against an employee for engaging in protected, concerted activity. Southern Worcester Regional Vocational School District v. Labor Relations Commission, 386 Mass. 414 (1982).
City ofLeominster v. Stratton, 58 Mass. App. Ct. 726, 727 (2003) (quoting Sullivan v. Municipal Ct. of the Roxbury 15 Dist., 322 Mass. 566, 572 (1948)). See also Boston Police Dept v. Civil Serv. Commn, 483 Mass. 461, 477-78 (2019). Police officers are held to exacting standards of behavior. See McIsaac v. Civil Serv. Commn, 38 Mass. App. Ct. 473, 474 (1995). Among other things, they are required to remain scrupulously honest and trustworthy.
Ct. 220 (1979)..............25,26,28,29,41 City ofLeominster v. International Brotherhood of Police Officers, Local 338, et. al., 33 Mass. App. Ct. 121 (1992)................32 City of Sharon v. Rose of Sharon Lodge No. 3, 315 A.2d. 355 (Pa.Comm. 1973)........................36 City of Worcester v. Labor Relations Commn, 438 Mass. 177 (2002).................................21 City of Worcester v. Labor Relations Commn, 53 Mass. App.
City ofLeominster, 23 MLC 62, 65 n. 13, MUP- 8528 et al. (August 7, 1996) (CERB unable to determine if deferral would be appropriate because the arbitrator's decision was not part of the record); Town of Ludlow, 17 MLC 1191, 1202, MUP-7040 (August 3, 1990) (declining to defer to arbitral process where no arbitration decision was presented for consideration); cf.
Ct. 220 (1979)..............25,26,28,29,41 City ofLeominster v. International Brotherhood of Police Officers, Local 338, et. al., 33 Mass. App. Ct. 121 (1992)................32 City of Sharon v. Rose of Sharon Lodge No. 3, 315 A.2d. 355 (Pa.Comm. 1973)........................36 City of Worcester v. Labor Relations Commn, 438 Mass. 177 (2002).................................21 City of Worcester v. Labor Relations Commn, 53 Mass. App.