City of Everett, 27 MLC 1451 (2001). of 1437, 1450- It is undisputed that the bargaining unit has remained unchanged since 2009 when the DLR issued its certification and the NCEU and the Sheriffs Department executed the 2008-2012 Agreement. Further, none of the parties challenged the appropriateness of the current bargaining unit at the pre-hearing conference and the unit certified in 2009 does not appear to conflict with the Law.

(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).

City of Everett, 34 MCSR 369 (2021). Fifth, the Appellant has asserted that his termination was improper, so long as the criminal case against him is pending. This is incorrect. In the Commonwealth of Massachusetts, and in the United States at large, criminal liability must be proven beyond a reasonable doubt, a far more stringent standard that the preponderance of evidence standard required in civil proceedings.

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.

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.

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.

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.

City of Everett, 26 MLC 25, 27, MUP-1542 (July 22, 1999). Here, it is undisputed that the Agreements require that night differential be included in holiday pay. It is also undisputed that after the 2008 arbitration award, the City properly complied with the contractual provisions regarding night shift differential on holiday pay, for a time. Subsequently, though, the City failed to pay the night shift differential again.

See City of Everett, MUP -2893 (1980). There will be no deferral if the party against whom the charge of prohibited practice is made, ... raises any question as to procedure or substantive arbitrability ... . See Cohasett School Committee, MUP-419 (1973). In this case, the City is not willing to waive the procedural and substantive defenses of the grievance, Thus, the Department should not defer to arbitration. Sincerely, Pest AD.