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

City of Everett, 19 MLC City of Everett v. Labor (1993) and cases cited therein. Relations 1304, Commission, 1311 416 (1992), Mass. 620 The stipulations reflect the Citys longstanding practice of contributing more than 75% to the cost of retirees health coverage. The City was therefore obligated to bargain with the Unions before reducing its contributions below that rate, regardless of whether it had previously bargained over this issue.

City of Everett, 19 MLC City of Everett v. Labor (1993) and cases cited therein. Relations 1304, 1311 Commission, 416 (1992), Mass. 620 The stipulations reflect the Citys longstanding practice of contributing more than 75% to the cost of retirees health coverage. The City was therefore obligated to bargain with the Unions before reducing its contributions below that rate, regardiess of whether it had previously bargained over this issue.

City of Everett, 7 Mass. App. Ct. 826 (1979)... cece ee cece ee ee cee ee tee eee 27 Lee 166, v. Labor Relations 167 (1985)... cc ce Lynn 172, v. Labor Relations Commission, 43 Mass. App. Ct. 177 (1997)... cee ce ee eee eee Lee ee eee eee eee 9 Masconomet (7200 Regional Commission, 21 Mass. App.

Decision (cont'd) MUP-10-6020 (1982); City of Everett, fait accompli 2 MLC 1471 (1976). by issuing the employees Here, the Town presented the Union with a layoff notices with a firm date when their employment would end and bringing in a speaker to inform them about their eligibility for unemployment benefits and retraining.

Decision (cont'd) MUP-10-6020 (1982); City of Everett, fait accompli 2 MLC 1471 (1976). by issuing the employees Here, the Town presented the Union with a layoff notices with a firm date when their employment would end and bringing in a speaker to inform them about their eligibility for unemployment benefits and retraining.

Deputy General Counsel Massachusetts Department of Elementary and Secondary Education 135 Santilli Highway Everett, MA 02149-1962 deborah.steenland@mass.gov RE: Open Meeting Law Complaints Dear Attorney Steenland: This office received complaints from Sana Fadel and Faiza Khan on April 8 and April 15, respectively, alleging that the Board of Elementary and Secondary Education (the Board) violated the Open Meeting Law, G.L. c. 30A, 18-25. 1 Sana Fadel

City of Everett, 26 MLC 25 (1999). The clear, unambiguous language of the CBA does not prohibit the Union from filing a prohibited practice charge seeking to enforce its rights under the Law. Accordingly, there is no probable cause to believe the Union violated the Law in the manner alleged, and | dismiss the BPHCs charge in its entirety.

Consequently, | find that when Gurnon nodded, he manifested his assent to and the parties achieved . the replacement cost portion of the parties agreement, meetingof the minds at that point. a See City of Everett, 26 MLC 25, 28 (1999). | next consider whether the parties had a differing good faith interpretation of the terms of the Settlement Agreement that precludes the finding of a violation.

City of Everett, 26 MLC 25, 27, MUP-1542 (July 22, 1999). When language in an agreement is ambiguous, the Board may look at the underlying bargaining history to determine the parties intent. City of Lawrence, 23 MLC 213, 215 (1997). The investigative record does not contain any evidence of the parties bargaining history, and both parties assert that the contractual language in Section 5(b) is clear.

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, 26 MLC 25, 27, MUP-1542 (July 22, 1999). If the language at issue in the agreement is ambiguous, the CERB will look to the underlying bargaining history to determine whether there was a clear agreement between the parties. Commonwealth of Massachusetts, 18 MLC 1161, SUP-3356, SUP-3439 (October 16, 1991). Although both parties assert that the MOA is unambiguous, they provide differing good faith interpretations of the MOA.

See City of Everett, 27 MLC 147 (2001); Town of Bolton, 25 MLC 62 (1998). In determining whether employees share a community of interest, factors such as similarity of skills and functions, similarity of pay and working conditions, common supervision, work contact and similarity of training and experience must be considered. See Princeton Light Department, 28 MLC 46 (2001); Boston School Committee, 12 MLC 1175 (1985).