See Town of Burlington, 5 MLC 1234, 1237 (1978). Turning to the positions themselves, a review of their duties will show that they are not managerial in nature. With respect to the positions at Department of Children and Families (DCF), they are all job posting attorneys serving in deputy regional counsel positions.

Thus, because restoration of the status quo ante here only requires that we order the Town to make whole affected employees for any wages and benefits they would have received during impact bargaining, see Town of Burlington, supra, we modify Section 2(c) of the Order to commence the backpay period 15 from the date the Union requests bargaining pursuant to this decision, rather than from 16 the date the Employer filled the SLT title.

Sce Town of Burlington vs. Labor Relations Commn, 17 Mass. App. CL. 402, 404-405 (1984) (Reaffirming that a denial of a promotion based upon an employces union activity is a probibited practice under G.L. . 1S0L, Section 10(a)(1) and (3)). Iv.

Thus, in Town of Burlington, 16 MLC 1507 (1990), the Commission defined as bargaining unit work, those portions of the Chiefs Aides duties that had been historically performed by a patrol officer for a period of ten years.

See Town of Burlington & another vs. James McCarthy, 60 Mass. App. Ct. 914, (2004) Darren R. Woolfv. TU 1 of Randolph, CSC Docket No. G1-04 16 formally to receive bypass reasons and evaluate them in accordance with [all] basic merit principles); Bielawksi v.

See Town of Burlington v. Labor Relations Commission, 17 Mass. App. Ct. 402, 405-406 (1984). M.G.L. c. 30A 1(6) defines substantial evidence as such evidence as a reasonable mind might accept as adequate to support a conclusion. in the record The substantiality of evidence must take into account whatever fairly detracts from Commissioner_of DET, 49 Mass. its weight. National School Bus App. 445, (2000); Cohen Ct. 450 Service, Inc. v. v.

Town of Burlington, 10 13 MLC 1387, 1388, MUP-3519 (February 1, 1984).

Town of Burlington, 10 13 MLC 1387, 1388, MUP-3519 (February 1, 1984).

City of Gardner, 10 MLC 1218, 1219 (1983); City of Boston, 10 MLC 1218, 1219 (1983), City of Holyoke, 26 MLC 97, 98 (2000); see also Town of Burlington v. Labor Relations Commn., 390 Mass. 157, 454 N.E.2d 465 (1983).

only incumbent in position); South Shore Regional School District Committee, 18 MLC 1103, 1110-12 (1991) (where the managerial decision to eliminate certain services and programs identified the individuals who would lose their jobs, a Transmarine remedy was appropriate); Weymouth Housing Authority, 14 MLC 1098, 1105-06 (1987) (Transmarine remedy appropriate when the same employees would have been laid off even if impact bargaining had occurred); Town

Town of Burlington, 10 MLC 1387, 1388 (1984). The Department has not enforced a return to the status quo in situations where that would be impossible. City of Boston, 15 MLC 1209 (1988). Further, where a make whole remedy is too speculative, the Department has declined to impose one. Commonwealth of Massachusetts, 26 MLC 165 (2000).