CITY OF SOMERVILLE & another [l] VS. COMMONWEALTH EMPLOYMENT RELATIONS BOARD & others [2], 470 Mass. 563 (2015) (Emphasis supplied) The procedures and criteria for promotions in this case are not mandatory subjects of bargaining. Additionally, if they were, they have already been agreed to as being the Civil Service Law and rules which are not listed in G.

City of Somerville, 44 MLC 123, 125 (MUP-165023) (January 30, 2018) citing Newton, 29 MLC at 190. The initial inquiry focuses upon the language of the contract. Id., citing Town of Mansfield, 25 MLC 14, 15, MUP-1567 (August 4, 1998)). If the language clearly, unequivocally and specifically permits the public employer to make the change, no further inquiry is necessary.

City of Somerville, 44 MLC 123, 125 (MUP-165023) (January 30, 2018) citing Newton, 29 MLC at 190. The initial inquiry focuses upon the language of the contract. Id., citing Town of Mansfield, 25 MLC 14, 15, MUP-1567 (August 4, 1998)). If the language clearly, unequivocally and specifically permits the public employer to make the change, no further inquiry is necessary.

City of Somerville, 44 MLC 123, 125, MUP-16-5023 (January 30, 2018).

Cf City of Somerville v. Labor Relations Commn, 53 Mass.App.Ct. 410, 411-12 (2001) (question whether positions of city clerk and assistant city clerk are part of the municipal legislative branch, which ipso facto excludes them from c. 150E, determined by municipal law). Instead, the CERBs knowledge of labor relations law is critical to the analysis of whether an external statute can be reconciled with c. 1SOE. See City of Boston v.

MUP-15-4956 - 4959 (Emphasis Added) Further, similar to the Courts reasoning in City of Somerville, in which it held that the city was not obligated to bargain over changes it made insurance premiums to the percentage contribution to retired employees health pursuant to G.L. c. 32B, Section 9E, requiring the Receiver to bargain over the changes he makes district-wide pursuant to Section 1K(d)(5) would effectively negate the Legislatures purpose in

Somerville, MA 02144 Appearance for Respondent: Neil Rossman, Esq. Rossman & Rossman 8 Essex Center Drive Peabody, MA 01960 Commissioner: Christopher C. Bowman SUMMARY OF ORDER OF DISMISSAL The Appellants Section 42 procedural appeal is dismissed as he was unable to show that he was prejudiced by the Citys short delay in conducting a local hearing to contest his five-day suspension.

Telephone Number Dennis McCarthy 617-591-4517 Address (street and No., city/town, state, and ZIP code) 230 Highland Avenue, Somerville, MA 6. 2. Representative to contact 02143 7. Representative to contact 9. Telephone Number John F. Murphy 617-268-6855 Address (street and No., city/town, state, and ZIP code) 348 D Street, Boston, MA 5. Fax Number 02127 10. Fax Number 617-268-6863 11. This charge is filed against (check one) 12.

Vice President of Human Resources Address (street and No., city/town, state, and ZIP code) Cambridge Health Alliance, Somerville Campus, 230 Highland Avenue, Somerville, MA 02143 | 6. Employee Organization (if any): Massachusetts Nurses Association ' 8. 7. 15. Room 238 Telephone Number 781-306-8726 Fax Number 781-306-8724 Representativeto contact | 9. Alan J.

Cf City of Somerville v. Labor Relations Commn, 53 Mass.App.Ct. 410, 411-12 (2001) (question whether positions of city clerk and assistant city clerk are part of the municipal legislative branch, which ipso facto excludes them from c. 150E, determined by municipal law). Instead, the CERBs knowledge of labor relations law is critical to the analysis of whether an external statute can be reconciled with c. 1SOE. See City of Boston v.

Cf City of Somerville v. Labor Relations Commn, 53 Mass.App.Ct. 410, 411-12 (2001) (question whether positions of city clerk and assistant city clerk are part of the municipal legislative branch, which ipso facto excludes them from c. 150E, determined by municipal law). Instead, the CERBs knowledge of labor relations law is critical to the analysis of whether an external statute can be reconciled with c. 1SOE. See City of Boston v.

Relations Commission, Section 133, 149 (2006) (citing City of Somerville v.

City of Somerville. 4 MLC 1307. 1311 (1977) (union waives right to bargain by inaction when it does not make any demand for collective bargaining). Because the Union had ample opportunity to pursue collective bargaining concerning this issue, but evidently chose not to, it cannot now claim a failure by the Collaborative to bargain. See id.