Health 18 Main 53 Arlington Street Extension & Human Services (via FedEx) Street * Brockton, MA 02301 (t) 508.588.6900 Plymouth, MA 02360 (t) 508.747.4108 (f) 508.586.3320 www.simsandsimsllp.com Please direct all correspondence to the Brockton Office. COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS CHARGE OF PROHIBITED PRACTICE M.G.L. c.150E INSTRUCTIONS: Answer all applicable questions.

(t) 508.588.6900 e Plymouth, MA 02360 (t) 508.747.4108 (f) 508.586.3320 wwwesimsandsimsllp.com Mlease direct all correspondence to the Brockton Office.

Town of Plymouth, 26 MLC 220, 223, MUP-1465 (June 7, 2000). Here, the City has admitted to all facts alleged in the complaint. The facts as alleged constitute a violation of Section 10(a)(5) and, derivatively, Section 10(a)(1) and an independent violation of 10(a)(1) of the Law. Therefore, | enter the order below. ORDER WHEREFORE, based upon the foregoing, IT IS HEREBY ORDERE D that the City shall: 1. Cease and desist from: 2. a.

See Cohasset School Committee, MUP-419 (6/19/73); see also Town of South Hadley, 6 MLC 2133, 2135 (1980); City of Boston, 5 MLC 1155, 1157 (1978); Boston School Committee, 1 MLC 1287, 1291-92 (1975); Town of Plymouth, 23 MLC 76, 77 (1996). Typically, the Commission defers to the arbitral process by staying further processing of a prohibited practice charge in order to give the parties the opportunity to proceed with the arbitration.

Town of Plymouth, v. Town of Winchester, 7 MCSR was suspended for lapse of OEMS 6 MCSR 195 (1993) (same): but see Kelly 201 (1994) (allowing appeal by EMT whose license certification, due entirely to a postal error in losing updated CPR license mailed to OEMS) This principle is fully applicable to the revocation of a Paramedics Authorization to Practice.

Clearly, these new requirements are mandatory subjects of bargaining, and the Respondent failed to provide the Charging Party with notice and an opportunity to bargain over these duties before they were unilaterally implemented (See Town of Plymouth, 26 MLC 220 (2000); Commonwealth of Massachusetts, 28 MLC 36 (2001); Town of Lee, 11 MLC 1274 (1984)).

As stated in Town of Plymouth v. Civ. Serv. Commn, 426 Mass. 1, 7 (1997): While the legislative history is sparse, [G.L. c. 31] 50 was likely enacted because serious abuse of alcohol presumptively has a negative effect on job performance. Allowing an employee to be reinstated after completion of an alcohol rehabilitation program and demonstration of satisfactory job performance is consistent with ameliorating deficient job performance.

Chief of Police, Plymouth, MA and President of BadgeQuest, Inc. Steven Rose, Selectman, Town of Avon Edward Drew, Fmr.

Town of Plymouth, 26 MLC 222, 223 (2000). But impasse will be found only where both parties have negotiated in good faith on bargainable issues to the point where it is clear that further negotiations would be fruitless because the parties are deadlocked. Town of Brookline, 20 MLC 1570, 1594 (1994). In the present case, it cannot be said that there was good faith negotiation on the part of UMASS.

Town of Plymouth, 23 MLC 76 (1996). Under this well-established policy, the Department "will defer when the issue posed by the prohibited practice is essentially a question of contract interpretation, the statutory issues raised by the case are well established, and the resources of [the Department] and the parties can be conserved through deferral." City of Peabody, 19 MLC 1731, 1732 (1993).

Town of Plymouth, D-4498 (1993); Freeman v City of Cambridge, D-4717 (1993). There is no question that police officers are held to a higher standard than others. McIsacc, v. Town of Pembroke, D-4354 (1992). G.L. c. 31, 61A establishes fitness standards for police officers for officers appointed 23 after November 1, 1996. Since the Appellant was appointed prior to that time, 61A does not apply to the Appellant.