An analysis of whether the parties are at impasse requires an assessment of the likelihood of further 20 movement 21 compromise. by either side, and whether they have exhausted all possibility of Ashburnham-Westminster Regional School District, 29 MLC at 195 (citing 11 Decision and Ruling (cont'd) MUP-07D-5095 MUP-07D-5115 Town of Plymouth, 26 MLC 220, 223 (2000); Woods Hole, Martha's Vineyard and Nantucket Steamship Authority, 14 MLC 1518, 1529-1530

. | 45 Said 5% The Commonwealth of Massachusetts County of Dimouth 2# tong Pond Road - Plymouth, MA 02360 OW hy bp) Sheriffs Department Telephone: (508) 830-6200 ax (508) &3)-es16 www.pesdma org Joseph D. McDonald, Je Sheriff Gerald C. Pudolsky Special Sheriff EMPLOYEES ELECTION OF ARBITRATION AS EXCLUSIVE .

Town of Plymouth, 40 MLC 179, 182, MUP-06-4814 (December 30, 2013). If employees cannot anticipate a certain number of overtime hours, then the overtime hours are characterized as unscheduled and not considered a condition of employment subject to mandatory bargaining. Id.; Town of Tewksbury, 19 MLC 1189, 1191, MUP-6923 (August 14, 1992).

See Town of Plymouth, 26 MLC 220, 223-24 (2000) (noting that a public employer need not bargain over decisions outside its control). This argument is inconsistent with former rulings of the CERB and DLR and should be soundly rejected. First, Somerville unilaterally eliminated the First Seniority Plan on July 1, 2010six months before Harvard Pilgrim discontinued it on December 31, 2010.

See Town of Plymouth, 26 MLC 220, 223-24 (2000) (noting that a public employer need not bargain over decisions outside its control). This argument is inconsistent with former rulings of the CERB and DLR and should be soundly rejected. First, Somerville unilaterally eliminated the First Seniority Plan on July 1, 2010six months before Harvard Pilgrim discontinued it on December 31, 2010.

Town of Plymouth, 26 MLC 220, 223 (2000). If the Unions position was in fact that the District should not have implemented the summer schedule at all and believed such action was fait accompli that belief indicates there was no likelihood of further compromise.

Decision (contd) MUP-20-8072 1 Town of Plymouth, 26 MLC 220, 223, MUP-1465 (June 7, 2000); Woods Hole, Martha's 2 Vineyard and Nantucket Steamship Authority, 14 MLC 1518, 1529-30, UP-2496 (Feb. 3, 3 1988)). 4 Relying on Town of Billerica, 43 MLC 195, 196, MUP-14-4234 (H.O.

See Town of Plymouth, 26 MLC 224, 234, MUP-1465 (June 7, 2000) (employers setting a deadline for complying with a federal drug testing rule that was ten months after the date mandated by the federal rule rendered illogical the Towns argument that circumstances beyond its control required it to implement the policy before reaching resolution or impasse).

Town of Plymouth, 26 MLC 220, 223, MUP-1465 (June 7, 2000). I find that the circumstances here satisfy these criteria, and therefore conclude that there is no probable cause to believe that the City violated the Law by implementing the revised policy prior to completing impact negotiations. The ongoing pandemic is beyond the control of the City.

Town of Plymouth, 26 MLC 220, 223, MUP-1465 (June 7, 2000). I find that the circumstances here satisfy these criteria, and therefore conclude that there is no probable cause to believe that the City violated the Law by implementing the revised policy prior to completing impact negotiations. The ongoing pandemic is beyond the control of the City.

The Commonwealth of Massachusetts County of 24 Long Pond Road Plymouth. er Sheriffs Department Plymouth, MA 02360 Telephone: (508) 830-6200 see pax: (508) 830-6316 www.pesdma.org Joseph D. McDonald, Jr. March 8, 2013 Sheriff Ace iied bes Gerald C.

Town of Plymouth, 33 MLC 23, 25 (2006); Town of Falmouth, 20 MLC 1555 (1994), affd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997). To establish that an employer repudiated an agreement a union must show that the employer deliberately refused to abide by the unambiguous terms of the agreement. Worcester County Sheriffs Department, 28 MLC 1, 6 (2001).

See Town of Plymouth 26 MLC 220 (2000). The deadline for the conclusion of negotiations was not set by the MWRA but was rather created by the legislature. The Statute as enacted by the legislature set forth a mandatory date for 3 the initiation of the collection of deductions for the funding of the program.2 Given the Legislatures determination that the Statute must be implemented on October 1, 2019, the deadline was plainly reasonable.

Town of Plymouth, 26 MLC 220, 223 (2000). As described in Commonwealth of Massachusetts and SPAM, SUP-21-8836 (Dismissal of Charge), the elements required to prove exigent circumstances are proven by the nature of the as-yet-uncontrollable [COVID-19] virus and the notice provided to the Charging Party of the date of policy implementation. Citation?