Town of Plymouth, WL 6971165 (MA LRC). citing Town of Dennis, 12 MLC 1027, 1033 (1985). As the School did not articulate at hearing that Vasquez in fact, took on any additional duties other than those that she was already performing as a Union employee, then all of her job duties should be returned to the bargaining unit.

Town of Plymouth, 39 MLC 203, 204 (H.O. 2013); see also West Bridgewater Police Association v. Labor Relations Commission, 18 Mass. Appeals Court 550 (1984); City of Peabody, 9 MLC 1447 (1982). Plainly, snow removal is unscheduled by its very nature; anyone who has spend time in Massachusetts during winter months has experienced how unpredictable snowstorms and snow accumulation is in the State.

To illustrate, in Town of Plymouth, the CERB found that two bargaining unit members had a consistent routine of loading and hauling scrap metal on an overtime basis to meet the Town's ongoing need over the course of years. 40 MLC 179, 182, MUP06-4814 (December 30, 2013).

Brockton School Committee, MUP-05-4477 (2009), citing Town of Plymouth, 23 MLC 76 (1996).

.; see also Town of Plymouth, 23 MLC 76 (1996), City of Boston, 5 MLC 1155 (1978); Town of Brookline, 1 20 MLC 1570, 1593 (1994). In addition, the arbitration award must dispose of the substantially identical issue presented to the Board. Id.; see also City of Cambridge, 7 MLC 2111, 2112 (1981).

Town of Plymouth, 23 MLC 225, 227 (1996) (citing City of Peabody, 9 MLC 1447, 1449 (1982)). By law, the terms and conditions of employment are established by clear and unambiguous contract language. Commonwealth of Massachusetts, 46 MLC 207, SUP-16-5594 (2020) (citing City of Somerville, 44 MLC 123, 125, MUP-16-5023 (2018)).

Town of Plymouth, 26 MLC 220, 223, MUP-1465 (June 7, 2000). Here, the City has demonstrated that circumstances beyond its control, a wide spreading and deadly virus, required it to implement measures to control the spread of the virus that had implications on staffing levels and public safety.

Sweeney, P.C. 311 Village Green North Suite A4 Plymouth, MA 02360 (508) 747-4224 (508) 747-4221 Dated: April 16, 2020 Certificate of Service I hereby certify that I have served a copy of the within Answer upon counsel to the Complainant, Ryan Avery, by electronic transmission on this date. Dated: April 16, 2020 /s/ Jonathan R. Atwater ______________________________ Jonathan R. Atwater, Esquire 6

Sweeney, P.C. 311 Village Green North, Suite A4 Plymouth, MA 02360 508-747-4224 508-747-4221 (Fax) 1 RESPONDENTS POST HEARING BRIEF In accordance with the Order of the Hearing Officer, the Respondent hereby files this Post Hearing Brief in connection with the above-captioned case.

. * Myles Standish State Forest is located in the towns of Plymouth and Carver in Fire District 2, and is comprised of more than 15,000 acres of land. Id. applying fire to the landscape is also referred to as a prescribed burn. Id.

Plymouth, MA 02360 Telephone: (508) 830-6200 Sheriffs Department on ns (eben eal Pr9s www.pcsdma.org Joseph D. McDonald, Jr. Sheriff Gerald C.