L] Yes x] No Note: The Division may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party 456 CMR 15.04(1). The Division may refer the charge to a Divison mediator for settlement discussions. INFORMATION ON CHARGING PARTY 17. Name Q Frances Hines 18. Representative to contact F A 5 Frances HineS 19. Address (street and No., city/town, state, and ZIP code) 22.

Vv] 1 Yes No Grievance cannot be processed without requested information Note: The Division may decline to issue a complaint uniess reasonable settlement efforts have been made by the charging party 456 CMR The Division may 15.04(1). refer the charge to a Divison mediator for settlement discussions. INFORMATION ON CHARGING PARTY 17. Name MCC/MTA/NEA 19. | 18. Representative to contact 20.

a Yes No fait accompli Note: The OLR may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party. 456 CMR 15.04(1). INFORMATION ON CHARGING PARTY 17. Name Westford Fire Fighters, Local 3126 19. 18. Representative to contact 20. Telephone Number Jillian Ryan, Esq. 617-367-7200 Address (street and No., city/town, state, and ZIP code) 21.

n addition, the Parties are directed to confer as to whether they are willing to engage the services of a DLR Mediator for possible settlement. Utilization of a mediator will not delay the commencement of the Hearing.

Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party 456 CMR 15.04(1). The Division may refer the charge to a Division mediator for settlement discussions. INFORMATION ON CHARGING PARTY 39. The Charging Party is an Individual (I), Employee Organization (O), Employer (E): |O | 41. Representative to 42. Telephone 40. Name contact Number Local 1839, International Association !

EIGHTH AFFIRMATIVE DEFENSE By preferring to file a complaint without any prior effort to settle this matter, the Unions complaint (Counts I-IV) should be dismissed for failure to satisfy the Divisions pre-charge requirement that reasonable settlement efforts be made.

In addition, the Parties are directed to confer as to whether they are willing to engage the services of a DLR Mediator for possible settlement. Utilization of a mediator will not delay the commencement of the Hearing. 2.

. | |Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party 456 CMR 15.04(1). The Division may refer the charge to a Division mediator for settlement discussions. INFORMATION ON CHARGING PARTY | I 39. The Charging Party is an Individual (1), Employee Organization (O), Employer (E): 40. Name 41. Representative to contact |42.

L_] [v] Yes No The Union remains open to settlement. Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party. 456 CMR 15.04(7). INFORMATION 17. Name AFSCME 19. Council 93 ON CHARGING PARTY 18. Representative to contact 20. Telephone Number Joseph DeLorey 617-367-6035 21.

Nunez and the City reached a settlement agreement in 2005 that resulted in the removal of this suspension from his personnel file. (Exhibit 34) 34. Nunez was appointed to the position of Temporary Lieutenant in 1998. (Exhibit 26). Nunez was appointed to the position of Permanent Lieutenant in 1999. (Exhibit 27). 35. Nunez had six (6) years more experience than the Appellant in the position of Lieutenant.

Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party 456 CMR 15.04(1). The Division may refer the charge to a Division mediator for settlement discussions. INFORMATION ON CHARGING PARTY 39. The Charging Party is an Individual (1), Employee Organization (O), Employer (E): - : : O i _ 40. Name 41. Representative to contact 42.

Manner of Settlement in Last Two Contract Negotiations (Mediation, Fact Finding, etc.) 2015-2019 contract settled and 2012-2015 contract went to arbitration Petition Submitted By: Labor Organization [X] Municipality [ ] Jointly [ ] Signature and Title of Principal of Petitioning Party Date /s/ Leah Marie Barrault, Attorney Signature and Title of Principal Representative of Other Party if Joint Petition 04/13/20 Date

The City explained other factors that should be considered in any financial settlement. One of five New Bedford residents was born outside the United States. The unemployment rate reached nearly 25% at the peak of the COVID-19 pandemic. 5 The per capita income was approximately $18,410 compared to a statewide average of approximately $46,000.