In City of Somerville and Somerville Police Employees Association, Case No. MUP-132977 (July 1, 2015), the DLR held that the City did not need to bargain the decision of how it was to effectively deliver services to the public. Here, the Respondent had the clear right to determine how it was going to provide the services mandated by Section 1B of Chapter 76.

In City of Somerville and Somerville Police Employees Association, Case No. MUP-132977 (July 1, 2015), the DLR held that the City did not need to bargain the decision of how it was to effectively deliver services to the public. Here, the Respondent had the clear right to determine how it was going to provide the services mandated by Section 1B of Chapter 76.

See, e.g., 15 Commonwealth of Massachusetts, 42 MLC 109, 111 SUP-13-2604 (Oct. 19, 2015) (citing 16 City of Lawrence, 23 MLC 213, 215, MUP-9876 (March 31, 1997) (no transfer violation 17 where union unable to show percentage of work performed by bargaining unit members)); 18 see also City of Somerville, 23 MLC 256, 259-260, MUP-8160 (May 2, 1997) (no transfer 19 violation where union unable to demonstrate a clearly-identifiable percentage of the 20

01701 Braintree, MA 02184 Millbury, MA 01527 Framingham, MA 01702 Framingham MA, 01702 Somerville MA, 01702 Somerville, MA 02144 Framingham, MA 01702 Framingham, MA 01702 Framingham, MA 01702 Allston, MA 02134 Framingham, MA 01701 N.

City of Somerville, 23 MLC 256, 259 (1997); City of Boston, 10 MLC 1539, 1541 (1984).

City of Somerville, 42 MLC 170, 171, MUP-13-2977 (December 30, 2015). Impact bargaining generally takes place prior to implementation. However, if exigent circumstances exist, an employer may implement even if it has not completed impact bargaining.

City of Somerville, 42 MLC 170, 171, MUP-13-2977 (December 30, 2015). Here, the Employer notified the Union about its vaccination plan on August 20, 2021, and parties first met to discuss the plan on August 25, 2021. The parties discussed the injury presumption language and the test-and-mask provisions.

Jd. at 145; citing City of Somerville, 24 MLC 69, 71 (1998); City of Boston, 18 MLC 1036, 1037 (1991) (internal citations omitted). While the Board typically dismisses CAS petitions in which the duties of the positions at issue have not changed since recognition or certification, in certain rare situations, the Commission has addressed such a CAS petition on its merits.

See Also, City of Everett and New England Police and Benevolent Assoc., MUP 13- 3006 (June 16, 2015), (Lieutenant required to perform duties of a captain position that was vacant due to the retirement of the Captain in addition to his own duties); and City of Somerville and Somerville Police Employees Assoc. MUP 13-2977 (December 30, 2015).

City of Somerville, 29 MCSR 525 (2010) (citizen harassment); Andrade v. Town of Hudson, 21 MCSR 73 (2008) (bar fight); Rivers v. Town of Wilmington, 19 MCSR 425 (2000) (bar fight). Second, the Appellants contention that he is entitled to a Summary Decision in his favor now that he has been acquitted of all criminal charges similarly misses the mark.

CITY OF HOLYOKE, Respondent CITY OF SOMERVILLE, Respondent DECISION Pursuant to G.L. c. 31, 43, the Chair of the Civil Service Commission (Commission) assigned the Commissions General Counsel to serve as presiding officer over a multi-day evidentiary hearing into those issues raised by the Appellant, former Holyoke police officer Rafael Roca, in conjunction with his employment termination appeal.