I am also seeking the Site Selection data for the same Sobriety Checkpoint (October 26, 2023 on Route 16 Eastbound in Everett, MA). The Department provided a response on April 5, 2024. Unsatisfied with the Departments response, Ms. Ursini petitioned this office and this appeal, SPR24/1464, was opened as a result.

City of Everett, 26 MLC 25, 27, MUP-1542 (July 22, 1999). Dismissal (cont.) MUP-21-8530 and MUPL-21-8611 To prevail on its repudiation claim, the BPHC must show that the Union deliberately refused to abide by an unambiguous agreement. Boston School Committee, 22 MLC 1365, 1375, MUP-8125 (January 9, 1996); City of Quincy, 17 MLC 1603, 1608, MUP-6710 (March 20, 1991).

City of Everett, 26 MLC 25, 27, MUP-1542 (July 22, 1999). I find no repudiation here as the parties offered differing good faith interpretations of the Agreement. The Employer understood it was restricted from inviting candidates to question-and-answer sessions under the terms of the Agreement, so it alternatively invited applicants to supplement their application materials with subjective explanations.

City of Everett, 26 MLC 25, 27, MUP-1542 (July 22, 1999). The Union failed to provide sufficient evidence establishing that the School Committee either bargained in bad faith and/or deliberately refused to abide by any terms in the Agreement. The documents offered as part of the investigative record fail to establish that the Agreement contained clear and unambiguous language regarding payment deadlines, or reference to any deadline whatsoever.

City of Everett, 26 MLC 25, 27, MUP-1542 (July 22, 1999). The Union failed to provide sufficient evidence establishing that the School Committee either bargained in bad faith and/or deliberately refused to abide by any terms in the Agreement. The documents offered as part of the investigative record fail to establish that the Agreement contained clear and unambiguous language regarding payment deadlines, or reference to any deadline whatsoever.

City of Everett, 26 MLC 25, 27, MUP-1542 (July 22, 1999). The Union failed to provide sufficient evidence establishing that the School Committee either bargained in bad faith and/or deliberately refused to abide by any terms in the Agreement. The documents offered as part of the investigative record fail to establish that the Agreement contained clear and unambiguous language regarding payment deadlines, or reference to any deadline whatsoever.

City of Everett, 26 MLC 25, 27, MUP-1542 (July 22, 1999). Here, the CBA had expired on August 31, 2021. Because the CBA had expired prior to the start of the 2021-2022 school year, the Union has not established that any binding agreement existed that the School Committee could have repudiated. Repudiation requires the establishment of some promise, oral or written.

City of Everett, 26 MLC 25, 27, MUP-1542 (July 22, 1999). When language in an agreement is ambiguous, the Board may look at the underlying bargaining history to determine the parties intent. City of Lawrence, 23 MLC 213, 215, MUP-9876 (March 31, 1997). There is no repudiation of an agreement if the language of the agreement is ambiguous, and there is no evidence of bargaining history to resolve the ambiguity.

See City of Boston, 26 MLC 177, 181 (2000); City of Everett, 22 MLC 1303, 1309 (1995) (citing Commonwealth of Massachusetts v. Labor Relations Comm'n, 404 Mass. 124, 127 (1989) and School Comm. of Newton v. Labor Relations Comm'n, 388 Mass. 557,572 (1983)).

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 18, 2022 SPR22/1507 Captain Scott Stallbaum Everett Police Department 45 Elm Street Everett MA, 02149 Dear Captain Stallbaum: I have received the petition of Parsa Jalili appealing the response of the Everett Police Department (Department) to a request for public records. G.