See Town of Chelmsford, 8 MLC 1913, 1916 (1982) (disregarding employers contention that it lacked intent to violate the Law); City of Cambridge, 30 MLC 31, 32 (2003) (ruling on an evidentiary issue that did not affect the merits of the Section 10(a)(1) case).

END OF PROPOSAL ols ESR eke eof ah af ke as se bg Ae eo oe ee ake ae oe dt ake ake oe ae a fs 2k ae oe fe fe oe ofa ae aR eof g'd 9PS6E2Z2219 a toe AE oe of ae ake ke ae fe op fe a afk of te oe aie S|PAVOW) Yy UeSS ok ae acai BGL-ZO Eb tL 98q BOSTON REGIONAL OFFICE 1495 Hancock Street, Suite 300 Quincy, MA 02169 Phone: 617-773-9090 Fax: 617-773-9669 HEADQUARTERS 7 Technology Drive, Suite 102 Chelmsford, MA 01863 Phone: 978-453-2500 Fax: 978-453-2555

NEPBA Headquarters & Building | 7 Technology Drive - Suite 200 | Chelmsford, MA 01863 Office: 978-453-2500 (Ext. 2100) | Fax: 978-453-2555 | Cell: 978-771-7001 Email: gjflypn@nepba.org | Website: www.nepba.org Representing New Englands Finest Begin forwarded message: From: "Dill, Marianne (HRD)" Date: March 1, 2022 at 4:29:38 PM EST To: HRD-DL-OER-Union Presidents , Thomas McKeever <

Qua, Hall, Harvey & Walsh tcher Street Chelmsford, MA 01824 978-250-4255 -1- CERTIFICATE OF COMPLIANCE/SERVICE I, James P. Hall, Esq., hereby certify that a true copy of the within document was mailed to the Division, Petitioners counsel, an he City of Lowells counsel so as to arrive at or before 20 days after notice to do so vayexzived wow Hall

The Commonwealth Employment Relations Board (CERB) does not analyze the motivation behind the conduct, Town of Chelmsford, 8 MLC 1913, 1916, MUP-4620 (March 12, 1982), aff'd sub nom. Town of Chelmsford v. Labor Relations Commission, 15 Mass. App. Ct. 1107 (1983), or whether the coercion succeeded or failed. Groton-Dunstable Regional School Committee, 15 MLC 1551, 1556, MUP-6748 (March 20, 1989).

The CERB does not analyze the motivation behind the conduct, Town of Chelmsford, 8 MLC 1913, 1916, MUP-4620 (March 12, 1982), affid sub nom. Complaint and Partial Dismissal (cont'd) SUP-16-5546 Town of Chelmsford v. Labor Relations Commission, 15 Mass. App. Ct. 1107 (1983), or whether the coercion succeeded or failed. Groton-Dunstable Committee, 15 MLC 1551, 1556, MUP-6748 (March 20, 1989).

Town of Chelmsford, (1983). 8 MLC 1913, 1916 (1982), affd sub nom., 15 Mass. App. Ct. 1107 As a night manager, Gallo O'Connell was a supervisor and as a supervisor was an agent of the employer. See Town of Chelmsford, 8 MLC at 1917 (presuming that supervisors are acting and speaking for the employer).

Town of Chelmsford, (1983). 8 MLC 1913, 1916 (1982), aff'd sub nom., 15 Mass. App. Ct. 1107 As a night manager, Gallo OConnell was a supervisor and as a supervisor was an agent of the employer. supervisors advance, See Town are acting and speaking Eichstaedts University became approval to of Chelmsford, 8 MLC at 1917 (presuming for the employer).

It is not appropriate to analyze either the motivation behind the conduct, Town of Chelmsford, 8 MLC 1913, 1916, MUP-4620 (March 12, 1982), affd sub nom. Town of Chelmsford v. Labor Relations Commission, 15 Mass. App. Ct. 1107(1983), or whether the coercion was successful or not. Groton-Dunstable Regional School Committee, 15 MLC at 1555.

As the CERB recognized in Town of Chelmsford, 18 supervisors are presumed to be acting and speaking for the employer, even when the 19 employer has instructed the supervisor to refrain from such action, so long as the 20 employers instructions have not been communicated to employees. 8 MLC 1913, 1916, 21 MUP-4620 (March 12, 1982), affd 15 Mass. App. Ct. 1107 (1983).

0 Exe HEADQUARTERS 7 Fechnology Drive; Suite 102 Chelmsford, MA 01863 Phone:.978-453-2500 Bax:. 978-453-2555; BOSTON REGIONAL OFFICE 1495 Hancock Street, Suite 300 Quincy, MA 02169 Phone: 617-773-9090 Lax: 617-773-9669 SEAN R.

Nolan, Perroni, & Harrington 73 Princeton Street, The Mill Suite 306 Chelmsford, MA 01863 Darren R. Klein, Esq.

Sirigu, hereby certify that I have served a true and accurate copy of the foregoing Town of Provincetowns Response to the Unions Charge of Prohibited Practice by electronic mail to the following counsel of record on the date below: Peter Perroni, Esq. 73 Princeton St North Chelmsford, MA 01803 peter@nolanperoni.com Date: April 14, 2022 /s/ Matthew V. Sirigu______________ Matthew V.