In adopting this policy, the Commission noted that the main consideration underlying a deferral decision is whether the deferral will encourage prompt and effective settlement of public sector disputes. Jd. Here, as noted above, the alleged unilateral conduct could not have breached the Agreement because the Agreement clearly vested the right to determine the qualifications of employees with the Committee.

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.

In addition, the Parties are direct ed 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.

[|No Note: The Division may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party. CMR 15.04(1). The Division may refer the charge to a Division mediator for settlement discussions. INFORMATION ON CHARGING 17. 18. Name 19. PARTY |20. Representative to contact 21.

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 (QO), Employer (E): |O 40. Name SENA, Local 9158 41. Representative to contact 42.

[| Yes | No 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). INFORMATION ON CHARGING 17. Name Mass. Comm. College Council/MTA/NEA 19. PARTY 18. Representative to contact 20. Telephone Number Matthew Jones, Esq. 617.878.8283 Address (street and No., citytown, state, and ZIP code) 21.

The rationale behind the policy is to encourage the prompt and effective settlement of public sector disputes utilizing binding grievance and arbitration procedures. While there is no pending grievance per se in this matter, there is a contractually agreed upon process for the Union to file MCCC a Written Request to Accrete Position into Day Unit as prescribed the parties agreed-upon process. See Attachment B.

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. 1.

NOL] 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) INFORMATION ON CHARGING PARTY 18. Name 19. Representative to contact Alliance/AFSCME Council 93 Atty. Joseph DeLorey 20. Address (street and No., city/town, state, and ZIP code) 8 Beacon St., Boston, MA 02108 23. The Charging Party is an: (J Individual 21. Telephone Number 617 367 6035 22.

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 40. Name 41. Representative to 42.

ratification of the Memorandum of Agreement (hereinafter the Agreement) by the full Board to whom the Subcommittee agrees to recommend acceptance, and the Negotiating Subcommittee of the AFSCME, Council 93, AFLCIO (hereinafter the Federation), acting subject to the ratification of this Agreement by the membership of the Federation to whom the Subcommittee agrees to recommend acceptance, hereby mutually agree to the following terms and conditions of settlement

ARTICLE XXXIV OTHER SETTLEMENT PROVISIONS As part of this contract settlement, the parties agree to accept: a. the classification and compensation plan changes and revised job descriptions as developed by the Town's consultant; and b. the revised annual performance evaluation documents developed by the Town.

In the event that another bargaining unit reaches a more favorable settlement on this issue, both parties agree that they will reopen for the purposes of extending the economic benefit, except that an award issued by the Massachusetts Joint Labor Management Commission in pending involving the East Bridgewater Firefighters Union shall not constitute a more favor able settlement.