Ct. 172, 183 (1997) City of Somerville v. Commonwealth Employment Relations Board, 470 Mass. 563 (2015) @ 571, 572 The rationale for this premise by the courts is that "[t]here is no obligation to engage in collective bargaining as to matters controlled entirely by statute."

See also, City of Somerville v. Somerville Municipal Employees Association, 451 493, 497 (2008)(court finds a material conflict where an arbitration award Mass. usurps a discretionary power that the Legislature granted to the citys mayor.) There is also a conflict between the statute and the proposal concerning the timing of payment.

City of Somerville, CSC No. G1-16-215 (2016) (strong ties to community do not establish residency) (citing cases). Petitioners, however, are not asking the Commission to take any action vis a vis individuals who may have in the past availed themselves of the Town B option under HRDs policies. Rather, Petitioners are asking that these policies be fixed going forward.

City of Somerville, 44 MLC 123, 125, MUP-16-5023 (January 30, 2018). Impacts The Union also contends that the Investigator erred when she concluded that it had failed to demonstrate any bargainable impacts resulting from the change. The Union Merriam-Websters definition of determine, also includes a Kids Definition, that includes to come to a decision and to fix exactly and with certainty.

See City of Somerville v. Commonwealth Employment Relations Bd., 470 Mass. 563, 568 (2015)( ...the duty of statutory interpretation rests ultimately with the courts.). Based upon the submission of undisputed fact, the University contends that there is a genuine issue of interpretive dispute which should be remanded to the parties to resolve.

City of Somerville, 19 MLC 1795, 1799(1993). Here, as in MCOFU and Somerville, the PFML was the product of a third party, the Legislature, whose process and decisions are well beyond the control and discretion of the 12 2188947_1 2326890_1 Employer, BHE. Therefore, the Employer has no obligation to bargain the decision to enact the PFML,though it does have an obligation to bargain the impacts of the legislation.

See City of Somerville, 29 MLC 199, 202 (2003). The City understands its general obligation to respond to an information request, but in this case the City did not understand the January 14, 2014 email to be an information request rather perceived it to be the proposed agenda for the February 7, 2014 Joint Labor Management Meeting. On Tuesday, January 14, 2014 at 3:08 P.M. Union Representative Madeline Garcia sent Ms.

Town of Saugus, 28 MLC 13, 17 (2001); City of Somerville, 23 MLC 256, 259 (1997). Rather, the employer is only required to bargain if there is a calculated displacement of unit work. Town of Bridgewater, 23 MLC 103, 104 (1998) To prevail in a shared work situation, a charging party must demonstrate that a previous pattern of work existed, and that the employer unilaterally altered that pattern without notice to the union or prior bargaining.

Id. at 137, 1 quoting City of Somerville, 1 MLC 1234, 1236 (1975). However, in the absence of a question concerning representation, the DLR will generally not entertain a CAS petition as a severance petition. City of Quincy, 10 MLC 1027, 1031 (1983).

UT Salt Lake City, UT Sandown NH Sandown NH Sandwich MA Scarborough ME Scarborough ME Scarborough ME Schenectady NY Schenectady, NY Schenectady, NY Schenectady, NY Scituate MA Scituate MA Seabrook NH Seabrook NH Seabrook NH Seabrook NH Seabrook, NH Seabrook, NH Seabrook, NH Seabrook, NH Seattle WA Seattle, WA Seattle, WA Seattle, WA Seymour CT Shelton CT Shelton CT Shrewsbury MA Simsbury CT Simsbury CT Somersworth NH Somersworth NH Somersworth NH Somerville

UT Salt Lake City, UT Sandown NH Sandown NH Sandwich MA Scarborough ME Scarborough ME Scarborough ME Schenectady NY Schenectady, NY Schenectady, NY Schenectady, NY Scituate MA Scituate MA Seabrook NH Seabrook NH Seabrook NH Seabrook NH Seabrook, NH Seabrook, NH Seabrook, NH Seabrook, NH Seattle WA Seattle, WA Seattle, WA Seattle, WA Seymour CT Shelton CT Shelton CT Shrewsbury MA Simsbury CT Simsbury CT Somersworth NH Somersworth NH Somersworth NH Somerville

UT Salt Lake City, UT Sandown NH Sandown NH Sandwich MA Scarborough ME Scarborough ME Scarborough ME Schenectady NY Schenectady, NY Schenectady, NY Schenectady, NY Scituate MA Scituate MA Seabrook NH Seabrook NH Seabrook NH Seabrook NH Seabrook, NH Seabrook, NH Seabrook, NH Seabrook, NH Seattle WA Seattle, WA Seattle, WA Seattle, WA Seymour CT Shelton CT Shelton CT Shrewsbury MA Simsbury CT Simsbury CT Somersworth NH Somersworth NH Somersworth NH Somerville

mandatory subjects, rather than to the decision itself, see, e.g., Commonwealth of Massachusetts, CERB does not apply this principle rigidly. whether the consequence impacts over which of the managerial the 26 MLC at 121-122, the Rather, it considers other factors, including union decision, sought to bargain i.e., whether were bargaining an inevitable could only have ameliorated, but not changed, the impacts of the managerial decision, see, e.g., City