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

Judy Klickstein ClO Judy Kickstein Camiviice Health Alfarice Serer VP Inforrnation fechnalogy & Strategic Planning Chef information and Stratagy Officer $5 Seacon Street #4100 Somerville, MA G2Z143 klickstein@challlance.org (OFice} GL? 665-3275 {Fax} 617 665-2097 This message is for the designated recipient cnly and may contain privileged, proprietary, or otherwise private infarmation.

Lamboy comes to the Collins Center from her most recent position as Executive Director of the City of Somervilles Office of Strategic Planning & Community Development. She brings over 25 years of progressively senior management experience in municipalities across the country, including stints as Chief Operating Officer of the Washington, D.C.

Worcester County Sheriffs Office and Massachusetts Correction Officers Federated Union, 30 MLC 58, 59 (2003); City of Somerville, 29 MLC 199, 2012 (2003); Worcester County Jail and House of Correction, 28 MLC 189, 190 (2001). In particular the employer is obligated to provide the union with information relevant and necessary for the Union to process grievances and administer the collective bargaining agreement. City of Boston, 22 MLC at 202.

Commonwealth of Massachusetts, 2020 MLRC LEXIS 12, 17, SUP-16-5594 (January 16, 2020), citing City of Somerville, 44 MLC 123, 125, MUP-16-5023 (January 30, 2018). Further, the CERB has held that while an employer is generally obligated to bargain before changing a past practice, [the CERB] will not find a binding past practice where it conflicts with the clear and unambiguous language of the parties contract.

Compare City of Somerville v.

City of Somerville v. Commonwealth Employment Relations Board, 470 Mass 563, 571 fn. 13 (2015).

Town of Saugus, 28 MLC 13, 17, MUP-2343 (June 15, 2001); City of Somerville, 23 MLC 256, 259, MUP-8160 (May 2, 1997). Rather, the employer is only required to bargain if there is a calculated displacement of unit work.

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.

Massachusetts Board of Regents/University of Massachusetts Medical Center and AFSCME, Council 93, AFL-CIO, 13 MLC 1046, 1048 (1986)(failure to make prompt and effective demand for bargaining amounted to waiver), citing Boston School Committee, 4 MLC 1912, 1914 (1978); City of Somerville, 4 MLC 1307 (1978); City of Lowell, 3 MLC 1011 (1976). See also Town of Avon, 6 MLC 1290, 1292 (1979).