In City of Somerville, 1 MLC 1234,1236, CAS-2008 (January 7, 1975), the CERB explained that a CAS petition is not an appropriate vehicle for altering a clearly established unit structure that is incorporated in a written collective bargaining agreement.

For the following 3 reasons, I find on Count I that the Committee did not violate the Law, but I find on Count 4 II that the Committee violated the Law as alleged. 5 Failure to Bargain Safety and Workload Impacts 6 Even in situations where an employer may make certain types of decisions without 7 prior bargaining, if a managerial decision impacts a mandatory subject of bargaining, then 8 bargaining over the impacts is required.22 City of Somerville

Commonwealth Employment Relations Bd., 453 Mass. 389 (2009) City of Lawrence, 44 27 MLC 57 (2000) 45 City of Melrose, 2008 WL 5395581, w2 (CERB 2008) 31 City of Somerville, 43 City of Quincy, 23 MLC 256 (1997) 27 15 MLC 1239 (1988) . Corn. v. Labor Relations Com'n, 60 Mass. App. Ct. 831 (2004) Commonwealth of Massachusetts, Cook v. Kelley, 26 . 45 36 MLC 65 (2009) 36 352 Mass. 628 (1967) Covich V.

See Higher Education Coordinating Council, 23 MLC 90, 92 (1996); City of Boston, 6 MLC 1117, 1125 (1979); City of Somerville, 23 MLC 256, 259 (1997) (In shared work cases, an employer is not obligated to bargain over every incidental variation in job assignments between unit and non-unit employees).

City of Boston, 29 MLC 122, 124 (2009); City of Somerville, 23 MLC 256, 259 (1997) . The Federation failed to meet its burden to demonstrate that the work in question was exclusive versus shared work. Town of Natick, 11 MLC 1434, 1439 (1985). The Complaint in this matter named a civilian employee, Frank Pedersen, as the person allegedly performing the work that Sgt. Det.

Division of Legal Services Massachusetts Teachers Association 2 Heritage Drive - 8th Floor Quincy, MA 02171 (617) 878-8143 Lhoule@massteacher.org City BRIGHTON MA 02135 WALTHAM MA 02453 SOMERVILLE MA 02143 WEST NEWTON MA 02465 (d) The place of employment of the public employee/s and the services affected: Newton Public Schools, Newton, Massachusetts, and see below.

Commonwealth Employment Relations Bd., 453 Mass. 389, 400 (2009), citing City of Somerville, 29 M.L.C. 199, 202 (2003); City of Boston, 29 M.L.C. 165, 167 (2002); Board of Higher Educ., 26 M.L.C. 91, 92-93 (2000). The City acknowledges that it may not unreasonably delay in providing the NPSOA with such information. In Re: City of Lynn and AFSCME, Council 93, 2000 WL 35733290 (MA LRC), 3.

Veterans' affairs statute directing mayor to appoint veteran services director with approval of the city council precluded city from agreeing to collective bargaining provisions which interfered with that specific legislative directive. 1 City of Somerville v. Somerville Mun. Employees Ass'n, 451 Mass. 493, 887 N.E.2d 1033 (2008).

City of Somerville, 42 MLC 170, 171, MUP-13-2977 (December 30, 2015). Here, the City offered to bargain on December 20, 2021. The Union demanded bargaining on December 30 and the parties began impact negotiations on January 6, 2022. Negotiations were not completed by the effective date of the revised policy, January 15, 2022.

City of Somerville, 42 MLC 170, 171, MUP-13-2977 (December 30, 2015). Here, the City offered to bargain on December 20, 2021. The Union demanded bargaining on December 30 and the parties began impact negotiations on January 6, 2022. Negotiations were not completed by the effective date of the revised policy, January 15, 2022.

Id. at 185; City of Somerville, 42 MLC 170, 171, MUP-13-2977 (December 30, 2015). In some instances, the means of implementing a decision can also be a mandatory subject of bargaining. School Committee of Newton, 388 Mass at 563564 (the means of achieving a reduction in force can be the subject of collective bargaining).

City of Somerville, 42 MLC 170, 171, MUP-13-2977 (December 30, 2015). I find that the Employer has not violated a Section 10(a)(5) by failing to agree to the Unions request to impact bargain over the 30-day notice that St. Martin delivered during successor contract bargaining.

after acquiring actual knowledge that a change in health insurance plans was being proposed); Commonwealth of Massachusetts, 9 MLC 1682, 1685-1686 (1983) (finding waiver by inaction where Commonwealth notified union two weeks prior to layoffs); Scituate School Committee, 9 MLC 1010, 1012 (1982) (finding Unions failure to demand bargaining between July 23 vote and September 2 implementation of schedule change constituted waiver of right to bargain); City

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.