Bay Community Callege + Massasoit Community College * Middlesex Community College * Mount Wachusett Community College + Northern Essex Community College * North Shore Community College + Quinsigamond Community College + Roxbury Community College + Springfield Technical Community College @ Prove on Reevereo Pare COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS Massachusetts Community College Council, MTA Charging Party ) ) ) ) v. ) Board

Mount Wachusett Community College Faculty Association, 14 Mass. App. Ct. 191, 199 (1982) (citations omitted). Consequently, an aggrieved employee, notwithstanding the possible merits of his [or her] claim is subject to a union's discretionary power to pursue, settle, or abandon a grievance, so long as its conduct is not improperly motivated, arbitrary, perfunctory or demonstrative of inexcusable neglect." Baker v.

Mount Wachusett Community College Faculty Association, 14 Mass. App. Ct. at 199). This Board reviews the circumstances of each case to determine whether a union's investigation or inquiry was sufficient for it to make a reasoned judgment in deciding whether to pursue or abandon a grievance. Local 285, SEIU, 9 MLC 1760, 1765 (1983) (citing Local 509, SEIU, 8 MLC 1173 (1981)).

Bay Community College + Massasoit Community College + Middlesex Community College * Mount Wachusett Community College + Northern Essex Community College * North Shore Community College * Quinsigamond Community College + Roxbury Community College + Springfield Technical Community College @ Puosren ov Reoveuro Parex COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS AFSCME, COUNCIL 93 ) AFL-CIO, ) ) Case No. ) SUP-12-2392 Charging Party v.

Bay Community College * Massasoit Community College + Middlesex Community College Mount Wachusett Community College * Northern Essex Community College North Shore Community College * Quinsigamond Community College * Roxbury Community College * Springfield Technical Community College PRinteD ON RECYCLED PAPER COMMONWEALTH OF MASSACHUSETTS BEFORE THE DIVISION OF LABOR RELATIONS RRR REE ERERE KR KER KR KR RK KEKE KKK EK EEE In the matter of ) Board of

Bay Community College * Massasoit Community College * Middlesex Community College * Mount Wachusett Community College + Northern Essex Community College North Shore Community College * Quinsigamond Community College + Roxbury Community College + Springfield Technical Community College PRINTED ON RecycLeD PareR

Mount Wachusett Community College Faculty Association, 14 Mass. App. Ct. 191, 199 (1992). Consequently, Mr. Bohnenberger, notwithstanding the possible merits of his claim, is subject to the Union's discretionary power to pursue, settle, or abandon a grievance, so long as its conduct is not improperly motivated, arbitrary, perfunctory or demonstrative of inexcusable neglect. Baker v.

Bay Community College + Massasoit Community College Middlesex Community College + Mount Wachusett Community College + Northern Essex Community College * North Shore Community College * Quinsigamond Community College * Roxbury Community College + Springfield Technical Community College @B Prete os Rreveunt Pavone / Diana Yohe Josselyn Porter September 19, 2017 Student Affairs Position will go from parttime to full-time.

Mount Wachusett Community College Faculty Ass'n, 437 N.E.2d 564, 14 Mass.App.Ct. 191 (Mass.

Mount Wachusett Community College Faculty Association, 14 Mass. App. Ct. 191, 199 (1992) (citations omitted). | find that Mr. Viscontis allegations are meritless. There is no dispute that the Union pursued his grievance to arbitration and prevailed. The Unions refusal to provide the 2012 Arbitration brief or appeal the 2012 Arbitration award does not demonstrate a failure to represent Mr. Visconti fairly under the Law.

Mount Wachusetts Community College Faculty Association, 14 Mass. App. Ct. 191, 199 employee, aggrieved an "Consequently, omitted). (citations (1992) notwithstanding the possible merits of his claim is subject to a union's discretionary power to pursue, settle or abandon a grievance, so long as its conduct is not improperly motivated, arbitrary, perfunctory or demonstrative of inexcusable neglect." Baker_v.