See Town of Dennis and Dennis Firefighters, Local 2583, IAFF, Case No. MUP-2634, April 3, 2002. It is the Unions position that your actions constitute an unfair labor practice within the purview of M.G.L. c 150E, 10(a)(5) and 10(a)(1). The Union hereby demands that you rescind these changes and offer to the Union notice and an opportunity to bargain prior to effectuating any such changes.

See also Town of Dennis, 12 MLC 1027, 1030-31(1985) citing Local 346, International Brotherhood of Police Officers v. Labor Relations Commission, supra. In deciding which matters are outside the scope of mandatory bargaining, the CERB has applied a test that attempts to balance the interest of the public employer in maintaining its managerial prerogatives against the interest of employees in bargaining over terms and conditions of employment.

.* The Effect of Provincetowns no Vote In Town of Dennis, 28 MLC 297 (2002), the Commonwealth Employment Relations Board (CERB) held that even though a joint purchasing group rather than an individual town made the decision to change health insurance co- payments, the Town of Dennis was still required to bargain over the decision to change the terms and costs of health insurance, and the Town's implementation of co-payment increases in accordance

See Stipulations Accordingly, to the extent the Respondents footnote may be construed as seeking review of the Hearing Officer's conclusions regarding Stipulated Question 2(a), we summarily affirm the Hearing Officer's reasoning and conclusion that, in accordance with Town of Dennis, 28 MLC 297 (2002), the Town of Provincetowns October 5 no vote did not give it the right to make plan design changes in health insurance benefits, effective July 1, 2012

Town of Dennis, 28 MLC 297, MUP-2634 (April 3, 2002). Third Party Control Where a authority to employer may third change party over which employees terms the employer and not be required to bargain conditions has no control, exercises of employment, over the decision to make the its public that change. Massachusetts Correctional Officers Federated Union v.

.* The Effect of Provincetowns no Vote In Town of Dennis, 28 MLC 297 (2002), the Commonwealth Employment Relations Board (CERB) held that even though a joint purchasing group rather than an individual town made the decision to change health insurance co- payments, the Town of Dennis was still required to bargain over the decision to change the terms and costs of health insurance, and the Town's implementation of co-payment increases in accordance

Finally, the Hearing Officers conclusion that the Respondents violated c. 150E by voting on October 5, 2011, as members supported by the DLRs of the CCMHG, decisions that preceded (2002), it was not the vote of the CCMHG to make MHIA. plan design changes In Town of Dennis, is not even 28 MLC 297 to change plan design that was the basis of the Unions successful claims against the member Town.

See Stipulations Accordingly, to the extent the Respondents footnote may be construed as seeking review of the Hearing Officer's conclusions regarding Stipulated Question 2(a), we summarily affirm the Hearing Officer's reasoning and conclusion that, in accordance with Town of Dennis, 28 MLC 297 (2002), the Town of Provincetowns October 5 no vote did not give it the right to make plan design changes in health insurance benefits, effective July 1, 2012

KP Law 101 Arch Street Boston, MA 02110 Dear Attorney McCarthy: I have received the petition of Attorney Timothy Burke appealing the nonresponse of the Town of Dennis (Town) to a request for public records. G. L. c. 66, lOA; see also 950 C.M.R. 32.08(1). Specifically, Attorney Burke requested records regarding a complaint for illegal dumping at an identified address. Having received no response, Attorney Burke petitioned this office.

Ct.. 926 (1992); Town of Lenox, 29 MLC 52 (2002) (citing Town of Dennis, 26 MLC 203 (2000). Thus, in unilateral change cases, the timeliness of a charge turns on when the union knew or should have known that the employer would implement a change affecting a mandatory subject of bargaining without satisfying its Section 6 bargaining obligation.

Ct.. 926 (1992); Town of Lenox, 29 MLC 52 (2002) (citing Town of Dennis, 26 MLC 203 (2000). Thus, in unilateral change cases, the timeliness of a charge turns on when the union knew or should have known that the employer would implement a change affecting a mandatory subject of bargaining without satisfying its Section 6 bargaining obligation.

The Effect of Provincetowns no Vote In Town of Dennis, 28 MLC 297 (2002), the Commonwealth Employment Relations Board (CERB) held that even though a joint purchasing group rather than an individual town made the decision to change health insurance co- payments, the Town of Dennis was still required to bargain over the decision to change the terms and costs of health insurance, and the Town's implementation of co-payment increases in accordance with

See Stipulations Accordingly, to the extent the Respondents footnote may be construed as seeking review of the Hearing Officer's conclusions regarding Stipulated Question 2(a), we summarily affirm the Hearing Officer's reasoning and conclusion that, in accordance with Town of Dennis, 28 MLC 297 (2002), the Town of Provincetowns October 5 no vote did not give it the right to make plan design changes in health insurance benefits, effective July 1, 2012

The Effect of Provincetowns no Vote In Town of Dennis, 28 MLC 297 (2002), the Commonwealth Employment Relations Board (CERB) held that even though a joint purchasing group rather than an individual town made the decision to change health insurance co- payments, the Town of Dennis was still required to bargain over the decision to change the terms and costs of health insurance, and the Town's implementation of co-payment increases in accordance with

See Stipulations Accordingly, to the extent the Respondents footnote may be construed as seeking review of the Hearing Officer's conclusions regarding Stipulated Question 2(a), we summarily affirm the Hearing Officer's reasoning and conclusion that, in accordance with Town of Dennis, 28 MLC 297 (2002), the Town of Provincetowns October 5 no vote did not give it the right to make plan design changes in health insurance benefits, effective July 1, 2012

The Effect of Provincetowns no Vote In Town of Dennis, 28 MLC 297 (2002), the Commonwealth Employment Relations Board (CERB) held that even though a joint purchasing group rather than an individual town made the decision to change health insurance co- payments, the Town of Dennis was still required to bargain over the decision to change the terms and costs of health insurance, and the Town's implementation of co-payment increases in accordance with

See Stipulations Accordingly, to the extent the Respondents footnote may be construed as seeking review of the Hearing Officer's conclusions regarding Stipulated Question 2(a), we summarily affirm the Hearing Officer's reasoning and conclusion that, in accordance with Town of Dennis, 28 MLC 297 (2002), the Town of Provincetowns October 5 no vote did not give it the right to make plan design changes in health insurance benefits, effective July 1, 2012