Commonwealth of Massachusetts, 23 MLC at 172; City ofEverett, 8 MLC 1036, 1038, MUP-3807 (June 4, 1981), affd 8 MLC 1393, MUP-3807 (October 21, 1981) (applying this standard with respect to practice of allowing time off to take promotional Civil Service exams and acknowledging hearing officers finding that it was only because the promotional Civil Service exams are given on an irregular basis that the City had few occasions to implement the practice
See City ofEverett v. Local 1656, Intl Assn of Firefighters, 411 Mass. 361, 368 (1991) (agency has expertise in fact finding regarding interpretation of collective bargaining agreements). The Union recognizes that the Department or CERB has deferred numerous unilateral change charges to arbitration.
The City ofEverett is a greater Boston community, typically reflecting a higher compensation factor than the South Coast region. The City of Springfield is located in the western part of the Commonwealth, and as the third largest city in the Commonwealth, its Police Officer compensation cannot be used to evaluate the Citys Police Officer wage and benefit 10 rates.
Town of Belchertown and AFSCME, Council 93, 27 MLC at 73 (2000), citing City ofEverett, 26 MLC 25 (1999). To determine whether the parties reached an agreement, the Division considers whether there has been a meeting of the minds on the actual terms of the agreement.
City ofEverett, 7 Mass. App. Ct. 826 (1979. The CERBs remedy places successful charging parties in the position they would have been in but for the unfair labor practice. Comm. of Mass., 29 MLC 132 (2003). The CERB may order make-whole remedies to compensate employees who suffer economic losses due to a partys unlawful action. Town of Shrewsbury, 15 MLC 1230 (1988).
The Appellant, Kevin Prophete, is a male in his mid-30s who currently resides in Everett, MA. He was raised in Somerville, MA and graduated from Somerville High School. (Resp.Exh.2; Testimony of Appellant) 2. The Appellant is a certified automotive repair technician with approximately 15 years experience, most recently as a lead technician for a national car rental company. (Resp.Exhs.2 & 3; Testimony of Appellant) 3.
See City ofEverett and New England Police Benevolent Association, 2016 WL 2591077 MUP 13 3006, citing City of Worcester v. Labor Relations Commission, 438 Mass. 177, 182 (2002), (citing Burlington v. Labor Relations Commission, 390 Mass. 157, 164 (1983)) "[s]etting the priorities for the deployment of law enforcement resources is purely a matter of policy" which is exempt from the scope of bargaining defined in Section 6 of the Law).
See City ofEverett and New England Police Benevolent Association, 2016 WL 2591077, MUP-12-3006, citing City of Worcester v. Labor Relations Commission, 438 Mass. 177, 182 (2002), (citing Burlington v. Labor Relations Commission, 390 Mass. 157, 164 (1983) [s]etting the priorities for the deployment of law enforcement resources is purely a matter of policy which is exempt from the scope of bargaining defined in Section 6 of the Law).
City ofEverett, 26 MLC 25, 27, MUP-1542 (July 22, 1999). Here, it is undisputed that the Agreements require that night differential be included in holiday pay. It is also undisputed that after the 2008 arbitration award, the City properly complied with the contractual provisions regarding night shift differential on holiday pay, for a time. Subsequently, though, the City failed to pay the night shift differential again.