Address (street and No., city/town, state, and ZIP code) City Hall Solicitor's Office; 133 William St., New Bedford, MA 6. Employee Organization (if any): New Bedford Educators Association 8. 5. Fax Number 02740 7. Representative to contact 9. Telephone Number Ryan Dunn, Esquire 617-878-8280 Address (street and No., city/town, state, and ZIP code) c/o 20 Ashburton Place; Boston, MA 02108 10. Fax Number 617-248-6921 11.

Cole Director April 19, 2011 Michael Thomas Staff Representative AFSCME Council 93 46 Foster Street New Bedford, MA 02740 Dear Mr.

Ct. 91, 98 (2009); City of New Bedford, 38 MLC 239, 251, MUP- 18 09-5581, MUP-09-5599 (April 3, 2012) affd sub. nom. City of New Bedford v. 19 Commonwealth Employment Relations Board, slip op., A.C. No. 15-P-1 (unpublished 20 order pursuant to Rule 1:28, August 26, 2016); Town of Westborough, 25 MLC 81, 87, 21 MUP-9779, MUP-9892 (June 30, 1997). Wages and withholdings that affect those wages 22 are mandatory subjects of bargaining.

See City of New Bedford, MUP-09-5581 MUP-09-5599 (April 3, 2012); New Bedford School Committee, 8 MLC 1472, 1479 (1981). See also Public Serv. Co. v. NLRB, 318 F.3d 1173, 1176 (2003). The deadline was neither artificial nor unreasonable and was not set in an effort to foreshorten bargaining. See Town of Natick, 19 MLC 1753, 1755 n.2 (1993).

Ct. 1103 (2016), See G.L. c. 150E 9; City of New Bedford v. CERB, 2016 WL4495837 (restricting an employer's ability to implement even proposals comprehended within its pre-impasse proposals where there has been resort to the impasse procedures and no declaration has been issued that the collective bargaining process is completed).

City of New Bedford, 15 MLC 1732, 1737, MUP-6488 (May 31, 1989) (citing Town of Natick, 11 MLC 1434, MUP-5319 (February 19, 1985)). As a practical matter, the City did not transfer bargaining unit work to Ferry on July 1, 2014 as alleged. Based on the record presented, the City merely re-hired Ferry to continue performing the same duties that she had performed in preceding years.

City of New Bedford, 29 MCSR 471 (2016); Morley v. Boston Police Dept, 29 MCSR 456 (2016); Lucas v.

City of New Bedford, 29 MCSR 471 (2016); Morley v. Boston Police Dept, 29 MCSR 456 (2016); Lucas v. Boston Police Dept, 25 MCSR 420 (2012) (mistake about appellants characterization of past medical history).

City of New Bedford, 29 MCSR 471 (2016); Morley v. Boston Police Dept, 29 MCSR 456 (2016); Lucas v. Boston Police Dept, 25 MCSR 420 (2012) (mistake about appellants characterization of past medical history). Denis v. City of Somerville (May 5, 2022). The City of Somerville bypassed Ms.

City of New Bedford, 29 MCSR 471 (2016); Morley v. Boston Police Dept, 29 MCSR 456 (2016); Lucas v. Boston Police Dept, 25 MCSR 420 (2012) (mistake about appellants characterization of past medical history). ANALYSIS Somerville established by a preponderance of the evidence that the decision to bypass the Appellant was made after a thorough review of his suitability and was reasonably justified.

City of New Bedford, 29 MCSR 471 (2016); Morley v. Boston Police Dept, 29 MCSR 456 (2016); Lucas v. Boston Police Dept, 25 MCSR 420 (2012) (mistake about appellants characterization of past medical history). ANALYSIS The decision of the FRPD to bypass the Appellant was far from perfect.