the ratified work plan was on the Mayors desk waiting This finding Saraiva wrote members her approval. in March stating that McGraw is further buttressed wanted that the plan was on the Mayors desk. by the email Saraiva to tell bargaining Given McGraws unit status as EMS Director and his involvement in all of the negotiations regarding the new schedule, he was Clearly vested with the actual or apparent authority to act on the Citys behalf. e.g., Town

Id. at 19; Town of Chelmsford, 8 MLC 1913, 1916 (1982) (Thus, where alleged violations of Section 10(a)(1) are involved it is the effect that the employers action had upon employees, rather than employers motivation in taking such 26 action, that is the essence of the case.), affd sub nom., Town of Chelmsford v. Labor Relations Commission, 15 Mass. App. Ct. 1107 (1983).

.; Town of Chelmsford, 8 MLC 1913, 1916 (1982), aff'd sub nom. Town of Chelmsford v. Labor Relations Commission, Mass. App. Ct. 1107 (1983), or whether the Groton-Dunstable Regional School Committee, Degnans Layoff Statement (Count 4) 55 coercion succeeded 15 or failed. 15 MLC 1551, 1556 (1989). H.O. Decision (contd.)

McNiff: And what of Town you are exactly what with the Town of Chelmsford? employed as by the, at this I am the Supervisor of the Drug and Alcohol May 31, 1985, were you on duty at that I was supervising the surveillance and Alcohol violations. of the Sgt. McNiff: In Sgt. Rourke: Yes. Sgt. McNiff: On you were McCarthy. MA. Sgt. Sgt. Rourke: lot for Drug Rourke. sworn was please, name your state you Mr. now time? Unit. Control time? was. ?

Sweet accepted a forfeiture of three vacation days and agreed to attend anger management training, after a complaint for conduct that occurred in in 2004 in Chelmsford, MA but is not otherwise specified. Based on the low level of discipline, the absence of subsequent complaints for a period of over two years and Tpr.

Town of Chelmsford, MUP-12-2093 (2014), citing Forbes Library, 384 Mass. 559, 563 (1981). In this, the City fails woefully because it produced no evidence of what the reason or reasons were for the transfer. Even if the simple presence of the reprimand were deemed sufficient to meet the Citys burden, the obvious bias in its connivance makes it highly suspect. As detailed more precisely above, Lt.

Town of Chelmsford, MUP-12-2093 (2014), citing Forbes Library, 384 Mass. 559, 563 (1981). In this, the City fails woefully because it produced no evidence of what the reason or reasons were for the transfer. Even if the simple presence of the reprimand were deemed sufficient to meet the Citys burden, the obvious bias in its connivance makes it highly suspect. As detailed more precisely above, Lt.

Nolan (BBO#634907) Nolan | Perroni, PC 73 Princeton Street, Suite 306 North Chelmsford, MA 01863 (978) 454-3800 gary@nolanperroni.com CERTIFICATE OF SERVICE I, Gary G. Nolan, counsel for the NEPBA, hereby certify that I have forwarded this Notice of Withdrawal to all counsel of record via electronic mail. s/Gary G. Nolan ____________________________

Nolan (BBO#634907) Nolan | Perroni, PC 73 Princeton Street, Suite 306 North Chelmsford, MA 01863 (978) 454-3800 gary@nolanperroni.com CERTIFICATE OF SERVICE if Gary G. Nolan, counsel for the NEPBA, hereby certify that I have forwarded this Notice of Withdrawal to all counsel of record via electronic mail. s/Gary G. Nolan

Nolan | Perroni, P.C. 73 Princeton Street, Suite 306 North Chelmsford, MA 01863 Phone 978-454-3800 / Fax 978-454-2767 Click www.nolanperroni.com for our website. NOTICE OF CONFIDENTIALITY /DISCLAIMER: The information contained in this electronic message is ATTORNEY PRIVILEGED AND CONFIDENTIAL and is not intended for transmission to, or receipt by, any unauthorized persons or unintended recipients.

HEADQUARTERS 7 Technology Drive, Suite 102 BOSTON REGIONAL OFFICE Chelmsford, MA 01863 1495 Hancock Street, Suite 300 Quincy, MA 02169 Phone: 978-453-2500 Phone: 617-773-9090 Fax: 978-453-2555 Fax: 617-773-9669 Mailing Address: SEAN R.

Nolan, Perroni, PC 73 Princeton Street, Suite 306 North Chelmsford, MA 01863 Appearance for Respondent: James M. Pender, Esq. Morgan, Brown and Joy, LLP 200 State Street, 11th Floor Boston, MA 02109 Appearance for Intervenor: Leah Marie Barrault, Esq. The Labor Collaborative 12 Granite Street Quincy, MA 02169 Commissioner: Cynthia A.

Town of Chelmsford and Chelmsford Firefighters, Local 1839, MUP-12-2093, 2014 WL 4965414, at *9 (Sept. 23, 2014), citing Trustees of Forbes Library, 34 Mass. 559, 566 (1981); Quincy School Committee, 27 MLC at 92; and Commonwealth of Massachusetts, 14 MLC 1743, 1748, SUP-3081 (May 19, 1988.