Helene Bettencourt Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 02148-4906 Dear Ms. Bettencourt: I have received the petition of Michelle Brown appealing the nonresponse of the Department of Elementary and Secondary Education (Department) to a request for public records. G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Brown requested the following records: 1.

Helene Bettencourt Department of Elementary and Secondary Education 75 Pleasant Street Malden, MA 02148-4906 Dear Ms. Bettencourt: I have received the petition of Michelle Brown appealing the nonresponse of the Department of Elementary and Secondary Education (Department) to a request for public records. G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1). Specifically, Ms. Brown requested the following records: 1.

Compare City of Malden, 5 MLC 1752, 1764, MUP-3017 (March 20, 1979) (CERB held that timing alone was insufficient to support a finding of 6 Dismissal (cont'd) SUP-19-7555 unlawful employer motivation); contrast, Town of Carver, 35 MLC at 48 (several factors may suggest unlawful motivation, including the timing of the alleged discriminatory act, triviality of reasons given by the employer, disparate treatment, employer's deviation from past practices

Ct. 908 (2009).....15, 23 City of Holyoke, 35 MLC 153, MUP-05-4503 (Jan. 9, 2009).25 City of Malden, 5 MLC 1752, MUP-3017 (March 20, 1979).....25 Commissioner of Admin. & Fin. v. Commonwealth Employment Relations Bd., 477 Mass. 92 (2017)...15 Felton v. Labor Relations Commn, 33 Mass. App. Ct. 926 (1992)..16, 17 Johansen v. NCR Comten, Inc., 30 Mass. App. Ct. 294 (1991)..22 Labor Relations Commn v. Univ.

Compare - 53 - City of Malden, 5 MLC 1752, 1764, MUP-3017 (March 20, 1979) (CERB held that timing alone was insufficient to support a finding of unlawful employer motivation); contrast, Town of Carver, 35 MLC at 48 (several factors may suggest unlawful motivation, including the timing of the alleged discriminatory act, triviality of reasons given by the employer, disparate treatment, employer's deviation from past practices, or expressions of animus

See, control in prior decisions involving the economic exigencies affirmative (1981); e.g., Town of Brookline, 20 MLC 1570 (1994); City of Malden, 8 MLC 1620 New Bedford School Committee, 8 MLC 1472 (1981). The Board has, however, | in cases addressed the question of circumstances outside an employers control 28 MLC 297, 302 involving a public employers duty to bargain. See Town of Dennis, previously held (2002).

employer may not lawfully implement a unilateral change where circumstances beyond the control of the employer require immediate action); New Bedford School Committee, 8 MLC 1472, 1478 (1981) (noting that the Commission has recognized that an affirmative defense justifying a unilateral change is available to an employer when circumstances beyond the employers control require implementing a change regardless of whether the parties are at impasse; City

This provides further support for our conclusion that the Union s petition, filed on June 28, 2010, barred the unilateral change at issue here. 21 conditions working resolution without ~~ | mm ON circumstances where or impasse beyond the employer's control require immediate action, so that bargaining after the imposition of a change may satisfy the employer's bargaining obligation. 8 MLC 1620, 1625 (1981); New 1595 (citing City of Malden, 1472, o.UmMNCUCUOD

See, e.g., City of Malden, 28 MLC 130, 134, MCR-4853 (October 10, 2001)(clerks who attend regular monthly board meetings to compile the official record are regular part-time employees). I find that both OBrien and Holbert are regularly scheduled and therefore their part-time status does not make them ineligible to be in the unit.

See City of Malden, 5 MLC 1752, 1764, MUP-3017 (March 20, 1979). Therefore, for all the reasons above, I find the Union has failed to show probable cause to believe that the Town violated Section 10(a)(3) of the Law in the manner alleged, and I dismiss the remainder of the Charge in its entirety. COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS _____________________________________ CAREY D.

City of Malden, 23 MLC 181, 183 (1997). Thus, it is the schoo] committee that 1s charged to bargain with over the municipalitys decision to change health insurance benefits, a mandatory subject of bargaining. City of Gardner, 26 MLC 72, 77 (2000). However, under ing with school employees. In any event, the Association approthat the School Committee also be present at these negotiations.

City of Malden, 23 MLC 181, 183 (1997). Thus, it is the schoo] committee that 1s charged to bargain with over the municipalitys decision to change health insurance benefits, a mandatory subject of bargaining. City of Gardner, 26 MLC 72, 77 (2000). However, under ing with school employees. In any event, the Association approthat the School Committee also be present at these negotiations.

Whittaker White, Middlesex Superior Court No. 1991-03998, which involved the homicide [of an identified person at a specified address in Malden, MA] on November 15, 1991; and, [3] All [Department] records stored at the Walter E. Fernald State School in the case of Commonwealth v.

When dealing with school employees, a municipality and a school committee are a single entity commitments. and share the responsibility for making and fulfilling contractual City of Malden, 23 MLC 181, 183, MUP-9312 and MUP-9312 (Feb. 20, 1997) (citing Lawrence School Committee, 19 MLC 1167, 1170, n.4, MUP-7363 (Aug. H.O. Decision (cont'd) 12, 1992)).

When dealing with school employees, a municipality and a school committee are a single entity commitments. and share the responsibility for making and fulfilling contractual City of Malden, 23 MLC 181, 183, MUP-9312 and MUP-9312 (Feb. 20, 1997) (citing Lawrence School Committee, 19 MLC 1167, 1170, n.4, MUP-7363 (Aug. H.O. Decision (cont'd) 12, 1992)).