City of Everett, 7 Mass. App. Ct. 826 (1979); Millis School Committee, 23 MLC 99, MUP-9038 (October 8, 1996). When an employer is found to have retaliated in regards to any term or condition of bargaining unit members employment because they engaged in concerted protected activity, the usual remedy requires the employer to make the affected employees whole 25 H.O.

demonstrate that the in violation of Town unilaterally altered or changed an existing term or condition of employment altered an Sections 10(a)(5) and (1) of the Law, the Union must prove that: (1) the employer existing practice or instituted a new one; (2) the change affected a mandatory subject of ty to bargain. bargaining; and (3) the change was established without prior notice or an opportuni (1995) See City of Boston, 26 MLC 177, 181 (2000); City

City of Boston, 26 MLC Complaint and Partial Dismissal (cont'd) MUP-18-6456 215, 216, MUP-2081 (May 31, 2000); City of Everett, 26 MLC 25, MUP-1542 (July 22, 1999). The Association and the Subcommittee did not establish ground rules to control their negotiations for a successor memorandum of agreement for the 2017 to 2018 school year. In addition, the parties did not reduce their proposals to writing.

City of Everett, 27 MLC 147, 150, MCR-4824 4 (May 23, 2001). The CERB has construed exceptions to the definition of employee 5 narrowly to preclude as few employees as possible from collective bargaining while not 6 unduly hampering an employers ability to manage the operation of the enterprise. 7 Framingham Public Schools, 17 MLC at 1236. 8 The Town contends that the Assistant Superintendent is a confidential employee 9 for several reasons.

Water District, 28 MLC is followed Commonwealth 1038 MUP-3807 each a 244, 245, MUP-2436, of Massachusetts, of employment consistent may practice time that the circumstances 23 MLC that be found applies preceding of Massachusetts, 23 MLC at 172; City of Everett, (June 4, 1981), affd 8 MLC 171, 172, despite to rare the practice 8 MLC 1036, 1393 (October 21, 1981) (applying this standard with respect to practice of allowing time off to take promotional

Water District, 28 MLC is followed Commonwealth 1038 MUP-3807 each a 244, 245, MUP-2436, of Massachusetts, of employment consistent may practice time that the circumstances 23 MLC that be found applies preceding of Massachusetts, 23 MLC at 172; City of Everett, (June 4, 1981), affd 8 MLC 171, 172, despite to rare the practice 8 MLC 1036, 1393 (October 21, 1981) (applying this standard with respect to practice of allowing time off to take promotional

Water District, 28 MLC is followed Commonwealth 1038 MUP-3807 each a 244, 245, MUP-2436, of Massachusetts, of employment consistent may practice time that the circumstances 23 MLC that be found applies preceding of Massachusetts, 23 MLC at 172; City of Everett, (June 4, 1981), affd 8 MLC 171, 172, despite to rare the practice 8 MLC 1036, 1393 (October 21, 1981) (applying this standard with respect to practice of allowing time off to take promotional

1 FORNI, STACEY (Primary) (Primary) 781-233-0502 978-660-3795 M SEX RACE- AGE SSN F WwW 49 NOT AVAIL 617-233-1740 27 HAMILTON ST SAUGUS MA 01906 [CAUTIONS] Caution Caution Type (Other/Unspecified) CONTACT Home Home INFORMATION: Phone Phone i LICENSE Start Date 07/07/2022 (Primary) (Primary) HEIGHT: BODY: DOB: NUMBER: 503 SLIM 11/05/1972 NOT AVAIL. 617-233-1740 781-233-1740 WEIGHT: 105 HAIR: COMPLEXION: PLACE OF BIRTH: ETHNICITY: BROWN EYES: FAR EVERETT

DECEDENT IS: MVA: No TOWN OF MVA: STATE OF MVA: ACCIDENT DETAILS: INJURY: No INJURY AT WORK: DATE OF INJURY: TIME OF INJURY: HOW INJURY OCCURRED: PLACE OF INJURY (TYPE): LOCATION OF INJURY: BODY DECOMPOSED: No BONES INVOLVED: No Emergency Contact/ Person at Scene EMERGENCY CONTACT: ADDRESS: CONTACT NUMBER: EMERGENCY CONTACT RELATIONSHIP: OTHER, SPECIFY: Next of Kin NEXT OF KIN: George Newcomb ADDRESS: 381 FERRY ST APT 606, Everett, MA CONTACT NUMBER

City of Everett, 26 MLC 25 (1999). Repudiation of an agreement must be supported by the "kind of clear and unequivocal statement of the parties responsibilities such that the Employer would have sufficient notice that specific acts or omissions were in violation of that agreement," Higher Education Coordinating Council and Mass. 12 Community College Counci/MTA/NEA, SUP 4141 (1996), p.3. of Decision of the Administrative Law Judge.