Third Floor Dated: January 12, 2012 New Bedford, MA 02740 Tel. (508) 990-9101 Fax (508) 990-9108 mkennefick@tcrottylaw.com CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing Respondent's Answer to Complaint of Prohibited Practice was served this day by first-class mail, postage preppid. upon Leonard Schneider, Esq.. 28 Market Street, Swansea, MA 02777. Dated: January 12, 2012 / AA ] Michal J. Kennefick -3- A } /

D-13-249 TOWN OF DARTMOUTH, Respondent Appearance for Appellant: William Straus, Esq. 15 Hamilton Street New Bedford, MA 02740 Appearance for Respondent: Howard L. Greenspan, Esq. 200 Broadway Suite 304 Lynn, MA 01940 Commissioner: Paul M.

Lang, Xifaras & Bullard 115 Orchard Street New Bedford, MA 02740 Department of Correction Representative: Alexandra McGinnis Department of Correction Division of Human Resources Industries Drive, P.O. Box 946 Norfolk, MA 02056 Commissioner: Paul M.

Karen Hathaway, Southeast Area Coordinator Stephen Mello, President Local 1701 Rhonda OConnell, Steward Local 1701 South Shore Area Office 46 Foster Street, New Bedford, MA 02740 Tel: 508-897-9936 * Fax: 508-991-4266 oeitepz02 Www.afscme93.org Thank

New Bedford, MA. 02740 Phone: 774-202-8068 Fax: 508-991-4266 Email: staveira@afscme93.org Like Us on Facebook Follow us on Twitter www.afscme93.org Text 93 to 237263 to receive periodic updates and important notices from your union.

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 Brockton established reasonable justification to bypass Mr. Benitez for appointment as a BFD firefighter based on his lack of candor in providing information about his residency in Brockton. Ironically, Mr.

The City of New Bedford (City) is a public employer within the meaning of Section 1 of the Law. The School Committee is the collective bargaining representative of the City for the purpose of dealing with school employees. The Association is an Section 1 of the Law. employee organization within the meaning of The Association is the exclusive bargaining representative for a unit of administrators (Unit B) employed by the School Committee.

In the Matter of CITY OF NEW BEDFORD and AFSCME COUNCIL 93, AFL- CIO, MUP-09-5581/MUP-09-5599 : November 17, 2011 ,..AS we have stated, the MOA expired according to its fixed term on March 31, 2004. In light of our conclusion that the evergreen clause was invalid because it violated the clear mandate of G.

City of New Bedford, 29 MCSR 471 (2016); Morley v. Boston Police Dept, 29 MCSR 456 (2016); 4 This particular standard is especially pertinent here. I would have thought that when Ms.

City of New Bedford, 24 MCSR 368 (2011) (discipline of firefighter for offduty animus, taunting and physical altercation with another firefighter at an arbitration hearing); LeCompte v. Department of Correction, 24 MCSR 534 (2011) (discipline of correction officer for violently resisting arrest that resulted in his being Tasered). Here, Mr.

City of New Bedford, 15 MLC at 1739; Commonwealth of Massachusetts v. Labor Relations Commission, 60 Mass. App. Ct. at 834. The Union argues that the transfer of unit work to Seaman adversely impacted the bargaining unit as a whole and Brown as an individual. | am not persuaded that assigning Browns former Unit Manager duties to Seaman adversely affected Brown.