THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS 19 STANIFORD STREET, 1" FLOOR BOSTON, MASSACHUSETTS 02114 Email: efile.dir@state.ma.us Telephone: (617) 626-7132 FAX: (617) 626-7157 www.mass.gov/dlr DEVAL L. PATRICK GOVERNOR ERICA COMMONWEALTH EMPLOYMENT RELATIONS BOARD F. CRYSTAL MARJORIE DIRECTOR F. WITTNER CHAIR ELIZABETH NEUMEIER BOARD MEMBER HARRIS FREEMAN BOARO MEMBER September 24, 2013 Timothy G. Kenneally, Esq.

WWW :-NPHLEGAL.COM COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS IN THE MATTER OF: ADAM LEVESQUE and Case No. MUPL-13-2569 NEPBA, INC. RESPONSE OF THE NEW ENGLAND POLICE BENEVOLENT ASSOCIATION TO COMPLAINANTS REQUEST FOR REVIEW NOW COMES the NEPBA, Inc., who offers the response set forth below to Adam Levesques (Levesque") request for review of the Departments dismissal of his charge on April 17, 2013.!

-NPHLEGAL.COM EE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS IN THE MATTER OF: ADAM LEVESQUE and Case No. MUPL-13-2569 NEPBA, INC. RESPONSE OF THE NEW ENGLAND POLICE BENEVOLENT ASSOCIATION TO COMPLAINANTS REQUEST FOR REVIEW NOW COMES the NEPBA, Inc., who offers the response set forth below to Adam Levesques (Levesque") request for review of the Depart ments dismissal of his charge on April 17, 2013.'

Based on these circumstances, and the fact that the Commonwealth Employment Relations Board (CERB) rejected the Towns challenges to the inclusion of the Town Accountant position in the bargaining unit (Exhibit 2), the Department of Labor Relations should grant the Unions petition and include the Financial Analyst in the existing bargaining unit of supervisory employees represented by the Union. ' The Town has yet to fill the Town Accountant vacancy

COMMONWEALTH OF MASSACHUSETT S DEPARTMENT OF LABOR RELATIONS CHARGE OF PROHIBITED PRACTICE M.G.L. .150E INSTRUCTIONS: Answer all applicable questions. DO NOT WRITE IN THIS SPACE Case No.

* COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS CHARGE OF PROHIBITED PRACTICE M.G.L. INSTRUCTIONS: Answer all applicable questions.

COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF LABOR RELATIONS CITY OF LAWRENCE ; Petitioning Party, Case No.: CAS-19-7423 SEIU, LOCAL 888, Supervisors and Administrators Respondent. NOTICE OF WITHDRAWAL The City of Lawrence hereby withdraws, without prejudice, the above-captioned matter. CITY OF LAWRENCE By Its attorney, Ca Ff Fler Eric P. Klein, Esq.

DEPARTMENT OF LABOR RELATIONS IN THE MATTER OF ARBITRATION __________________________________________ ) SPENCER-EAST BROOKFIELD REGIONAL ) SCHOOL DISTRICT TEACHERS ) ASSOCIATION, ) ) DLR Case No.

The arbitration shall be held in accordance with the rules of the Massachusetts Department of Labor Relations, or, if by mutual agreement only, the Labor Relations Connector. The decision of the arbitrator will be final and binding. * Demotion and/or discipline of an employee in the employees 1-year (12-months) probationary period shall not be subject to grievance and arbitration.

If the grievance is still not settled, the Union and/or the Town can submit the issue to the Massachusetts Department of Labor Relations. The decision shall be binding on both parties and shall be limited to the interpretation of the terms of this contract. The Arbitrator shall have no power to add to, subtract from, or amend this contract in any way. The Arbitrator shall rule solely on the question or questions presented.

Step 3: If the grievance has not been resolved within five (5) business days after its submission to the Superintendent, the Union may submit the grievance to arbitration with the Labor Relations Connection or with the Massachusetts Department of Labor Relations within thirty (30) business days after the decision was rendered by the Superintendent or the decision was due. A copy of that filing shall be simultaneously given to the Employer.

Step 3: If the grievance has not been resolved by the Superintendent to the Unions satisfaction, the Union may submit the grievance to arbitration with the Labor Relations Connection or with the Massachusetts Department of Labor Relations within thirty business days after the decision was rendered by (30) the Superintendent or the decision was due, if no decision is rendered. A copy of that filing shall be simultaneously given to the District.