Decision (cont'd) SUP-16-5203 10(a)(5) and, derivatively, Section 10(a)(1) of the Law. 1732, 1736-37, MUP-6488 City of New Bedford, (May 31, 1989); City of Boston, 15 MLC 6 MLC 1117, 1121, MUP- 2863 (June 4, 1979); Town of Andover, 4 MLC 1086, 1087, MUP-2358 (June 24, 1977); Town of Danvers, 3 MLC 1559, 1576, MUP-2292 and 2299 (April 6, 1977).

City of New Bedford, 15 MLC 1732, 1737, MUP-6488 (May 31, 1989); City of Boston, 6 MLC 1117, 1126, MUP-2863 (June 4, 1979). Commonwealth of Massachusetts Department of Correction and Massachusetts Correction Officers Federated Union, SUP 13-2604 (October 1, 2015) The College merely reallocated how it managed its Tutoring services, When Mr.

See City of New Bedford, 39 MLC 126 (2012); In Matter of City of Boston and Boston Police Patrolmens Association, 2006 WL 6165539, *15 (2006). Once the School Committees FY 2010 budget eliminating all in-house therapy services was passed on May 18, the die was cast; the elimination of work jurisdiction and outsourcing was all but a fait accomplimaking any subsequent negotiation over the decision to outsource futile.

Decision (cont'd) MUP-09-5665 performed by unit members with a corresponding increase in the work performed by non-unit employees Commonwealth may demonstrate a of Massachusetts, 27 MLC City of New Bedford, 15 MLC calculated displacement 52, 56, SUP-4091 1732, 1737, MUP-6488 of unit work. (November 21, 2000); (May 31, 1989).

Crotty 388 County Street, 3rd Floor New Bedford, MA 02740 Commissioner: Paul M.

Savastano, Attorney at Law, P.C. 404 County Street New Bedford, MA 02740 Commissioner: Paul M. Stein1 DECISION The Appellant, Raymond Lake, pursuant to G.L. c.31, 43, duly appealed to the Civil Service Commission (Commission) from a decision of the Town of Dartmouth (Dartmouth), the Appointing Authority, to terminate him as a Police Sergeant for appearing tardy on a 12:00 a.m. to 8:00 a.m. overtime shift on February 11, 2010.

However, on or about the same time, HRD entered into a delegation agreement with the City of New Bedford. The memorandum of agreement with New Bedford is almost identical to the one related to the City of Worcester including a reference to an attachment. HRD was able to locate the attachment from the New Bedford agreement which outlines the specific responsibilities that were delegated, including the ability to authorize transfers.4 Finally, Ms.

City of New Bedford, CSC Case No. D1-09-77, 22 MCSR --- (2009) (Appellant never received any pre-termination notice granted limited reinstatement measured from the date he first received such notice) 5 The FRPD delayed the layoff until March 12, 2009, one day after the appointing authority hearings. The evidence does not indicate if this action was taken to account for the lag-time in notice by mail, or for other reasons.

and discontinue the practice of assigning unit members to that position on a regularly-scheduled overtine basis because the Union refused to bargain with the City on May 20, 2010. inaction must be supported The affirmative defense of waiver by by evidence of actual knowledge of the proposed a change, reasonable opportunity to negotiate over the change, and an unreasonable or unexplained failure of the union to bargain or to request bargaining. 26 City

Commonwealth of 2 Massachusetts, 28 MLC 36, 40, SUP-4345 (June 29, 2001 ). 3 doctrine of waiver by inaction in cases where a union is presented with a fait accompli. 4 City of New Bedford, 38 MLC 239, 250-51, MUP-09-5581 and MUP-09-5599 (April 3, 5 2012) (appeal pending). 6 circumstances, it can be said that the employer's conduct has progressed to a point that 7 a demand to bargain would be fruitless."

City of New Bedford, 38 MLC 117 (2011). To show a unilateral change, the charging party is obligated to show that: 1) the employer altered an existing practice or instituted a new one; 2) the changed affected a mandatory subject of bargaining; and 3) the change was established without prior notice and an opportunity to bargain. Plymouth School Committee, 42 MLC 124, 131 (2015).

City of New Bedford, 38 MLC 117 (2011). To showa unilateral change, the charging party is obligated to show that: 1) the employer altered an existing practice or instituted a new one; 2) the changed affected a mandatory subject of bargaining; and 3) the change was established without prior notice and an opportunity to bargain. Plymouth School Committee, 42 MLC 124, 131 (2015).

Town of Stoneham and Stoneham Police Ass'n, 19 MLC 1345, 1349 (1992) (transfer of bargaining unit work to civilian dispatchers mandatorily bargainable); City of New Bedford and New Bedford Police Union, 15 MLC 1732, 1736 (1989) (transfer to work in police departments records and communications rooms to police cadets mandatorily bargainable; Town of Norwell and Int'l Ass'n of Firefighters, Local 2700, 13 MLC 1200, 1206 (1986) (assignment of call fire

Town of Bridgewater, 25 MLC 103, 104 (1998) (citing City of New Bedford, 15 MLC 1732, 1737 (1989) (other citations omitted)). The stipulations and joint exhibits make clear that, prior to August 2009 and since 1996, the Stoneham Police Department's dispatching work has been shared between patrol officers and civilian dispatchers.

Town of Bridgewater, 25 MLC 103, 104 (1998) (citing City of New Bedford, 15 MLC 1732, 1737 (1989) (other citations omitted)). The stipulations and joint exhibits make clear that, prior to August 2009 and since 1996, the Stoneham Police Department's dispatching work has been shared between patrol officers and civilian dispatchers.