Respondent, By its attorney, s/s Jane Medeiros Friedman Jane Medeiros Friedman Mead, Talerman & Costa, LLC Attorneys at Law 227 Union Street, Suite 606 New Bedford, MA 02740 Office: (774) 202-6812 Cell: (508) 717-5964 Jane@mtclawyers.com November 20, 2022 CERTIFICATE OF SERVICE I certify that the foregoing ANSWER TO COMPLAINT OF PROHIBITED PRACTICE AND PARTIAL DISMISSAL was sent to the following persons, in the manner specified, on the date below:
City ofNewBedford, 39 MLC 394, 399 (2013), quoting, Framingham School Committee, 4 MLC 1809, 1814 (1978). 14 The Respondent has not engaged in a 10(a)(6) violation because it is not engaged in any formal process or procedure under the DLR. In the Charge the Union has not alleged that it and Respondent are engaged in any procedure set forth in Mass. Gen. Laws ch. 150E sections 10(a)(8) or (9).
Bresnahan Murphy, Hesse, Toomey & Lehane, LLP 300 Crown Colony Drive, Suite 410 Quincy, MA 02169 (617) 479-5000 CERTIFICATE OF SERVICE I hereby certify that I have today served a copy of this document upon the Charging Partys attorney, Jaime DiPaola-Kenney, Esq. 46 Foster Street, New Bedford, MA 02740. ZY Date 2 Kevin F. Bresnahan y y fo
City ofNewBedford, 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 ofNewBedford, 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 ofNewBedford, 15 MLC calculated displacement 52, 56, SUP-4091 1732, 1737, MUP-6488 of unit work. (November 21, 2000); (May 31, 1989).
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 ofNewBedford. 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 ofNewBedford, 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