City ofNewBedford, 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 ofNewBedford, 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).
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 ofNewBedford, 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."
Town of Stoneham and Stoneham Police Ass'n, 19 MLC 1345, 1349 (1992) (transfer of bargaining unit work to civilian dispatchers mandatorily bargainable); City ofNewBedford 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 ofNewBedford, 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 ofNewBedford, 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 ofNewBedford, 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 Departments dispatching work has been shared between patrol officers and civilian dispatchers.
I.A.F.F, 21, 2000)... and Fall River Fire Fighters, Local 27 MLC 47, 50, 51, MUP-1961 (November cece ee ce ee eee eee eee wenn 12,19, 27, 42 City of Gardner, 10 MLC 1218, 1221, MUP-4917 (March 13, 1983)... ccc cece wee cee ee ree ee rene renee ee cere eeens 41 City of Holyoke, 26 MLC 97, 98, MUP-1801 (January 14, 70) 0] 0) nr 20 City of Leominster, 8 MLC 2034, MUP-4487 (April 1982) Lc ccc ww ww www ww ee et ee eee eee eee eee ee eee 13, eens 4l City
City of Somerville, 23 MLC at 259; City ofNewBedford, 15 MLC 1732, 1737 (1989); City of Boston, 6 MLC 1117, 1126 (1979). Therefore, it is a violation of both the collective bargaining agree ment and state law for you to replace any bargaining unit employees with civilian dispatchers to perform the 911 dispatching work traditionally performed by the bargaining unit employees.
City ofNewBedford, 38 MLC 239, 250, MUP-09-5581 and MUP- 09-5599 (Apr. 3, 2012) (citing City of Boston, 31 MLC 25, 33, MUP-1758 (Aug. 2, 2004)). Waiver by inaction will not be found where a union is presented with a fait accompli. City ofNew Bedford, 38 MLC at 250 (citing Town of Hudson, 25 MLC 143, 148, MUP-1714 (Apr. 1, 1999)). On this issue, the City makes three arguments.
City ofNew Bedford, 38 MLC 239, 250 (2012) (citing City of Boston, 31 MLC at 33) (appeal pending). Waiver by inaction will not be found where a union is presented with a fait accompli. City ofNewBedford, 38 MLC at 250 (citing Town of Hudson, 25 MLC 143, 148 (1999)). Here, the City notified the Union of its decision to eliminate the position of SSI supervisor on overtime on the same day that it implemented the change (May 1, 2010).
See City ofNewBedford, 38 MLC 205,208 (2012). In this case, the City made clear that it would not reconsider the May 20, 2010 decision to rescind the guarantee of SSI overtime. The Hearing Officer held, and the CERB confirmed, that the City was not obligated to bargain over that decision. Nevertheless, it is clear that the Federation continued to demand to bargain the decision.
Waiver by inaction will not be found where a union is presented with a fait accompli. 250 (citing Town of Hudson, 25 MLC Here, the City notified the City ofNewBedford, 38 MLC at 143, 148 (1999)). Union of its decision to eliminate the position of SSI supervisor on overtime on the same day that it implemented the change (May 1, 2010).
See City ofNewBedford, 15 MLC 1732, 1739, MUP-21 6488 (May 31, 1989). To evaluate an adverse impact, it is necessary to consider both the detriment to individual unit members and the bargaining unit. See Town of Weymouth, 40 MLC 18, 23, MUP-10-6020 (H.O. July 12, 2013), affd 40 MLC 253 (March 10, 2014).
City ofNewBedford, 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 Ms. Hussey has much to be proud of, including her distinguished military career.
City ofNew Bedford, 29 MCSR 471 (2016) (honest mistakes answering ambiguous questions on NBPD Personal History Questionnaire); Morley v. Boston Police Dept, 29 MCSR 456 (2016)(candidate unlawfully bypassed on misunderstanding appellants responses about his combat experience); and Lucas v. Boston Police Dept, 25 MCSR 420 (2012) (mistake about appellants characterization of past medical history).
City ofNewBedford, 15 MLC City of Somerville, 23 MLC at 259; 1732, 1737 (1989); City of Boston, 6 MLC 1117, 1126 (1979). Here, the evidence shows that the Fiscal Assistant job duties were never exclusively Union work.
City ofNewBedford, 471 Mass. 446 (2015) (opinion work product that was prepared in anticipation of litigation or for trial by or for a party or party representative is protected from discovery . . .
City ofNewBedford, 471 Mass. 446 (2015) (opinion work product that was prepared in anticipation of litigation or for trial by or for a party or party representative is protected from discovery ...
City ofNewBedford, 471 Mass. 446 (2015) (opinion work product that was prepared in anticipation of litigation or for trial by or for a party or party representative is protected from discovery ...