AGREEMENT between the TOWN OF MARBLEHEAD and the MARBLEHEAD MUNICIPAL EMPLOYEES UNION TUE/CWA, AFL-CIO, LOCAL 1776 July 1, 2015 Jume 30, 2018 TABLE OF CONTENTS ARTICLE 1 INTRODUCTION oo. ccceccccccecccseececeereceesecccssnetscesceseetaeseeescnseutissecuesenseves I ARTICLE2 RECOGNITION AND BARGAINING UNIT oo. c ce ccceeeeenee cece I ARTICLE3 EMERGENCY EMPLOYMENT ooo. cececereseccecseceneseeesseseseeereeees 4 ARTICLE4 NON-DISCRIMINATION ooo ARTICLE

Gilliland, Fire Chief, Marblehead Fire Department; Eric Ridge, Fire Captain, Marblehead Fire Department; Mark Souza, Harbormaster, Town of Marblehead; Called by the Appellant: Charles Osborne III, Appellant, and taking administrative notice of all pleadings filed in the case, pertinent rules, statutes, regulations, case law and policies, and drawing reasonable inferences from the credible evidence, I make the following findings of fact: Background

Murray Supervisor of Records May 19, 2022 SPR22/0904 Dennis King Chief of Police Marblehead Police Department 11 Gerry Street Marblehead, MA 01945 Dear Chief King: I have received the petition Todd Wallack of WBUR requesting reconsideration of my May 2, 2022 determination pertaining to a request to Marblehead Police Department (Department). G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1).

Murray Supervisor of Records May 2, 2022 SPR22/0904 Dennis King Chief of Police Marblehead Police Department 11 Gerry Street Marblehead, MA 01945 Dear Chief King: I have received the petition of Grace Ferguson appealing the response of the Marblehead Police Department (Department) to a request for public records. G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1). On February 17, 2022, Ms.

, MA 01945 31 MARION ROAD MARBLEHEAD, MA 01945 1191 MASSACHUSETTS AVE 103 Shrine Rd 103 Shrine Rd 8955 Henkels Lane Ste 508 8955 Henkels Lane Ste 508 ARLINGTON,MA 02478 Norwell, MA 02061 Norwell, MA 02061 Annapolis, MD 20701 Annapolis, MD 20701 38 CRESTWOOD DR 20 ELMER RD 23 CHIPMAN ST 411A Highland Ave Ste 312 52 Fitzgerald Drive 8955 Henkels Lane Ste 508 FRAMINGHAM, MA 01702 SOUTH WEYMOUTH, MA 02190 DORCHESTER, MA Somerville, MA 02144 Jaffrey, NH

Blatman, Bobrowski, Mead, & Talerman LLC 30 Green Street Newburyport, MA 01950 Dear Attorney Mead: I have received the petition of Elizabeth Currie appealing the nomesponse ofthe Town of Marblehead - Fire Department, Building Commission/Building Department, and Conservation Commission (Town) to her request for public records. G. L. c. 66 1O(b ); see also 950 C.M.R. 32.08(2). Having received no response, Ms. Currie petitioned this office.

Massachusetts Board of Regents, 15 MLC 1265, 1269, SUP-2959 (November 18, 1988); Town of Marblehead, 12 MLC 1667, 1670, MUP-5370 (March 28, 1986). The initial inquiry focuses on the language of the contract. Town of Mansfield, 25 MLC 14, 15, MUP-1567 (August 4, 1998). If the language clearly, unequivocally, and specifically permits the public employer to make the change no further inquiry is necessary.

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S, Murray Supervisor of Records November 13, 2019 SPR19/2275; SPR19/2276 Maurica D, Miller Mead, Talerman & Costa, LLC 30 Green Street Newburyport, MA 01950 Dear Attorney Miller: | I have received your petitions on behalf of the Town of Marblehead (Town) seeking an extension of time to produce records. G.

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S, Murray Supervisor of Records November 13, 2019 SPR19/2275; SPR19/2276 Maurica D, Miller Mead, Talerman & Costa, LLC 30 Green Street Newburyport, MA 01950 Dear Attorney Miller: | I have received your petitions on behalf of the Town of Marblehead (Town) seeking an extension of time to produce records. G.

Bernstein & Miller, P.A. 5 Broadway- Bldg. 1, Suite 101 Saugus, MA 01906 Dear Attorney Miller: I have received the petition of Father Andrew Bushell appealing the response of the Town of Marblehead (Town), on behalf of the Marblehead Police Department (Department), to his request for public records. G. L. c. 66 1O(b ); see also 950 C.M.R. 32.08(2).

The petitioned for unit does not work in the same location 5 Town of Marblehead and Marblehead Public Safety and Communications Association and Local 1776, 27 MLC 145, citing City of Fall River, 26 MLC 17. and they do not share a common supervisor.

AFSCME disagrees, pointing out that most employees within Local 1385, including, notably, the Civilian Dispatchers and the ACO, work different hours and are scheduled to work on different days of the week, including weekends. that, unlike severance in Town of Marblehead, petition where the CERB 27 MLC 142, MCR-4799 found that the E-911 23 It also points out (May 11, 2001), a dispatchers constituted a Decision (cont'd) MCR-19-7086 functionally distinct