A 18 waiver will not be lightly inferred, City ofNewBedford, 38 MLC 239, 248, MUP-09-5581, 19 MUP-09-5599 (April 3, 2012)(appeal pending), and there must be a clear and 13 The City argues that the exhibits at issue in the Motion to Reopen the Record are relevant to the Union's knowledge of no benefit part-time positions existing prior to the first collective bargaining agreement.
A 18 waiver will not be lightly inferred, City ofNewBedford, 38 MLC 239, 248, MUP-09-5581, 19 MUP-09-5599 (April 3, 2012)(appeal pending), and there must '8 The City argues that the exhibits at issue in the Motion to Reopen be a clear and the Record are relevant to the Unions knowledge of no benefit part-time positions existing prior to the first collective bargaining agreement.
(June MUP-01-3233 A waiver will not be lightly inferred, City ofNewBedford, 38 MLC 239, 248, MUP-09-55871, (April MUP-09-5599 3, 2012)(appeal pending), and must there be clear a and unmistakable showing that a waiver occurred through the bargaining process or the specific language of the agreement. Id.
See City ofNewBedford, 38 MLC 239, 251 (2006) (citing Cambridge Public Health Commission, 37 MLC 39, 46, MUP-10-5888 (August 18, 2020) (additional citations omitted)). Though changed or exigent circumstances need not be proven, the Charging Parties claims that there were no changed or exigent circumstances between the signing of the MOAs and the announcement of the Revised Policy is plainly absurd.
City ofNew Bedford, AFLCIO, 2012 WL 1564066, at *23. The City announced a unilateral change to take effect in less than 31 days and has ignored the Federation for nearly 1/3 of that time, while scheduling meetings with several other unions. (Any participation by the City in mediation overseen by the Massachusetts Department of Labor Relations will not satisfy or supplant bargaining obligations).
Commonwealth, 39 MLC at 338, citing, City ofNewBedford, 38 MLC 239, 248 (2012). The plain language of the agreement makes clear the Unions right to access the Respondents facility is limited.
City ofNewBedford, 20 MCSR 196 (2007) Analysis The principal purpose of the hearing after remand was to enable the Commission to reconsider its original decision in Kelley I to determine whether the decision would be any different by application of a 30-day threshold for requiring the requisition of a Certification to fill a vacancy in the position of a BFD Captain, as opposed to the 60-day threshold used by the Commission and declared unlawful
City ofNew Bedford, 29 MCSR 471 (2016) (honest mistakes in 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); Michaud v.
City ofNewBedford, 29 MCSR 471 (2016) (honest mistakes in answering ambiguous questions on NBPD Personal History Questionnaire); Morley v. Boston Police Dept, CSC No. G1-16-096, 29 MCSR 456 (2016) (candidate unlawfully bypassed on misunderstanding appellants responses about his combat experience); Lucas v. Boston Police Dept, 25 MCSR 420 (2012) (mistake about appellants characterization of past medical history).
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 The DPD failed to meet its burden to establish that the decision to bypass Officer Holland was reasonably justified and based upon an impartial and thorough review of the facts.
City ofNewBedford, 15 MLC 1732, 1737 (1989). In National Association of Government Employees, the Board examined the percentage of work performed by bargaining unit employees to determine whether a calculated displacement of bargaining unit work occurred. 35 MLC 163. The Board determined that at one point, 35 bargaining unit members and 4 non-unit members were performing the work in question.
Floor New Bedford, MA 02740 RE: Greenfield Community College - Abolishment of Positions Dear Ms. Sylvia: This letter serves as a follow-up to a May 14,2020 notice to AFSCME regarding, in part, Greenfield Community Colleges determination not to fill certain bargaining unit positions.
Floor New Bedford, MA 02740 RE: Greenfield Community College - Abolishment of Positions Dear Ms. Sylvia: This letter serves as a follow-up to a May 14,2020 notice to AFSCME regarding, in part, Greenfield Community Colleges determination not to fill certain bargaining unit positions.