B MASON CO INC CITY OF NEW BEDFORD CITY OF BROCKTON CITY OF FALL RIVER CITY OF FITCHBURG CITY OF LAWRENCE CITY OF LOWELL CITY OF NEWTON CITY OF QUINCY CITY OF WORCESTER 42000300 42000300 42000300 42000300 42000300 42000300 42000300 42000300 42000300 42000300 42000300 42000300 42000300 42000300 42000300 42000300 42000300 42000300 42000300 42000300 42000300 42022112 42022112 42022112 42022112 42022112 42022112 42022112 42022112 42022112 42022112 42022112

Town of Bridgewater, 25 MLC 103, 104 (1998) (citing City of New Bedford, 15 MLC 1732, 1737 (1989). In other words, a bargaining obligation attaches when a bargaining unit is deprived of the opportunity to perform work that it previously performed. Town of Stoneham, 2012 WL 3112362 MUP-09-5606, (citing Lowell School Committee, 28 MLC 29, 32 (2001) (citing City of New Bedford, 15 MLC at 1737)).

City of New Bedford, AFL-CIO, 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).

City of New Bedford, 38 MLC 239, 251, MUP-09-5581, MUP-09-5599 (April 5, 2012), affd sub. nom. 90 Mass. App. Ct. 1103 (2016), further appellate review dend, 476 Mass. 1106 (2016).

. & Mgmt., 35 MLC 163, 169 (CJAM) (citing City of New Bedford, 15 MLC 1732, 1736 (1989)). In order for a union to prevail on a claim that the employer violated Chapter 150E by transferring work outside of the unit, the union must show: (1) the work was transferred; (2) the transfer had an adverse impact on either individual ren bs bargain. Id. at 169.

City of New Bedford, 20 MCSR 426 (2007) (multiple hospitalizations and treatment for substance abuse and schizophrenia); Melchionno v. Sommerville Police Dept, 20 MCSR 443 (2007) (diagnosis of Schizotypal Personality Disorder and repeated, bizarre job-related problems); Hart v. Boston Police Dept, 19 MCSR 397 (2006) (history of substance abuse and prior treatment); Lerro v.

City of New Bedford, 38 MLC 239, 251, MUP-09-5581, 5599 (April 3, 2012). I therefore find that the deadline was reasonable and necessary. Union was on Notice that the Policy would be Implemented on October 17, 2021 NAGE was on notice from the morning of August 19, 2021, that the Commonwealth would implement the Policy on October 17, 2021. The Commonwealth repeatedly reiterated that it would not move this deadline.

City of New Bedford, 39 MLC 126, MUP-09-5582 (November 15, 2012). Here, the Union has not identified any ongoing or residual harm to bargaining unit members resulting from the School Committee hiring Gilbert and McMorrow. Moreover, as stated above, the School Committee no longer employs any non- unit social workers and has represented that it will not hire non-bargaining unit social workers in the future.

City of New Bedford, 15 MLC 1732, 1737, MUP-6488 (May 31, 1989); City of Boston, 1979). 6 MLC 1117, 1126, MUP-2863 (June 4, Commonwealth of Massachusetts Department of Correction and Massachusetts Correction Officers Federated Union, SUP 13-2604 (October 1, 2015) 5 An employer does not have an obligation to bargain over every incidental variation in job assignments between unit and non-unit personnel.

City of New Bedford, 29 MCSR 471 (2016) (honest mistakes on ambiguous questions); Morley v. Boston Police Dept, CSC No. G116-096, 29 MCSR 456 (2016) (appointing authoritys misunderstanding appellants responses 16 about his combat experience); Lucas v.

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