City of New Bedford, 38 MLC 117, 124 (2011) citing Commonwealth of Massachusetts, 28 MLC 8 (2001); Town of Belchertown, 27 MLC 73 . The provision of the parties 2009 MOA that is at issue in this case concerns the Towns ability to create a new full-time Fire Prevention Officer position. (See Jt. Exh 2). Paragraph 10 of the 2009 MOA provides for the creation of a Fire Prevention Officer.

City of New Bedford, 15 MLC 1732, 1737 (1989).

City of New Bedford, 15 MLC 1732, 1737 (1989). Fire Prevention Duties Turning first to the fire prevention duties, the Town contends that the bargaining unit suffered continues no detriment as a result of the transfer of those to perform fire prevention duties, which includes receiving earning significant overtime for the performance of those duties.

ZIP code) 455 County Street New Bedford MA 02740 \7, FAX Number |508- 984- 0713 | | 8. Name Elizabeth Valerio 9. Telephone Number 617-862-2005 | | 10,11,12,13. Address (street and No., city/town, state, and ZIP code) 14. FAX Number | One University Avenue, Suite 300B Westwood 508-984-0713 , | EMPLOYER'S LABOR RELATIONS REPRESENTATIVE MA 02090 15. E-mail address 16.

Employer Name Heather Emsley Address (street and no., city/town, state, and ZIP code) 455 County St New Bedford MA 02740 | Telephone Number 508-997-4511 Method of Service C] Signature of Person 1 ars (. In hand L] First Class Mail Other (specify): Email making Certification Telephone Number a The Division does Reaesininate on the basis of disability in access to its services.

City of New Bedford, 38 MLC 239, 250. MUP-09-5581, MUP-09-5599 (April 3, 2012) affd 90 Mass. App. Ct. 1103 (unpublished, August 26, 2016) further appellate rev. dend, 476 Mass. 1106 (2016). A change is presented as a fait accompli where it can be said that under all the attendant circumstances, the employers conduct has progressed to a point that a demand to bargain would be fruitless.

See City of New Bedford, 38 MLC 239, 251, MUP-09-5581, MUP-09-5599 (April 3, 2012), affd sub. nom. 90 Mass. App. Ct. 1103 (2016), further appellate review dend, 476 Mass. 1106 (2016) (citing Cambridge Public Health Commission, 37 MLC 39, 46, MUP-10-5888 (August 18, 2020) (additional citations omitted)).

City of New Bedford, 25 MCSR 485 (2012) (reinstated paramedic terminated after charged with motor vehicle homicide later for lack of probable cause); Burke v. Lynn School Committee, 10 MCSR (1997) (reinstated school custodian guilty of involuntary manslaughter (negligent discharge of firearm); ODonnell v.

City of New 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 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).

City of New 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).

City of New Bedford, 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 no longer had a need for a stand-alone study skills function in the LATCH Program as show by the usage data.

See Town of Stoneham, 19 MLC, 1345, 1350 (1992) (loss of opportunity to perform work or represent additional members adversely impacts the bargaining unit); City of New Bedford, 15 MLC 1732, 1739 (1989). Present at the investigation were the president of the HTA as well as the MTA Field Representative for the HTA, who had 10 See Groton-Dunstable Regl Sch. Comm. v.