City ofNewBedford, 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 Ct. 1103 (unpublished, August 26, 2016) further appellate rev.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.
City ofNewBedford, 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 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).
City ofNewBedford, 15 MLC 1732, 1737 (1989). The traffic supervisors were adversely impacted by the transfer of unit work, because the Town laid them off.
City ofNewBedford, 15 MLC 1732, 1737 (1989). The traffic supervisors were adversely impacted by the transfer of unit work, because the Town laid them off. Moreover, the bargaining unit was adversely impacted, because it was completely eliminated.
City ofNewBedford, 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 ofNewBedford, 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.
City ofNewBedford, 29 MCSR 471 (2016) (honest mistakes on ambiguous questions); Lucas v. Boston Police Dept, 25 MCSR 420 (2012) (BPDs mistake about appellants characterization of medical history) 26 could not justify the conclusion that Mr. Kerr had lied for not disclosing, in response, his history of alcohol consumption (underage drinking) and his juvenile arrests and other interactions with police.
City ofNewBedford, 20 MCSR 426 (2007) (multiple hospitalizations schizophrenia); Melchionno v. (diagnosis Schizotypal Personality of Sommerville problems); Hart v. Boston Police Dept, and treatment for substance abuse and Police 20 MCSR 443 repeated, bizarre job-related Disorder 19 MCSR Dept, and (2007) 397 (2006) (history of substance abuse and prior treatment); Lerro v.