Where qualifications of applicants are substantially equal, seniority of applicants in grade shall govern the selection of the employee to fill a vacancy; If the senior applicant(s) in grade(s) are not selected, the Chief of the Department, upon request, shall meet with the applicant(s) and Union representatives (if the applicant(s) so desire(s) and orally provides reason for the decision(s); If no settlement is made, the controversy can be submitted

If no satisfactory settlement is made, then the matter shall be settled in the following manner.

Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party 456 CMR 15.04(1). The Division may refer the charge to a Division mediator for settlement discussions. 2 INFORMATION ON CHARGING PARTY 39. The Charging Party is an Individual (I), Employee Organization (O), Employer (E): O 40. Name North Reading Fire Fighters Union, Local 42. Telephone Number 617-994-5800 41.

Yes No Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party. 456 CMR 15.04(1). INFORMATION ON CHARGING PARTY 17. Name 18. Representative to contact North Reading Fire Fighters Union, Local 1857 19. 20. Telephone Number Thomas Fowler, Esq. 617-994-5800 Address (street and No., city/town, state, and ZIP code) 21.

Yes CT No Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party. 456 CMR 15.04(1). INFORMATION ON CHARGING PARTY 17. Name 18. Representative to contact Marlborough Muncipal Employees Assoc. 19. 20. Telephone Number Sheilah F. McCarthy 508-358-8181 Address (street and No., city/town, state, and ZIP code) 21.

The 2004 Charge was withdrawn upon settlement of the contract between the parties. The DLR should not permit this type of strategic, meritless litigation by the MMEA. The union utterly fails to meet its burden of demonstrating that the City violated any provision of M.G.L. c 150E and for the reasons discussed below the City respectfully requests that the DLR dismiss the Complaints in their entirety. STATEMENT OF FACTS2 I.

In addition, the Parties are directed to confer as to whether they are willing to engage the services of a DLR Mediator for possible settlement. Utilization of a mediator will not delay the commencement of the Hearing.

Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party. 456 CMR 15.04(1). INFORMATION 17. Name PARTY 18. Representative to contact Billerica 19. ON CHARGING Municipal Employees Assoc. Wayne 20. Telephone Number O'Loughlin (978)857-0548 Address (street and No., city/town, state, and ZIP code) 365 22. Boston Road, Billerica, The Charging Party is 2n: MA L] 21.

Note: Yes Y the division may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party 456 CMR No 15.04(1). The Division may refer the charge to a Division mediator for settlement discussions. INFORMATION ON CHARGING 17. Name: 18. Lawrence Teacher's Union PARTY Representative to contact 20. Haidee Morris 19.

Yes Pl No Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party. 456 CMR 15.04(1). INFORMATION ON CHARGING PARTY Name 18. Representative to contact 20. Telephone Number City of Beverly Michael J. Maccaro, Esq. (617) 479-5000 17. 19. 21. Fax Number Address (street and No., city/town, state, and ZIP code) (617) 479-6469 191 Cabot Street, Beverly, MA 01915 22.

PS - ile -SET MEDIATOR: Hctles UNION: MTA EMPLOYER: _(Gaerlner > heol REASON FOR RECOMMEDING CLOSURE: [EY Settled After Mediation a Settle During Fact Finding (1 Settled Post Fact Finding Rpt No Mediation 1 Settled Post Fact Finding Mediation 0 Withdrawn 01 Other: OTHER COMMENTS: (e.g. additional settlement i.e. ULPs) MEDIATOR: SIGNED: 1S/_(/dasha Bury DATE: Ud folrorr

This employee shall pay to the COMMITTEE any settlement received for such claim for such Section through the School Department. If the claim is denied by the carrier, the COMMITTEE shall deduct such payments from the employee's accumulated sick leave to the extent of such accumulation or from his salary.

_ Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party 456 CMR 15.04(1). The Division may refer the charge to a Division mediator for settlement discussions. INFORMATION ON CHARGING PARTY 39. The Charging Party is an Individual (I), Employee Organization (O), |O Employer (E): 40. Name Lawrence Firefighters Union, Local 146 : \ 41. Representative to contact |Paul T. Hynes 42.

lV Yes L No Note: The DLR may decline to issue a complaint unless reasonable settlement efforts have been made by the charging party. 456 CMR 15.04(1). INFORMATION 17. Name Boston Teachers Union 19. ON CHARGING PARTY 18. Representative to contact 20. Telephone Number Jillian Guilfoyle 781-359-9777 Address (street and No., city/town, state, and ZIP code) : 21.

ARGUMENT Pre-Award Deferral Under The Cohasset/Collyer Standard Is Not Proper In This Instance And Therefore The DLR Must Retain Jurisdiction Over The Allegations Contained In The Unions Charge The decision to defer a pre-arbitral dispute to the parties grievance procedure is entirely discretionary and is intended to encourage the prompt and effective settlement of public sector disputes utilizing binding grievance Holyoke, MUP-2743 Wire, 192 NLRB