The issue in this case is whether the Board of Higher Education (Employer) violated Section 10(a)(5) and, derivatively, Section 10(a)(1) of the Law when it transferred bargaining unit duties from the Coordinator of Tutoring position to non-unit personnel at Bristol Community College without first providing the Massachusetts Community College Counsel (Union) with notice and an opportunity to bargain over the transfer and its impacts. The Arbitrator determined that the contract required employees to earn sick and vacation time in the service of the City. Furthermore, since vacation credits are earned on a pro-rata basis, an employee who renders no service to the City is entitled to no vacation credits under the contract. MUP-16-5023 CERB DECISIONJanuary 30, 2018CITY OF SOMERVILLE AND SOMERVILLE POLICE EMPLOYEES ASSOCIATION. The building was listed on the National Register of Historic Places in 2016. The CERB applied the traditional balancing test it uses to analyze the lawfulness of employers rules that interfere with Section 2 activities to the facts of the case. There are areas managed by the Division of Water Supply Protection that are outside of the traditional Deer Hunt Zones - "Off-Reservation" land that is north and west of Routes 202 and 122 - which are open for hunting and trapping for all game during the state hunting season. The issues in this case are: 1. MUP-20-7867 HEARING OFFICER DECISIONOctober 8, 2021Belmont School Committee and Belmont Education Association, MUP-20-7867, Hearing Officer Decision. Posters with information about various sites, facilities, and history are posted on kiosks around the Quabbin Reservoir watershed and in the Quabbin Visitors Center. The evidence also showed that the unit member had not committed any prior misconduct that would lead her to believe that the City could discipline her for participating in the interviews. The hearing officer additionally declined to draw an adverse inference against the Commonwealth for its failure to call an announced witness because he concluded that the Commonwealth was within its discretion not to call the witness, and drawing an adverse inference based upon the record evidence would have shifted the burden of proof in the matter from the union to the Commonwealth. SUP-14-3576 and SUP-14-3640 HEARING OFFICER DECISION May 25, 2018 MASSACHUSETTS DEPARTMENT OF TRANSPORTATION AND UNITED STEELWORKERS LOCAL 5696, SUP-14-3576 and SUP-14-3640, HEARING OFFICER DECISION ON COMPLIANCE. The arbitrator found that the City properly used the grievants net credible service dates to determine entitlement to longevity payments. The arbitrator found that the City did have just cause to terminate the employment of Lewis James based on James unacceptable interactions with citizens while performing his work duties. You can view these otherareas within the Quabbin watershed that are not part of a Controlled Hunt on the Deer Hunter Field Map, where they are shown as yellow or green. State regulations prohibit anything that could pollute the water. New Bedford School Committee and Massachusetts Teachers Association, WMAM-19-7700, CERB Decision. The Hearing Officer held that the Town violated the Law. Quabbin Reservoir is one of the few places in Massachusetts where Common Loons and Bald Eagles are known to consistently nest. A lock icon ( The hearing officer held that the Union violated the law when it petitioned the Town Meeting on a proper subject of collective bargaining. If so, did the Town violate the collective bargaining agreement when it scheduled a part-time dispatcher for an open shift on February 3, 2017, without offering the shift to full-time dispatchers first? The City argued, inter alia, that it did not need to provide the information because the Commissioners decision to transfer and assign is a non-delegable decision not subject to collective bargaining. Accordingly, the Town did not violate the CBA and the grievance is denied. The CERB agreed that the Town had given the union notice and an opportunity to bargain, but disagreed that the parties had bargained to impasse. WMAP-20-8074 CERB RULINGFebruary 1, 2021New England Treatment Access LLP and United Food and Commercial Workers, Local 1445, WMAP-20-8074 CERB Ruling. The City did have just cause to suspend Therese Cooper for fifteen workdays days. The CERB concluded that a unit clarification petition was not the appropriate proceeding to add these positions to the PSAs bargaining unit where the parties CBA contained a provision granting the employer the right to contract out work provided no bargaining members were laid off in the exercise of that right, and where the union was aware when it entered into successor agreements that the Library was using contractors to perform bargaining unit work similar to that performed by the Assistants. CITY OF WORCESTER AND NAGE, LOCAL 495, ARB-16-5515, ARBITRATION DECISION. The DLR reasoned that once the Charging Party withdrew her request for a compliance hearing, she had effectively acquiesced to the amount that the Union had already paid to her and there was no longer a genuine dispute as to compliance that would warrant a hearing. She ordered that the Employer post the Notice to Employees attached to the CERBs July 2017 Order in those two locations, and also ordered that it post the Notice to Employees attached to the compliance decision in all locations. The arbitrator found that the grievance was substantively arbitrable as it presented a question of the interpretation of the interplay between Article 19 of the collective bargaining agreement, a 1995 Memorandum of Agreement, and the inherent rights that the City has reserved upon itself. The arbitrator found that the Town had cause for Zancos termination for excessive absenteeism because of the significant length of time that the Town allowed to pass before commencing disciplinary proceedings against Zanco, combined with his lack of progress in fulfilling his obligation to report to work, and the uncertainty of when or even if he could return to full-time work. The issue in this case is whether the Town of Blackstone (Town) violated Section 10(a)(3) and, derivatively, Section 10(a)(1) of the Law when it notified the District Attorneys (DA) office about an internal affairs (IA) investigation report that found Town Police Department employee and Union member Maxwell Hurwitz was untruthful and had engaged in conduct unbecoming an officer. The grievance was denied. If you have still not received your permit a week before the hunting season begins, please emailken.mackenzie@mass.gov. Address. The issue in this case is whether the University of Massachusetts Dartmouth (Employer) violated Section 10(a)(3) and, derivatively, Section 10(a)(1) of the Law when it gave bargaining unit member Donald King (King) marginal and unsatisfactory ratings in his 2013-2014 evaluation in retaliation for engaging in the concerted, protected activities of filing a grievance, and attempting to enforce his contractual rights to take family leave. MUP-15-4847 HEARING OFFICER DECISIONFebruary 27, 2017SPENCER-EAST BROOKFIELD REGIONAL SCHOOL DISTRICT AND SPENCER-EAST BROOKFIELD TEACHERS ASSOCIATION, MUP-15-4847 HEARING OFFICER DECISION. Please make sure the email address is valid andentered correctly. You skipped the table of contents section. . Field Headquarters (508) 792-7806 . The Hearing Officer based her finding on the following factors: (1) the timing of the Employers evaluation ratings in relation to Kings grievance; (2) the Employers deviation of established practices for conducting evaluations; and, (3) the Employers insubstantial reasons for the deviating from those practices. Field Headquarters (508) 792-7806 . Our water comes from Quabbin Reservoir, 65 miles west of Boston, and Wachusett Reservoir, 35 miles west of Boston. Based on the record and for the reasons explained below. Grievant sought to rescind her letter of resignation prior to the effective date, but Employer refused. If so, what shall the remedy be? The arbitrator found that the manner in which the City assigned overtime on December 22 and 23, 2009 was not a violation of the collective bargaining agreement. 2. Wachusett Reservoir + Phone. Whether or not the Town violated Article II of the CBA by assigning work (including overtime) to a temporary sergeant that the Union argues is exclusively assigned to members of the bargaining unit? The time is posted at mid and east entrances, at the Quabbin Tower, Enfield Lookout, Hanks Meadow, and Goodnough. ARB-19-7525 ARBITRATION AWARD March 3, 2021 Town of Billerica and Billerica Firefighters Association, Local 1495, ARB-19-7525, Arbitration Award. If so. The issues in this case are: 1. The issue in this case is: Was there just cause to issue the grievant a three-day suspension? The Hearing Officer found that, despite a long delay, the Employer complied with all aspects of the Order except for the notice posting in two locations. City Of Attleboro and Massachusetts Laborers District Council, ARB-17-5907 Arbitration Award. denied, 409 Mass. SUP-19-7686 HEARING OFFICER DECISION March 9, 2021 Suffolk County Sheriff's Department and Jail Officers and Employees Association of Suffolk County, SUP-19-7686, Hearing Officer Decision. Further, there was no calculated displacement of unit work or adverse unit impact involving the supervisory duties at issue. Named for the Nipmuc Indian word meaning meeting of many waters, Quabbin is one of the largest man-made drinking water reservoirs in the United States. One-day Quabbin Fishing Licenses are available for purchase at the boat launch areas and the MassWildlife website for $5.00. The case involves allegations that the Brockton Housing Authority (Housing Authority) violated Section 10(a)(3) and, derivatively, Section 10(a)(1) of Massachusetts General Laws, Chapter 150E (the Law) by discriminating against Walter L. Barris for engaging in concerted, protected activities when it twice bypassed him for promotion. MUPL-16-5167 CERB DECISION December 28, 2018 Ann M. OKeeffe and Boston Teachers Union Local 66, MUPL-16-5167, CERB Decision. Aubuchon Distribution, Inc. and Teamsters Local 170, ARB-17-6171, Arbitration Award. The CERB concluded that the Hearing Officer properly ordered the City to pay bargaining unit members a proportionate amount of the stipend they would have earned overseeing City Hall security during three discrete periods between April 12 2006 and September 24, 2016 when the City, in repudiation of a 2005 agreement, failed to assign bargaining unit members to this position. The evidence demonstrated that there was no transfer of work regarding the budget preparation and management duties or the process of shipping certain parking meters. The issue in this case was whether the Grievant, who had exhausted her previously earned leave credits and remained out of work on workers compensation for total incapacity, was deprived of accrued sick and vacation time in violation of the contract. Did the Town violate the parties collective bargaining agreement by failing to promote a Lieutenant to Captain since July 1, 2019? MUP-18-6853 HEARING OFFICER DECISIONJuly 31, 2020City of Lawrence and Firemen & Oilers Local Union 3, MUP-18-6853, Hearing Officer Decision. After addressing each of the Employers arguments, including contract waiver, the Hearing Officer concluded that the MCCA violated the Law as alleged, and ordered the Employer to restore the status quo ante until it fulfilled its bargaining obligations. Concurring/Dissenting CERB Member Lev concurred that a bargaining obligation arose when the changes at issue affected bargaining unit members terms and conditions of employment. ARB-20-8358 ARBITRATION AWARDJanuary 24, 2022Town of Sheffield and Sheffield Police Officer's Association, Local 474, MassCOP, ARB-20-8358, Arbitration Award. Phone Wachusett Reservoir . The Hearing Officer also found that the School Committee did not unlawfully impose a condition on the negotiation of a successor contract and dismissed this allegation. No orientation is necessary to participate in the 2022 Controlled Deer Hunt in Hardwick, Pelham, and New Salem. The CERB thus affirmed that portion of the decision holding that Employers practice of compensating the inspectors for the mileage they incurred from the moment they left home until they returned did not constitute a binding past practice because it was inconsistent with the pertinent contract language. The hearing officer ordered the Commonwealth to rescind the unilateral implementation of a mileage reimbursement policy and to make all affected employees whole for reimbursement they lost as a result of the change. Rentals before 12:30 p.m. pay full day rate. Commonwealth of Massachusetts/Department of Mental Health and Massachusetts Nurses Association, SUP-16-5643, Hearing Officer Decision. The hearing officer determined that the guidelines did not impact a mandatory subject of bargaining and dismissed the complaint because the mere inconvenience to superior officers that the guidelines imposed did not outweigh managements interest in maintaining a sanitary working environment where the guidelines did not prohibit officers from eating and drinking while on-duty but only restricted the manner in which they could do so. ARB-19-7378 ARBITRATION AWARDOctober 28, 2021Town of Athol and International Union of Public Employees, Local 6, ARB-19-7378, Arbitration Award.
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