One is a hunt that occurs annually during the two-week shotgun season in specific zones (Hardwick, New Salem and Pelham). No boats may be launched within 2 hours of the posted Boats Off the Water time. Where all of the potential applicants for promotion to Fire Chief were members of the Unions bargaining unit, and where participating in an assessment center was the only way that eligible Deputy Chiefs could avail themselves of this promotional opportunity, the CERB reversed a Hearing Officer decision and held that the City violated Section 10(a)(5) and, derivatively, Section 10(a)(1) of the Law by failing to bargain in good faith with its firefighters union by implementing a decision to use an assessment center as the sole basis for scoring and ranking candidates on an eligible list for promotion to Fire Chief without bargaining to resolution or impasse with the Union over the impacts of the decision and the means and methods of implementing it. If so, what shall be the remedy? All three CERB members determined that the position of Culinary Assistant should be added to the unit because the position shared a community of interest with other bargaining unit members, particularly Student Mentors, in terms of duties, pay work location, schedule, and interaction. Thus, where the HDT title was neither newly-created nor changed, and where the CERB determined that its continued inclusion of the HDT in MCCCs unit did not render that unit inappropriate as a matter of Law, the CERB concluded that a CAS petition was not the appropriate vehicle for AFSCME to accrete the position. International Longshoremens Association, Local 809, UPL-18-6690, CERB Ruling. It is located near the town common, at 8 Newton Street, in an architecturally distinguished Colonial Revival building constructed in 1912 to a design by Worcester architect Lucius Briggs. ARB-041-2011 ARBITRATION DECISIONMarch 12, 2017CITY OF WORCESTER AND NAGE, LOCAL 495,ARB-041-2011, ARBITRATION DECISION. The 3,000-acre Wachusett Mountain State Reservation offers plenty of natural and recreational opportunities. Use this button to show and access all levels. Address. Quabbin Fishing Licenses are limited to the designated shore and boat fishing areas on Quabbin Reservoir during the Quabbin Fishing Season. SPRINGFIELD SCHOOL COMMITTEE AND SPRINGFIELD EDUCATION ASSOCIATION, LOCAL 2023, MUP-15-4815 HEARING OFFICER DECISION. independently interfered with, restrained and coerced its employees in the exercise of their rights guaranteed under Section 2 of the Law. Address. SUP-16-5594 HEARING OFFICER DECISION January 16, 2020 Commonwealth of Massachusetts and Massachusetts Organization of State Engineers and Scientists, SUP-16-5594, Hearing Officer Decision. A majority of the CERB (Chair Wittner and Member Ackerstein) concluded that the Commonwealth of Massachusetts made an unlawful unilateral change to bargaining unit members terms and conditions of employment when managers at MassHealth began using a previously-unused feature of MassHealths computer-based phone system to surreptitiously listen in on phone calls that MassHealth Benefits Eligibility and Referral Social Workers A/B (BERS A/B) had with members of the public, without first givingthe BERS A/Bs exclusive representative prior notice or an opportunity to bargain. The Hearing Officer found that in denying Jennifer DiBuonos (DiBuonos) December 11, 2018, bereavement leave request for the death of her father, the City violated Section 10(a)(5), and derivatively, Section 10(a)(1) of the Law by unilaterally adding a step in the bereavement leave approval process considering the specific nature of the relationship between an employee and the deceased person that the employee identified as their parent, and limiting eligibility to biological parents. The CERB found that discussions between the two union officers about an upcoming maritime training over which the union had demanded to bargain and was contemplating fling a grievance were concerted activities that did not lose their protected status when the union president unsuccessfully asked the then union vice president to withdraw from the training at the last minute. The Hearing Officer has found that the City did not violate the Law in the manner alleged. CITY OF QUINCY and MASSACHUSETTS PUBLIC EMPLOYEE COUNCIL, ARB-16-5373, ARBITRATION DECISION. 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. Because the SLM performed some of the duties that the Admin I performed, AFSCME contended that the SLM belonged to its bargaining unit. MCR-21-8905 CERB DECISIONFebruary 14, 2022City of Springfield, NAGE and UPSEU, MCR-21-8905, CERB Decision. The new grievance was therefore timely. SUPL-17-5913 HEARING OFFICER DECISION December 31, 2018 Service Employees International Union, Local 888 and Speanilove Nelson, SUPL-17-5913, Hearing Officer Decision. The CERB rejected the NEPBAs argument that the dispatchers retained separate bargaining unit status based solely on a 1988 certification. If so, what shall the remedy be? c. 150E by implementing a Vacation Leave Policy that counted all types of leave that bargaining unit members took in a given calendar when it calculated when those bargaining unit members would receive their vacation drop for the following year The Hearing Officer held, and the CERB affirmed, that counting all types of leave constituted a change from the vacation eligibility provision that the parties agreed to in their most recent CBA, which, by its plain language, delayed accrual of vacation leave only if parties exceeded 12 weeks of leave taken pursuant to the Citys Medical Leave Policy. On the merits of the case, the arbitrator found that because the Departments policy restricting overtime for employees utilizing sick leave is a permissible restriction, the City did not violate the collective bargaining agreement when it did not call the grievant for an overtime opportunity. The CERB rejected the Unions argument thatbecause their members performed their job duties outside, thedecision not to enter school buildings was a concerted, protectedprotestover the Andover School Committees decision to require teachers to physically reportto work during the ongoing COVID-19 pandemicbefore the parties had reached an agreement on return-to-work issues. The Commonwealth did, however, violate the Law when the Director of the Taunton MassHealth Enrollment Center threatened to investigate employee behavior during a union meeting, and surveilled employees by closely monitoring the conduct of union meetings. The hearing officer held that the Union violated the law when it petitioned the Town Meeting on a proper subject of collective bargaining. CITY OF WORCESTER AND NAGE, LOCAL 495,ARB-041-2011, ARBITRATION DECISION. The Union sought to recover the grievants loss of vacation time resulting from his placement on administrative leave pending an investigation into his conduct. A link for purchasing the 2023 Quabbin Fishing Season Parking Pass will be activated on this webpage around March 1, 2023. Please help preserve your fishing privileges and protect Quabbin's resources by following all rules and regulations. Additionally, the arbitrator was not persuaded by the Unions arguments that the policy violated Article 23 of the collective bargaining agreement, or that one instance of the City not following the policy entitled the grievant to be called for overtime opportunities. The arbitrator found that the manner in which the City assigned overtime on December 9, 2009 was not a violation of the collective bargaining agreement. ARB-17-5805 ARBITRATION DECISIONDecember 1, 2017TOWN OF MILLBURY AND MILLBURY POLICE ASSOCIATION, LOCAL 128, MASSCOP, AFL-CIO, ARB-17-5805, ARBITRATION DECISION. The first is whether the Stoughton School Committee (Committee) violated Section 10(a)(5) and, derivatively, Section 10(a)(1) of the Lawwhen, at the January 14, 2015 staff meeting, it discussed with unit members when to schedule a Spirit Day event. It found that the City failed to comply with the part of the Order that required the City to rescind the eligibility list that resulted from the Assessment Center when despite clear language in the decision stating otherwise. The arbitrator also was not persuaded by the Unions argument concerning the number of consecutive shifts worked by the grievants, as the shifts worked covered two administrative workweeks and included the correct time off in both administrative workweeks. Consequently, the City did not violate the Law as alleged. Do not include sensitive information, such as Social Security or bank account numbers. he issues in this case are: Did the Company violate Article 15, Section 2 of its collective bargaining agreement with the Teamsters, Local 170 by outsourcing all of its work to a third party which did not assume the obligations of the Company under the collective bargaining agreement? A .mass.gov website belongs to an official government organization in Massachusetts. SUPL-14-3628 HEARING OFFICER DECISIONAugust 25, 2017OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, LOCAL 6, AFL-CIO AND JOHN F. MURPHY, SUPL-14-3628, HEARING OFFICER DECISION. After reviewing the applicable statutory and regulatory scheme, the CERB determined that jurisdictional questions were for the DLR and not the CERB to decide in the first instance and remanded the request to the DLR for further processing. ARB-20-8043 ARBITRATION AWARDSeptember 8, 2021 Town of Hopkinton and Massachusetts Laborers' District Council, ARB-20-8043, Arbitration Award. 3. An official website of the Commonwealth of Massachusetts, Find walking, biking, fishing, snowmobiling, and other types of access maps, See real time view of Quabbin Reservoir from MWRA's Quab-Cam. Thus, the fact that c. 268A, 28 was not specifically enumerated in c. 150E, 7(d) did not preclude the requirement that the City bargain over the institution of the newly-instituted requirements for completing the Online Training Program. Bicycle access is permitted only on designated roads between Gates 29 and 35, and at Gates 40, 43A, 43B & 44. Welcome to Beyond Charts. Based on the entire record, the Hearing Officer found that the Town did not violate the Law because the Union could not demonstrate that the Town was motivated by a desire to penalize Hurwitz for engaging in concerted, protected activity when it contacted the DAs office based on the findings of untruthfulness and conduct unbecoming an officer in the IA report. Concord (/ k k r d /) is a town in Middlesex County, Massachusetts, in the United States.At the 2020 census, the town population was 18,491. Chock blocks on vehicles when launching or removing boat from the reservoir. Because the CERB decided this case on different grounds, it did not adopt the Hearing Officers Order that the City restore the past practice of bypassing Step 1 of the grievance procedure for grievances filed by the Association in writing with the Police Chief. Welcome to Quabbin Reservoir, the principal drinking water supply for 3 million Massachusetts residents. of MA/Sec. 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. Top-requested sites to log in to services provided by the state. The Arbitrator determined that resignation letter was voluntarily tendered, and received and accepted by the Town. The issue in this case is whether the Maher Teachers Association (Employer) violated Sections 12 and 10(b(1) of Massachusetts General Laws, Chapter 150E by demanding an invalid agency service fee from Michael Magee. Based on the record and for the reasons explained below. 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. The second type is a two-day hunt that may occur in any given year in other Quabbin zones. Where, based upon bargaining history and the language of the CBAs recognition clause, the CERB rejected NEPBAs argument that AFSCME represented Civilian Dispatchers in a stand-alone unit, but instead found that AFSCME represented a single, merged bargaining unit that included Civilian Dispatchers and other non-professional Town employees and that, under the CERBs severance standard, the differences in the Civilian Dispatchers schedule or duties had not caused and were not likely to cause conflicts or divisions within the bargaining unit, the CERB dismissed a representation petition filed by the NEPBA seeking to represent a separate bargaining unit of Civilian Dispatchers. If so, what shall be the remedy? Although the CERB found that the requested amendments fell within the scope of the original complaint, the CERB concluded that the hearing officer did not abuse her discretion by denying the motion with respect to one of the paragraphs because the union failed to present any evidence that the exhibits it relied upon to support its motion were part of the record before her.
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