The issue in this case is whether the City of Boston unlawfully transferred SENA bargaining unit duties to an AFSCME bargaining unit member when it created, posted and filled the position of Parking Meter Technology Specialist. Finally, the CERB affirmed the rescission remedy because at least two of the impact bargaining issues, the identity of the mediators and officer eligibility, could not be separated from the decision to implement a mediation program. ARB-15-4564 ARBITRATION DECISIONMay 12, 2016 Town of Sudbury and Massachusetts Laborers District Council, ARB-15-4564 Arbitration Decision.The issue in this case is: Under the collective bargaining agreement, did the Town have cause to terminate Mr. Zanco from his employment? The arbitrator found that the grievance is arbitrable, and the Town violated the collective bargaining agreement when it failed to promote a Lieutenant to Captain since July 1, 2019. After an AFSCME Administrative Assistant I (Admin I) retired from the Financial Aid office, the University decided not to replace her, but to create the SLM position. The 412 billion gallon reservoir covers 39 square miles with 181 miles of shoreline. Recreational activities are regulated and limited to protect 3 million peoples drinking water. The hearing officer sustained counts III and IV, finding that the City imposed a fitness for duty policy as a condition of continued employment without giving the union notice and an opportunity to bargain about the criteria and procedures for imposing fitness for duty examinations. By E After a hearing officer held that the principal interfered with, coerced, and restrained employees in the exercise of their Section 2 rights when she expressed displeasure at and criticized employees for discussing concerns about her, the issue on appeal before the CERB was whether the Andover School Committee (School Committee) also independently violated Section 10(a)(1) of the Law when, shortly after the principals statements, during an investigation into whether six bargaining unit members had created a hostile work environment by making derogatory, demeaning and discriminatory remarks about administrators, staff members and students, the investigator instructed employees not to discuss the investigation with anyone other than their union representative. In addressing the Citys arguments regarding its non-delegable authority and public health considerations, the Hearing Officer distinguished Chief Justice for Administration and Management of the Trial Court v. Commonwealth Employment Relations Board, 79 Mass. The evidence showed that the City interviewed the unit member as a witness, not as a target of the investigation, and it made repeated assurances that she was neither the target of the investigation nor the subject of any discipline. ARB-15-4666 ARBITRATION DECISION July 8, 2016 Worcester Housing Authority and Massachusetts & Northern New England Laborers District Council, ARB-15-4666, ArbitrationDecision. Due to the success of this program, it was expanded to additional zones; since 2020, Pelham, New Salem and Hardwick zones have been open to deer hunting during the shotgun season. The arbitrator found that the City did not have the right to instruct the grievant to stop using a City vehicle for commuting to and from work. DWSP's public access management plans determine the levels of access that may be reasonably allowed without risking water supply safety, security, or quality. The issue in this case is: Did the Grafton School District have just cause to issue the reprimand dated March 3, 2021 to Michael Dowdle? The CERB also affirmed the Hearing Officers conclusion that the Union had established a prima facie case of unlawful motivation based on the shifting and inconsistent reasons that MassDOT gave for not selecting the two employees. The Hearing Officer found that the Employer violated the Law in the manner alleged. I conclude that the City did fail to bargain in good faith with the Union by implementing a dress code and changing the Citys parking policy for City employees without providing the Union with notice and an opportunity to bargain over the changes and thus, did violated Section 10(a)(5) and, derivatively, Section 10(a)(1) of the Law in the manner alleged. 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. On compliance, the Hearing Officer held that the City could not raise it anew. 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. Additionally, the Hearing Officer found that the School Committee violated Section 10(a)(3) of the Law, and derivatively violated Section 10(a)(1) of the Law when it issued Jennifer Salmon a written warning and placed her on administrative leave in retaliation for her protected, concerted activity. DWSP biologists will check-in the deer for you. 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. 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. This form only gathers feedback about the website. The issue in this case is whether the City of Worcester (City or Employer) violated Section 10(a)(5) and, derivatively, Section 10(a)(1) of Massachusetts General Laws, Chapter 150E (the Law) by hiring a new employee to work in the Department of Public Works (DPW) Reservoir Division as a motor equipment repairman (MER) without first offering the position to MERs already working in the DPW. The arbitrator found that the disputed language was clear and unambiguous, and that the City did violate the collective bargaining agreement when it failed to pay Officer Curran and Officer Seguin eight hours pay for their disputed detail shifts. The CERB affirmed the dismissal of the Complaint. Where the Union made the motion as to two different counts for the first time in its post-hearing brief, the CERB denied it on grounds that the issues had not been fully litigated. On appeal, the CERB agreed the Union had violated its DFR to the charging party, concluding that under well-established precedent, the Unions conduct was perfunctory and inexcusably negligent. Private boats may use two motors provided the total does not exceed the hp limits. The arbitrator found that the bargaining unit members were not entitled to holiday pay for December 24, 2018. On the merits of the case, having previously found that the Departments policy that restricted overtime opportunities for employees who utilized sick leave was a permissible restriction, the arbitrator concluded that the City did not violate the collective bargaining agreement when it did not offer the grievant overtime opportunities on certain dates. MUP-20-7800, 7807, 7808, 7809 HEARING OFFICER DECISIONFebruary 16, 2022City of Westfield, Westfield Firefighters Local 1111 IAFF, Rebecca Boutin, David Kennedy and Kyle Miltimore, MUP-20-7800, 7807, 7808, 7809, Hearing Officer Decision. Stay well away from loon and eagle nest sites and loons with chicks. DCR has a limited number of canoes and kayaks available to rent for fishing on a first come-first serve basis at Boat Launch Areas #2 and #3 for use on the regulating ponds at these areas. Private motors must have an intact Quabbin Boat Seal before use. The new grievance was therefore timely. The Quabbin Visitors Center is open 4 days a week and offers many programs. The CERB affirmed a Hearing Officers decision holding that the employer violated Section 10(a)(5) and, derivatively, Section 10(a)(1) of M.G. As such, the grievance was denied. The Arbitrator determined that resignation letter was voluntarily tendered, and received and accepted by the Town. The hearing officer held that the Commonwealth violated the Law. If not, what shall be the remedy? If so, what shall be the remedy? The arbitrator found that the City did not violate Article 6, when it assigned superior officers who attended the new four-day NERPI training, a new schedule for the week when the training took place. MUPL-16-5167 CERB RULINGSeptember 30, 2021Ann Marie O'Keeffe and Boston Teachers Union, Local 66, MUPL-16-5167, CERB Ruling. DCR Division of Water Supply Protection Field Headquarters - John Augustus Hall, 180 Beaman , West Boylston, MA 01583, A Public Program by Wachusett Reservoir Watershed Interpretive Services, Cross Street and Route 70, Boylston, MA 01505. The 65 billion gallon reservoir covers 108 square miles with 37 miles of shoreline. Employer did have just cause to terminate the grievant for his actions on May 17. Whether Messrs. LeBeau and Sweeney were entitled to an overtime opportunity that arose on the afternoon of December 9, 2009? The CERBs ruling was based on evidence showing nearly two years of bargaining and unsuccessful mediation for a successor contract; the DEAs intent to hold a general membership meeting on October 24, 2019, at which a strike vote would be taken to strike on October 25; flyers and emails admittedly authored by the Union president discussing the strike vote, making statements like What options are left for us? and Enough is enough and inviting support at rallies to take place on October 25. The issues in this case are: 1. If you have any questions or concerns, please contact: Quabbin Reservoir - Visitor Center ARB-21-8601 EXPEDITED ARBITRATION AWARDJune 11, 2021Town of Swansea and National Fraternal Order of Police, ARB-21-8601, Expedited Arbitration Award. Learn about fishing and boating on Quabbin Reservoir. The New Salem and Enfield lookouts offer magnificent views of the reservoir. The hearing officer ordered the City of Boston to rescind the unilaterally implemented vacation accrual policy as applied to the union, and to bargain upon demand with the union. The issue is whether the Union breached its duty of fair representation owed to Murphy in violation Section 10(b)(1) of Massachusetts General Laws Chapter 150E (the Law) when it filed an untimely demand for arbitration 20 days after the contractual filing deadline. ARB-21-8855 ARBITRATION AWARDMay 9, 2022Town of Dennis and Massachusetts Laborers District Council, ARB-21-8855, Arbitration Award. The employer sought review of the DLRs neutral dismissal of forty-eight outcome determinative challenges, which were based on the employers assertion that it intended to hire forty-eight additional agricultural employees once it completed plans to expand its operations across the street. Learn more about hunting deer on DCR's Wachusett Reservoir Watershed lands. ) or https:// means youve safely connected to the official website. 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. Wachusett Reservoir, along with the Quabbin Reservoir and Ware River, are the unfiltered source of high quality water for the Massachusetts Water Resources Authority water supply system. The Town was ordered to make the grievant whole for his losses. Commonwealth of Massachusetts/Department of Public Health and Massachusetts Nurses Association, SUP-15-4331, Hearing Officer Decision. MUP-19-7408 HEARING OFFICER DECISIONSeptember 23, 2021City of Cambridge and Cambridge Police Patrol Officers Association, MUP-19-7408, Hearing Officer Decision. If so, what shall be the remedy? c. 150E when the City failed to bargain on demand about the criteria and procedure for fitness for duty examinations, and when it unilaterally imposed a fitness for duty policy as a condition of continued employment. CITY OF WORCESTER AND NAGE, LOCAL 495, ARB-16-5515, ARBITRATION DECISION. CAS-14-4040 CERB DECISION June 20, 2016 City of Boston and AFSCME and PSA, CAS-14-4040, CERB Decision. The issue was whether unrepresented Metadata and Imaging Assistants (Assistants) should be accreted to a bargaining unit of librarians and other employees represented by the Professional Staff Association (PSA). You skipped the table of contents section. Hunters are required to apply online for a one-year access permit to hunt these zones and there is no limit to the number of hunters that can receive a permit. Camping is not allowed on DCR's Division of Water Supply Protection property. ARB-16-5373 ARBITRATION DECISIONMay 11, 2017CITY OF QUINCY and MASSACHUSETTS PUBLIC EMPLOYEE COUNCIL, ARB-16-5373, ARBITRATION DECISION. If not what shall be the remedy? Of course all the standard technical analysis tools, indicators and charting functions are included in our FREE charting package, but we've gone Beyond Charts for those searching for more. The issues in this case are: 1.Is the grievance arbitral? The arbitrator found that the Town did have just cause to terminate [Grievant] for her inability to properly communicate with fire department personnel over the dispatch radio. The issue in this case is whether the Boston School Committee (School Committee) violated Sections 10(a)(1) and (5) of Massachusetts General Laws Chapter 150E (the Law) by failing to comply with two arbitration awards. The boat will be resealed to the trailer upon exit from the boat launch area. 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