• ARB-12-1941 Arbitration Award  pdf format of ARB-12-1941 Arbitration Award
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    Wareham School Committee, AFSCME Council 93 ARB-12-1941 Arbitration Award (May 21, 2014) The parties received a full opportunity to present testimony, exhibits and arguments, and to examine and cross-examine witnesses at a hearing. I have considered the issues, and, having studied and weighed the evidence presented, conclude as follows: The grievance is denied.  The termination of Charlene Hamel was for cause.  On June 18, 2012, AFSCME, Council 93 (Union) filed a unilateral petition for Arbitration.  Under the provisions of M.G.L. Chapter 23, Section 9P, the Department of Labor Relations (Department) appointed Timothy Hatfield Esq. to act as a single neutral arbitrator with the full power of the Department. The undersigned Arbitrator conducted a hearing at the Wareham Town Hall on April 4, 2013, June 17, 2013 and September 13, 2013. The parties filed briefs on November 5, 2013. The Parties were unable to agree on a stipulated issue. 

  • ARB-12-2274 Arbitration Award  pdf format of ARB-12-2274 Arbitration Award
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    Millbury School Committee/Millbury Teachers’ Association ARB-12-2274 Arbitration Award (May 23, 2014). The Arbitrator has the authority to hear and decide the grievance over Stephen Roche’s suspension.  The Employer did not have just cause to issue the August 17, 2012 four (4) day suspension to the grievant, Stephen Roche.  The Employer is hereby ordered to reduce Stephen Roche’s four day suspension to a written warning.

  • CAS-12-2115 CAS Decision  pdf format of CAS-12-2115 CAS Decision

    City of Gloucester/AFSCME, Council 93, AFL-CIO CAS-12-2115 CERB Decision (May 30, 2014) AFSCME Council 93, AFL-CIO (AFSCME or Union) seeks to accrete the title of “Manager of School Transportation Equipment and Emergency Generator Maintenance” (MST)[1] into its bargaining unit of City of Gloucester (City) Department of Public Works (DPW) employees, including custodial, maintenance and rink employees. The Union primarily bases its petition on a promise that the City’s personnel director allegedly made to the President of the City DPW unit to include the MST, a School District employee, in the City DPW unit.  The City denies that any such representation was made and objects to the petition on a number of grounds, including that the MST is employed by the Gloucester Public Schools, not the City. 



    [1] The record reflects a number of different names for the disputed title, including “School Transportation Mechanic” and “Transportation Maintenance Manager.”  For the sake of consistency, we refer to this title to as the “Manager of School Transportation Equipment and Emergency Generator Maintenance,” which is how the title appears in the incumbent’s employment contracts with the School Superintendent.

     

  • CAS-12-2194-CAS-13-2523 CAS Decision  pdf format of CAS-12-2194-CAS-13-2523 CAS Decision

    University of Massachusetts (Boston) and Classified Staff Union, MTA/NEA and Teamsters, Local 25 CAS-12-2194-CAS-13-2523 CERB Decision (May 1, 2014) On August 24, 2012, the Classified Staff Union, MTA/NEA (CSU) filed a unit clarification petition (CAS-12-2194) seeking to accrete the title of Civilian Dispatcher (CD II) into its bargaining unit of all full-and part-time civilian classified (hourly) staff at        the University of Massachusetts-Boston (Employer or UMB).  On September 24, 2012, the Union amended the petition to include the Public Safety Dispatch Supervisor (CD Ill) position.      Teamsters  Local  No.  25  (Local  25)  filed  a  motion  to  intervene  in  this proceeding.  The Department of Labor Relations (DLR) granted the motion on October 11, 2012.  On January 3, 2013, Local 25 filed its own petition (CAS-13-2523) regarding the bargaining unit status of the two dispatcher titles. The CSU intervened in Local 25's petition and the matters were consolidated for investigation. On  January  8,  2013,  the  DLR  held  an  informal investigative  conference  to discuss  the  issues  raised  by  both  petitions. The parties submitted supporting documents, including affidavits, before and after the conference.                    Because it did not appear that there were any material facts in dispute, the DLR sent out a letter seeking some additional information and asking the parties to show cause why it should not resolve  the  matter  based  on  the  information  contained  in  the  letter.    All parties responded.  Based on their submissions, and for the reasons set forth below, the Commonwealth Employment Relations Board  (Board)  concludes  that  the  Civilian Dispatchers have a greater community of interest with Teamsters Local 25.  The Board therefore denies the CSU's petition to accrete these titles to its unit and grants Local             25's petition.

  • MUP-13-2683 CERB Decision  pdf format of MUP-13-2683 CERB Decision
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    City of Chelsea/Chelsea Firefighters, Local 937, IAFF, MUP-13-2683 CERB Decision (May 29, 2014) The City of Chelsea appeals from a ruling that it violated its obligation under Section 10(a)(5) of M.G.L. c. 150E (the Law) to support funding for the cost items in a Joint Labor-Management Committee (JLMC) arbitration award, when its City Manager failed to speak out in support of the award at a City Council meeting that voted on a resolution asking the parties to meet to negotiate a new agreement, but that did not include a funding order.  For the reasons set forth below, the Commonwealth Employment Relations Board (Board) affirms the Hearing Officer’s ruling.

  • MUP-13-2975 HO Decision  pdf format of MUP-13-2975 HO Decision
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    City of Chelsea/Chelsea Firefighters, Local 937, IAFF, MUP-13-2683 CERB Decision (May 29, 2014) The City of Chelsea appeals from a ruling that it violated its obligation under Section 10(a)(5) of M.G.L. c. 150E (the Law) to support funding for the cost items in a Joint Labor-Management Committee (JLMC) arbitration award, when its City Manager failed to speak out in support of the award at a City Council meeting that voted on a resolution asking the parties to meet to negotiate a new agreement, but that did not include a funding order.  For the reasons set forth below, the Commonwealth Employment Relations Board (Board) affirms the Hearing Officer’s ruling.

  • MUP-13-3085 HO Decision  pdf format of MUP-13-3085 HO Decision
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    Somerset School Committee/Lorrie Pierce, MUP-13-3085 Hearing Officer Decision (May 22, 2014) The issue is whether the Somerset School Committee (Committee or Employer), discriminated against Lorrie Pierce (Ms. Pierce) for engaging in concerted, protected activity in violation of Section 10(a)(4) and derivatively Section 10(a)(1) of Massachusetts General Laws, Chapter 150E (the Law) when it deleted Ms. Pierce’s User Directory e-mail account, removed her name from the Wilbur Elementary School (Wilbur School)  faculty list, and posted and permanently filled a job vacancy for a her former Wilbur School Paraprofessional assignment that included a new job qualification while Ms. Pierce’s arbitration was pending. 

  • PS-001-2011 Ruling on Impasse  pdf format of PS-001-2011 Ruling on Impasse

    Cambridge Health Alliance and Massachusetts Nurses Association PS-001-2011 Ruling on Impasse (May 1, 2014)  On March 11, 2014, the Cambridge Public Health Commission d/b/a Cambridge Health Alliance (CHA) filed with the Department of Labor Relations (DLR) its Request for Certification of Collective Bargaining Process (Request).  On March 14, 2014, the Massachusetts Nurses Association (MNA or Union) filed its opposition to the CHA's Request.  For the reasons addressed below, I am granting the CHA's request, since it is clear to me that the collective bargaining process, including mediation and fact-finding has been completed as required by Section 9 of Massachusetts General Laws, Chapter 150E (the Law).