City of Lynn and AFSCME Council 93, AFL-CIO, MUP-11-1318 Hearing Officer Decision (April 2, 2015). The issue is whether the City of Lynn (City or Employer) failed to bargain in good faith with the American Federation of State, County and Municipal Employees, Local 1736 (Union or Local 1736) by not permitting eligible unit members who worked past February 1st and before July 1st in their retirement year, to earn their vacation time for the following fiscal year without first providing the Union with prior notice and an opportunity to bargain to resolution or impasse over the decision and its impacts in violation of Section 10(a)(5) and, derivatively, Section 10(a)(1) of Massachusetts General Laws, Chapter 150E (the Law). Based on the record, and for the reasons explained below, I find that the City violated the Law.
University of Massachusetts (Amherst) and Massachusetts Society of Professors/Faculty Staff Union/MTA/NEA CAS-14-3424 CERB Decision (April 10, 2015). The issue was whether unrepresented Continuing and Professional Education (CPE) faculty at the University of Massachusetts Amherst should be accreted to the faculty/librarian bargaining unit represented by the Massachusetts Society of Professors/Faculty Staff Union/MTA/NEA (MSP). The CERB concluded that a unit clarification petition was not the appropriate proceeding to add these positions to MSP’s unit because CPE instructors existed at the time the unit was originally certified and because the parties’ CBA reflected their agreement to exclude these titles from the unit.