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ARB-13-3268 ARBITRATION DECISION July 14, 2016 City of Worcester and NAGE, Local 495, ARB-13-3268, arbitration decision. The questions in this case are: 1. Can the complaint be filed? If so, did the City of Worcester violate the terms of the collective agreement by not ordering Kenneth Webster on March 26, 2012, an overtime contract when a worker was assigned? 3. If so, what is the remedy? The Arbitrator found that the complaint was not materially arbitral, as the parties agreed to exclude the city`s right to decide whether or not to award a foreman working in an emergency overtime station from the appeal and arbitration process. The Union`s argument that the dispute between the parties was rather the allocation of overtime did not convince the arbitrator, since it was the City`s right to employ a worker and that Webster had not proposed the overtime allowance in question. It is interesting to note that the Court of Justice`s written decision did not address whether the context of “business sales” was relevant to the applicability of the restrictions or whether the language of Chapters 112, 12X, which describes contracts or agreements that “create or define the terms of a partnership, employment or other form of industrial relations” , adequately encompasses the APA. Dr. Velazquez also received $2 million from candescent`s purchase of Eye Health Factor in the court`s argument. Referring to the strong public policy in favour of patient choice, as applied in Falmouth Ob-Gyn, the court found that Candescent “was not legitimately entitled to prejudice as a result of the application of the statute, which renders the restrictive provisions unenforceable.” ARB-19-7216 ARBITRATION AWARD July 16, 2020 City of Lowell and Lowell Police Association, ARB-19-7216, Arbitration Award. The question in this case is: did the city exceed the number of specialized positions, as stipulated in the collective agreement, after the adoption of M.G.L.c. 71, No. 37P for the appointment of school resource managers? If so, what is the cure? The Adjudicator found that the City had exceeded the number of specialized positions defined in the collective agreement following the appointment of m.G.L.c.

71, No. 37P, in the appointment of school resource managers. The city has been ordered to stick to the language of Article III, Section 8. ARB-17-5949 ARBITRATION AWARD October 5, 2018 City of Holden and Assn Regional Emergency Communication Centre. L.450 MCOP, ARB-17-5949, arbitration award. The questions that arise in this case are: can the complaint be arbitrated by the procedure? If so, did the city violate the collective agreement provide for a part-time officer for an open position on February 3, 2017, without offering the position to full-time officers? If so, what is the cure? The arbitrator found that the complaint was procedurally arbitral, but that the City did not violate the collective agreement by ordering a part-time dispatcher on February 3, 2017, without first offering it to a full-time bargaining unit distributor.

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