COMMONWEALTH v. LABOR RELATIONS COMMISSION

No. 01-P-1381.

60 Mass. App. Ct. 831 (2004)

COMMONWEALTH v. LABOR RELATIONS COMMISSION.

Supreme Court of Massachusetts, Suffolk.

April 16, 2004.


Attorney(s) appearing for the Case

Julian T. Tynes for the plaintiff.

Marjorie F. Wittner for the defendant.

Present: Beck, Kass, & Doerfer, JJ.


BECK, J.

The Alliance, AFSCME/SEIU, Local 509 (union), claims that the Department of Mental Retardation (department) violated G. L. c. 150E, § 10(a)(1) & (5), by transferring bargaining unit work to nonbargaining unit employees without giving the union notice and an opportunity to bargain. We agree.

Factual and procedural background. In 1995, for reasons related to service delivery and the condition of the building, the department closed...

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