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Labor board ruling on Essex North Shore Tech’s summer schedule upheld in appeals court argument
Summary
The court heard arguments over whether Essex North Shore Agricultural & Technical School District unlawfully changed employee hours during summer 2020 without impact bargaining; central issues included alleged waiver by contract, whether parties reached impasse, and managerial prerogative to set levels of service.
The Appeals Court heard argument in 2023P1399, Essex North Shore Agricultural and Technical School District v. Commonwealth Employment Relations Board (CERB) and AFSCME Council 93/Unit (the union), over a CERB finding that the district violated Chapter 150E by unilaterally changing employee schedules during summer 2020 without completing required bargaining over the decision’s effects.
Brett Sebag, counsel for Essex North Shore, argued the district had contractual authority under Article 5 of the parties’ collective bargaining agreement to modify employees’ work years and schedules and that the district’s…
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