Where the Commonwealth Employment Relations Board has ordered a remand to determine whether the Boston School Committee violated G.L.c. 150E by unlawfully transferring bargaining unit work to the non-unit “Climate and Culture Manager” position at Charlestown High School without providing the Boston Teachers Union with prior notice and an opportunity to bargain, the School Committee unlawfully transferred the job duty of implementing discipline in response to student behavior, which was previously performed by bargaining unit members, to the non-unit position, but did not unlawfully transfer other bargaining unit work.
“… Prior to 2019, the School Committee employed bargaining unit members in the position of Community Field Coordinator (CFC) at the High School. Some CFCs also served as Assistant Unit Leaders (CFC/AUL), a mid-level leadership position that supports students and families and assists small learning community leaders. …
“Based on a preponderance of the evidence, the Union has substantiated that a calculated displacement of bargaining unit work occurred. … For the 2019-2020 school year, three CFC/AUL positions remained vacant and unfunded which demonstrates a decrease in the amount of work performed by bargaining unit members and an increase in the amount of work performed by non-unit members. … Since the School Committee completely eliminated the CFC/AUL positions, they could no longer perform any percentage of the job function of implementing discipline in...
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