Town of Winchester, 19 MLC 1591, 1596 (1995). Rather, the focus of the inquiry is the effect of the employer's conduct on a reasonable employee. City of Boston. 20 MLC 1154, 1161 (1994). As explained above, the Employer established that it has a legitimate reason for laying off unit members who do not select one of the other options and | am not persuad ed that this would chill a reasonable employee's exercise of their rights under the Law.

Quincy School Committee, 27 MLC 83, 91, MUP-1986 (December 29, 2000); Town of Athol, 25 MLC 209, 212, MUP-1448 (June 11, 1999); Town of Winchester, 19 MLC 1591, 1595, MUP-7514 (December 22, 1992); GrotonDunstable Regional School Committee, 15 MLC 1551, 1555, MUP-6748 (March 20, 1989).

Bristol County Sheriffs Department, 31 MLC at 15 (citing Town of Winchester, 19 MLC 1591, 1596, MUP-7514 (Dec. 22, 1992)). The CERB does not consider the employers motivation for the conduct or whether the coercion succeeded or failed. Bristol County Sheriffs Department, 31 MLC at 15. It is not necessary that an employers conduct actually restrain or coerce an employee in the exercise of his or her rights under this provision.

Town of Athol, 25 MLC 209, 212, MUP1448 (June 11, 1999); Town of Winchester, 19 MLC 1591, 1595, MUP-7514 (December 22, 1992); Groton-Dunstable Regional School Committee, 15 MLC 1551, 1555, MUP-6748 (March 20, 1989).

Town of Winchester, 19 MLC 1591, 1597, MUP-7514 (December 22, 1992). However, conduct that may be deemed generally within the scope of Section 2 loses the protection of the statute if it is found to be unlawful, violent, a breach of contract, indefensibly disloyal to the employer, or disruptive of the employer's business. Town of Bolton, 32 MLC, 13, 18, MUP-01-3255 (June 27, 2005).

Bristol County Sheriffs Department, 31 MLC at 15 (citing Town of Winchester, 19 MLC 1591, 1596, MUP-7514 (Dec. 22, 1992)). The CERB does not analyze the motivation behind the conduct, Town of Chelmsford, 8 MLC 1913, 1916, MUP-4620 (March 12, 1982), aff'd sub nom. Town of Chelmsford v. Labor Relations Commission, 15 Mass. App. Ct. 1107 (1983), or whether the coercion succeeded or failed.

BILLED 2,061.60 ADJ .00 ABT .00 OVER BILLED .00 ____________________________________________________________________________________________________________________________________ 224044.0-0009-0000.0 109 70069 | LAND 398,600| REAL ESTAT 9,417.60| 1 2,299.82 BALDWIN STEPHEN ET ALI TRS | BUILDING 909,400| CPA 282.53| 2 2,299.82 BALDWIN FAMILY REALTY TRUST | TOTAL VALUE 1,308,000| | 3 2,550.25 25 MASON ST | DEFERMENT 0| TOTAL TAX 9,700.13| 4 2,550.24 WINCHESTER

Town of Winchester, 19 MLC 1591, 1596, MUP-7514 (December 22, 1995).

Commonwealth of Massachusetts, 40 MLC 297, 299-300 Id. citing Town of Winchester, 19 MLC 1591, 1597-97, MUP-7514 (Dec. 22, 1992)). The Commonwealth Employment Relations Board (Board) does not analyze the motivation behind the conduct. Town of Chelmsford, 8 MLC 1913, 1916, MUP-4620 (March 12, 1982), affd sub nom. Town of Chelmsford v. Labor Relations Commission, 15 Mass. App. Ct. 1107 (1983), or whether the coercion succeeded or failed.

Commonwealth of Massachusetts, 40 MLC at 299 (citing Town of Winchester, 19 MLC 1591, 1596-97, MUP-7514 (Dec. 22, 1992)). The Commonwealth Employment Relations Board (Board) does not analyze the motivation behind the conduct, Town of Chelmsford, 8 MLC 4620 (March 12, 1982), affid sub nom. Town of Chelmsford 1913, 1916, MUPv. Labor Relations Commission, 15 Mass. App. Ct. 1107 (1983), or whether the coercion succeeded or failed.