Town ofWinchester, 19 MLC 1591, 1596 (1992). To determine whether an employer has violated Section 10(a)(1) of the Law, the Board applies an objective test that focuses on the impact that the employer's conduct would have on.a reasonable employee rather than the subjective impact of the employer's conduct on the actual employee involved.
See, Town ofWinchester, 1591, 1597, MUP-7514 (December 22, 1992)(no violation where statements from two town selectmen did not constitute expressions of anger or demean the positions of the employee or union.) Instead, | have found that those allegations are more appropriately pleaded as derivative Section 10(a)(1) violations, as noted in paragraphs 11 and 14, of the Complaint.
Commonwealth of Massachusetts, 40 MLC at 299 (citing Town ofWinchester, 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 1913, 1916, MUP4620 (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.
Commonwealth of Massachusetts, 40 MLC at 299 (citing Town ofWinchester, 19 MLC 1591, 1596-97, 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.
Commonwealth of Massachusetts, 40 MLC at 299 (citing Town ofWinchester, 19 MLC 1591, 1596-97, 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.
(citing Town ofWinchester, 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 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.
*See additional notes DECEDENT IS: MVA: No TOWN OF MVA: STATE OF MVA: ACCIDENT DETAILS: D reportedly threatened Winchester police officers with a knife and was shot INJURY: Yes INJURY AT WORK: No DATE OF INJURY: NOVEMBER 2, 2020 TIME OF INJURY: UNKNOWN HOW INJURY OCCURRED: SHOT BY OTHER PLACE OF INJURY (TYPE): RESIDENCE BODY DECOMPOSED: No LOCATION OF INJURY: 208 SWANTON STREET, WINCHESTER, MA BONES INVOLVED: No Emergency Contact/ Person at Scene
Town ofWinchester, 19 MLC (1992). 1591, 1596 The Commission does not analyze either the motivation behind the conduct, Town of Chelmsford, 8 MLC 1913, 1916 (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. Groton-Dunstable Regional School Committee, 15 MLC at 1555-1556.
Town ofWinchester, 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). Here, I do not find that the Citys wage reopener with the Superiors would chill a reasonable employee in the exercise of his or her rights. Therefore, | also dismiss this allegation.
Town ofWinchester, 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). Here, | do not find that the Citys wage reopener with the Superiors would chill a reasonable employee in the exercise of his or her rights. Therefore, | also dismiss this allegation.