City of Holyoke, 35 MLC 153, 156 (2009). | Here, the Galanti has met the first two elements of its prima facie case. Galanti has filed multiple grievances related to various aspects of employee terms and conditions of employment. There is no dispute that the School Committee knew of these MUP-14-3373 Dismissal (cont'd) activities. Galanti then had the burden to show that the School Committee took adverse action against him.

of Holyoke Schoo!

See City of Holyoke, 28 MLC 217, 221, MUP-2854 (January 14, 2002}. Assigning of Coyle to Vigneault and other employees was prohibited under the Ethical Rules of Conflicts governing the conduct of attorneys. As such, the appointment of Coyle was an abuse of discretion as it assigned Coyle to represent other member of the union for which he was already representing Bigda- putting him in direct conflict with lBPO and its members.

FAX Number 98 Lower Westfield Road Holyoke MA 01040 48. E-mail address 413 538-6199 allynsp@yahoo.com DECLARATION I have read the above charge of prohibited practice and swear under the pains and penalties of perjury that the information contained in it is true and complete to the best of my knowledge and belief. 49, Name 50.Signature/s/) 51. Title (if any) Steven Vigneault /s/ Steven Vigneault Charging Party 52,53,54,55.

Allyn, Esq., Allyn & Ball, P.C. 98 Lower Westfield Road, Suite M Holyoke, MA 01040 NOTICE TO WITNESSTHE PARTY REQUESTING THE SUBPOENA IS RESPONSIBLE FOR ANY CLAIM FOR WITNESS FEE OR MILAGE. day of RETURN OF SERVICE I hereby certify that, being a person over 21 years of age, | duly served a copy of the within subpoena. int person by registered of certified matt by leaving copy at principal office of place of business, (INDICATE BY CHECK / METHOS USED

City of Holyoke, 35 MLC 153, 156, MUP-05-4503 (January 9, 2009) (citing Town of Dracut, 25 MLC 131, 133, MUP-1397 (February 17, 1999)). Many management decisions, though possibly inconvenient or even undesirable, do not constitute adverse employment actions unless the charging party is materially disadvantaged in some way. See City of Boston, 35 MLC 289, 291, MUP-04-4077 (May 20, 2009) (citing Maccormack v.

Wet Pipes Volume capacity of Dry Pipes 7158.95gal Supplies Node Name 1 Water Supply Hose Flow Static Residual (psi) (gpm) 250.00 125.000 122.000 1340.00 (gpm) | (psi) Flow Available (psi) | 124.355 Total Demand Required 584.01 80.006 (gpm) | Safety Margin (psi) (psi) | 44.349 Contractor Contractor Number Contact Name 21 Contact Tite KFM Name of Contractor Phone Extension RED HAWK FIRE & SECURITY, LLC Address 1 FAX 9 SULLIVAN ROAD Address 2 E-mail HOLYOKE

City of Holyoke, 35 MLC 153, 156, MUP-05-4503 (January 1, 2009). Once the union establishes a prima facie case, if the employer provides lawful reasons for the alleged discriminatory conduct, the union must then prove that but for the protected activity, the employer would not have taken the adverse action. Trustees of Forbes Library, 384 Mass. 559, 565-566 (19871). Dismissal (cont.)

City of Holyoke, 35 MLC 153, 156, MUP-05-4503 (January 1, 2009). Once the union establishes a prima facie case, if the employer provides lawful reasons for the alleged discriminatory conduct, the union must then prove that but for the protected activity, the employer would not have taken the adverse action. Trustees of Forbes Library, 384 Mass. 559, 565-566 (1981). Dismissal (cont.)

City of Holyoke, 35 MLC 153, 156 (2009). Moreover, the lesson plan issue alone does not justify the overwhelmingly negative tone in all the evaluative documents issued by Ms. Lodowsky to Ms. Cogan across all performance As explained at the investigation, the EAW only asserted that the negative evaluation documents from SY20132014, the reprimand, and the warning were adverse actions in violation of 10(a)(3).

City of Holyoke, 35 MLC 153, 156, MUP-04-4503 (January 9, 2009).

City of Holyoke, 35 MLC 153, 156, MUP-04-4503 (January 9, 2009). There is no dispute that Grace participated in protected, concerted activity when she raised concerns regarding training and unit work transfers, and that the City had knowledge of this activity. Further, there is no dispute that an involuntary transfer and the loss of a paid shift differential is an adverse action. The Union did not support its claim of unlawful motivation.

City of Holyoke, 35 MLC 153, 156 (2009). Here, the first two elements of the Unions prima facie case are undisputed. The Union then had the burden to show that the Employer took an adverse action against Walles. The Union alleges that, through Rego, the Employer told her not to turn administrative meetings into Union meetings.

City of Holyoke, 35 MLC 153, 156 (2009). Here, the first two elements of the Unions prima facie case are undisputed. The Union then had the burden to show that the Employer took an adverse action against After the meeting, Rego met with his supervisor, Powers, to discuss Walles comment about discussing Smiths retirement at the workplace. They agreed that Rego should speak with Walles about the matter.

City of Holyoke, 35 MLC 153, 156, MUP05-4503 (January 9, 2009). Once the charging party establishes a prima facie case, if the employer provides lawful reasons for the alleged discriminatory conduct, the charging party must then prove that but for the protected activity, the employer would not have taken the adverse action. Trustees of Forbes Library v. Labor Relations Commission, 384 Mass. 559, 565-566, MUP-2394 (1981). a.

City of Holyoke, 35 MLC 153, 156, MUP-05-4503 (January 9, 2009). Once the charging party establishes a prima facie case, if the employer provides lawful reasons for the alleged discriminatory conduct, the charging party must then prove that but for the protected activity, the employer would not have taken the adverse action. Trustees of Forbes Library, 284 Mass. 559, 565-566 (1981).