Suffolk County Sheriffs Department, 27 MLC 155, 159, MUP-1498 (June 4, 2001).

See generally, Suffolk County Sheriff's Department, 27 MLC 155, 159, MUP-1498 (June 4, 2001) (employer's failure to consider employee for favorable and prestigious assignment constituted adverse action). The Union presented sufficient evidence to fulfill the third prong of its prima facie case for the two alleged actions described above.

Suffolk County Sheriff's Department, 27 MLC 155, MUP-1498 (June 4, 2001).

Suffolk County Sheriffs Department, 30 MLC 1, 6, MUP-2630 and MUP2747 (August 19, 2003). If the evidence is insufficient to support the finding of an agreement, or if the parties hold differing good faith interpretations of the language at issue, then the Board will conclude that no repudiation has occurred. Id. Here, the Union did not provide evidence that an agreement was in place.

Suffolk County Sheriffs Department, 30 MLC 1, MUP-2630, MUP-2747 (Aug. 19, 2003); City of Boston, 26 MLC at 217. If the language of the agreement is ambiguous, the CERB looks to the parties bargaining history to determine whether there was an agreement. City of Waltham, 25 MLC 59, 60, MUP-1427 (Sept. 8, 1998). I find no probable cause to believe that the University repudiated the CBA.

Compare Suffolk County Sheriffs Department, 27 MLC 155, 159, MUP-1498 (June 4, 2001) (employer's refusal each day to place an employee in a specialized work assignment had the effect of punishing him on a day-to-day basis for engaging in concerted, protected activity).

In Suffolk County Sheriffs Department, the Board affirmed that unscheduled overtime is not a term or condition of employment obligating the employer to bargain. 39 MLC 100, SUP-09-5493, SUP-095496, (October 25, 2012). The facts do not support the assertion that the overtime shifts are available with any predictable regularity, or that custodians are guaranteed a certain number of hours or weekends.

Suffolk County Sheriff's Department, 27 MLC 1155, 1159, MUP-1498 (June 4, 2001) (employer's conduct constituted a continuing violation where it punished a bargaining unit member on a day-to-day basis for engaging in concerted, protected activity).

Suffolk County Sheriff's Department, 27 MLC 1155, 1159, MUP-1498 (June 4, 2001) (employer's conduct constituted a continuing violation where it punished a bargaining unit member on a day-to-day basis for engaging in concerted, protected activity).

Suffolk County Sheriff's Department, 27 MLC 1155, 1159, MUP-1498 (June 4, 2001) (employer's conduct constituted a continuing violation where it punished a bargaining unit member on a day-to-day basis for engaging in concerted, protected activity).