City of Holyoke, 35 MLC 153, 156, MUP-05-4503 (Jan. 9, 2009) (citing Town of Dracut, 25 MLC 131, 133, MUP-1397 (Feb. 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. City of Boston, 35 MLC 289, 291, MUP-04-4077 (May 20, 2009) (citing MacCormack v. Boston Edison Co., 423 Mass. 652, 662 (1996)).

Sheriff of Worcester County, 27 MLC 103 (2001); Town of Dracut, 7 MLC 1342 (1980). Thus, the City committed an unfair labor practice charge in violation of G.L.c. 150E, Sections 10(a)(1) and (5) when it made the above-referenced changes without providing the Union with notice and an opportunity to bargain. Remedy sought: Cease and desist and make whole.

See e.q., City of Holyoke, 35 MLC 153, 156 (2009) (citing Town of Dracut, 25 MLC 131, 133 Therefore, the Union fails to establish a prima facie case of retaliation. (1999)). Accordingly, cause to believe that the Town violated Section 10(a)(3) of the Law in the manner alleged by the Union, and this portion of the Unions charge is dismissed.

See Sheriff of Worcester County, 27 MLC 103 (2001); Town of Dracut, 7 MLC 1342 (1980). Further, policies that provide for discipline and/or discharge of employees who violate them is also a mandatory subject of bargaining. See City of Lowell, 28 MLC 126 (2001); City of Peabody, 9 MLC 1447 (1982). Therefore, the Town violated Section 10(a)(5), and derivatively Section 10(a)(1), when it implemented this new dress code requirement, made Mr.

City of Holyoke, 35 MLC 153, 156 (2009)(citing Town of Dracut, 25 MLC 131, 133 (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 (2009)(citing MacCormack v.

City of Holyoke, 35 MLC MLC 131, 133 (1999). 153, 156 (2009) (citing Town of Dracut, 25 Further, Mr. Coronite does not allege, nor can he, that Massports alleged micromanaging was punitive. See also City of Peabody, 28 MLC 281, 284 (2002)(letter that counseled a police officer on his job duties and responsibilities but was not punitive did not constitute an adverse action). Finally, Mr.

City of Holyoke, 35 MLC 153, 156 (2009) (citing Town of Dracut, 25 MLC 131, 133 (1999)). The mere 12 Complaint and Partial Dismissal cont'd. assignment of undesirable, does additional UP-12-2017 / UP-12-2339 responsibilities, not constitute an adverse though possibly employment inconvenient action unless or even it materially disadvantages the plaintiff in some way. MacCormack v.

Thus, in Town of Belmont, relying on Town of Dracut, the Board found that a selectman that did not sign a collective bargaining agreement did not violate the Law by speaking against a budget amendment as an individual town meeting member. . H.O. Decision (cont'd) individual town | meeting : members on related MUP-10-5831 funding issues. Therefore, Town_of Belmont is inapplicable to the facts of this case.

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)). The mere assignment of additional responsibilities, though possibly inconvenient or even undesirable, does not constitute an adverse employment action unless it materially disadvantages the plaintiff in some way. MacCormack v.

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)). Subjective feelings do not demonstrate that the action was adverse within the meaning of the Law. City of Holyoke, 35 MLC at 156. Rather, the CERB requires there be actual harm, in that the employee is materially disadvantaged. See City of Boston, 35 MLC 289, 291, MUP-04-4077 (May 20, 2009).

Town of Dracut, 25 MLC 131, 133, MUP-1937 (February 17, 1999). However, even though an adverse action occurred, there is insufficient evidence, direct or indirect, to establish that the School District terminated Settino in response to any concerted, protected activity.