Commonwealth of Massachusetts, 40 MLC at 299 (citing Town of Winchester, 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 6 Complaint and Partial Dismissal (cont'd) SUP-22-9223 (1983), or whether the coercion succeeded or failed.

Town of Winchester, 19 MLC 1591, 1596, MUP-7514 (December 22, 1992). The CERB 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. Groton-Dunstable Regional School Committee, 15 MLC 1551, 1555-1556, MUP-6478 (March 20, 1989).

A finding of illegal motivation is not 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).

Town of Winchester, in conduct it engages that in the free exercise of their rights A finding of illegal motivation is (1995). City of Fitchburg, 22 MLC 1286 not generally required. when 1591, 1596 (1995). 19 MLC Rather, the focus of the inquiry is the effect of the employer's conduct on a reasonable employee.

Town of Winchester, 19 MLC at 1596. The Commonwealth Employment Relations Board (CERB) does not analyze either 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. GrotonDunstable Regional School Committee, 15 MLC 1551, 1555-1556, MUP-6748 (March 20, 1989).

Town of Winchester, 19 MLC 1591, 1596 (1995). Rather, the focus of the inquiry is the effect of the employers conduct on a reasonable employee. City of Boston, 20 MLC 1154, 1161 (1994). ' Ogaldez generally alleged that certain conduct addressed in this Partial Dismissal was violative of Section 10(a)(3) because it constituted retaliation for her complaints and for her protected class status as a black latina female.

Town of Winchester, 19 MLC 1591, 1597, n.9, MUP-7514 (December 22, 1992) (examining selectmens statements as a whole when determining whether a Section 10(a)(1) violation occurred).

Town of Winchester, 19 MLC 1591, 1597, n.9, MUP-7514 (December 22, 1992) (examining selectmens statements as a whole when determining whether a Section 10(a)(1) violation occurred). review, upon However, Kings comments contain expressions of anger and ridicule coupled with a threatening remark directed at Ogaldezs Committee, posting on 35 MLC a website complaints 199, 217, about constitutes unlawful criticism). to the Union MUP-04-4008 access to about

In Town of Winchester, the CERB found that the employer 11 the Winchester fire department did not violate Chapter 150E when it enforced a discretionary hair and grooming policy. Town of Winchester, 24 MLC 44, Case No. MUP-1548 (Dec. 4, 1997).

Quincy School Committee, 27 22 MLC 83, 91, MUP-1986 (December 29, 2000); Town of Athol, 25 MLC 208, 212, MUP- 23 1448 (June 6, 1999); Town of Winchester, 19 MLC 1591, 1595, MUP-7514 (December 24 22, 1992); Groton-Dunstable Regional School Committee, 15 MLC 1551, 1555, MUP- 25 6748 (March 20, 1989). The focus of a Section 10(a)(1) analysis is the effect of the 26 employers conduct on reasonable employees exercise of their Section 2 rights.

(citing Town of Winchester, 19 MLC 1591, 1596 (1992). In cases where an employer has inquired about employee activity relating to union matters, the issue of whether that inquiry violates 10(a)(1) turns on whether the employer has a legitimate reason for that inquiry, as opposed to merely an intent to harass, coerce, or interfere with the employees union activity.

(citing Town of Winchester, 19 MLC 1591, 1596 (1992). In cases where an employer has inquired about employee activity relating to union matters, the issue of whether that inquiry violates 10(a)(1) turns on whether the employer has a legitimate reason for that inquiry, as opposed to merely an intent to harass, coerce, or interfere with the employees union activity.

Commonwealth of Massachusetts, 40 MLC at 299 (citing Town of Winchester, 19 MLC 1591, 1596-97, MUP-7514 (December 22, 1992)). The Commonwealth Employment Relations Board (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.

Quincy School Committee, 27 MLC 83, MUP-1986 (December 29, 2000); Town of Bolton, 32 MLC 13, 42, MUP 01-3255 (June 27, 2005); Commonwealth of Massachusetts, 40 MLC 297, 308, SUP 12-1829 (April 2, 2014), (citing Town of Winchester, 19 MLC 1591, 1596, MUP-7514 (December 22, 1992)). An employer does not need to have anti-union motivation for their actions to constitute interference. Town_of Chelmsford, 8 MLC 1913, 1916, MUP-4620 (March 12, 1982).