Boston, 35 MLC 289, 291 (2009); citing City of Holyoke, 35 MLC City of 153, 156 (2009). The Board has also decided that an employers action that is punitive may fall within the parameters of adverse action. See Suffolk County Sheriff's Department, 27 MLC 155, 159 (2001).

City of Holyoke, 74 Mass.App.Ct. 1128 (2009) (Rule 1:28); Selectmen of Brookline v. Smith, 58 Mass.App.Ct.813, 815 (2003); New Bedford v. Civil Service Commn, 6 Mass.App.Ct. 549, 551 (1978); Brandao v. Boston Police Dept, 32 MCSR 255 (2019), affd, Brandao v. Boston Police Dept, Suffolk C.A. No. 1984CV2606 (Sup.Ct. 2020) (Gordon, J.); Lydon v. Town of Stoughton, 32 MCSR 194 6 (2019); Cardarelli v. Medfield, 28 MCSR 22 (2015); Carriveau v.

01230 14-Nov-19 Greenfield 04-Dec-19 Greenfield MA 01301 03-Oct-19 Greenfield MA 01301 08-Oct-19 Greenfield, MA 01301 24-Oct-19 Groveland, MA 01834 26-Nov-19 Hadley, MA 01035 24-Oct-19 Hampton 17-Dec-19 Hampton,NH 03842 02-Oct-19 Harwich 20-Dec-19 Haverhill 09-Dec-19 Haverhill 17-Dec-19 Haverhill, MA 01832 15-Nov-19 Haverhill, Ma 01832 Hingham 19-Nov-19 04-Dec-19 Hingham 19-Dec-19 Hingham, MA. 02043 Holyoke 01-Nov-19 11-Dec-19 Holyoke 30-Dec-19 Holyoke

01930 ST. 84 Causeway Gloucester, Ma 01930 Street 74 Pleasant Granby, MA 01033 Street 312 Main Great Barrington, MA 01230 Street 45 Greenboro NowhereStreet 17 Colrain Greenfield MA 01301 Road 141 Mohawk Greenfield, MA 01301 Trail 26 Chapman Greenfield, MA 01301 Street 169 Ocean Hampton, NH 03842 Blvd 73 Ocean Blvd Hampton,NH 03842 755 Main St Haverhill, Ma 01830 27 Lafayette Haverhill, MA 01831 Square 576 Primrose Haverhill, MA. 01830 Street 37-39 Holyoke

City of Holyoke, 35 MLC 153, 156, MUP-05-4503 (January 9, 2009); Somerset School Committee, 41 MLC 335, 337, MUP-13-3085 (May 21, 2015). To support a claim of unlawful motivation, a charging party may proffer direct or indirect evidence of discrimination. Town of Carver, 35 MLC 29, 48, MUP-03-3894 (June 30, 2008).

City of Holyoke, 35 MLC 153, 156, MUP-05-4503 (January 9, 2009). A prima facie case under Section 10(a)(4) is similar, except that the concerted protected activity must include signing or filing an affidavit, petition or complaint or giving information or testimony as part of a DLR proceeding.

City of Holyoke, 35 MLC 153, 156 (2009). The Commonwealth Employment Relations Board (Board) has consistently defined adverse action as an adverse personnel action, such as a suspension, discharge, involuntary transfer or reduction in supervisory activity. City of Holyoke, 35 MLC 153, 156 (2009) (citing Town of Dracut, 25 MLC 131, 133 (1999)).

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 to have taken the adverse action. Trustees of Forbes Library, 384 Mass. 559, 565-566 (1981).

City of Holyoke, 35 MLC 153, 156 (2009). To demonstrate a prima facie case of a unilateral change under Section 10(a)(5), the Union must show: (1) the City changed an existing practice or instituted a new one; (2) affecting wages, hours, or other terms and conditions of employment; and (3) without providing the Union notice and an opportunity to negotiate over that action. Town of North Andover, | MLC 1103, 1106 (1974).

Edward Srednicki, Executive Secretary Commonwealth of Massachusetts Department of Labor Relations 19 Staniford Street, 1 Floor Boston, MA 02114 RE: City of Holyoke and Holyoke Fire Fighters, Local 1693 MUP-11-6319 Dear Mr. Srednicki: The Union hereby withdraws the above-referenced charge. Thank you for your assistance in this matter. Sincerely, Alfred Gordon ce: Lisa Ball, City Solicitor Timothy Leary, President, IAFF, Local 1693

REPORT OF TERMS OF SETTLEMENT JLMC CASE NUMBER: 11-26P BARGAINING AGENT PARTIES Attorney Lisa Ball MANAGEMENT: City of Holyoke LABOR: IBPO Local 388 Robert Dickson LEVEL OF JLMC INVOLVEMENT: Juris COMMITTEE MEMBERS ASSIGNED: Birks/Gibson FIELD INVESTIGATOR ASSIGNED: Sandi/Fulia PETITION RECEIVED: 11/4/10 FROM:Union JURISDICTION TAKEN: Yes DATE: 3/24/11 DATE REMOVED FROM AGENDA: 1/12/12 DURATION: 7/1/10 - 6/30/12 ECONOMIC CHANGES: 7/1/10; Step Inc.

City of Holyoke, 35 MLC 153, 156, MUP-05-4503 (January 9, 2009).7 The Commonwealth Employment Relations Board (CERB) has consistently defined adverse action as an adverse personnel action. 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)).

City of Holyoke, 35 MLC 153, 156, MUP-04-4503 (January 9, 2009). Here, there is no dispute that Fortier was engaged in the concerted, protected activity of attempting to organize workers and gain representation for the employees at the AMSA. The Union argues that the AMSA and Brucato knew of this activity based on the discussion of an article regarding unions in charter schools during their April 17 meeting.