Town ofWinchester, 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). The tense relationship between Churchill and Gilbert was an issue for the DPW long before the Union filed an unfair labor practice charge on Churchill's behalf in July 2013.
(citing Town ofWinchester, 19 MLC 1591, 1596-97, MUP-7514 (Dec. 22, 1992)). The Commonwealth Employment Relations Board (Board) does not analyze the motivation behind the conduct, Town of Chelmsford, 8 MLC 1913, 1916, MUP4620 (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.
Town ofWinchester, 19 MLC 1591 (1992); Town of Bolton, 32 MLC 20 (2005). Considering Pixleys statement within the tone and context of its utterance, it is clear that Respondents actions have not violated section 10(a)(1) of the law. During a labor management meeting, Pixley stated that she was concerned about an employee who complained of the way she was treated during a union meeting.
Quincy School Committee, 27 MLC 83, 91 (2000), citing, Town of Athol, 25 MLC 208, 212 (1999); Town ofWinchester, 19 MLC 1591, 1595 (1992). Absent a showing of animus, an employer may still violate the Law, if it discharges or takes other adverse action against an employee while he or she is engaging in protected activity, provided that the employee's own conduct does not remove him or her from the Law's protection.
Town ofWinchester, MLC 1591, 1596, MUP-7514 (December 22, 1992). The Commonwealth Employment Relations Board (CERB) does not analyze the motivation behind the conduct, Chelmsford, 19 Town of 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. Groton-Dunstable MLC 1551, 1555-1556, MUP-6748 (March 20, 1989).
Town ofWinchester, 19 MLC 1591, 1596, 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), affd 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, 91, 14 MUP-1986 (December 29, 2000); Town of Athol, 25 MLC 208, 212, MUP-1448 (June 11, 15 1999); Town ofWinchester, 19 MLC 1591, 1595, MUP-7514 (December 12,1992); 16 Groton-Dunstable Regional School Committee, 15 MLC 1551, 1555, MUP-6748 (March 17 20, 1989). The focus of a Section 10(a)(1) analysis is the effect of the employers conduct 18 on reasonable employees exercise of their Section 2 rights.
Contrast, Town ofWinchester, 19 MLC 1591, 1596, MUP-7514 (Dec. 12, 1992) (CERB held that union officials who drafted and distributed letters to make the public aware of concerns about certain working conditions were engaged in concerted, protected activity). Consequently, without more evidence, the Union and the individual Charging Parties are unable to satisfy their prima facie cases on this issue.
Contrast, Town ofWinchester, 19 MLC 1591, 1596, MUP-7514 (Dec. 12, 1992) (CERB held that union officials who drafted and distributed letters to make the public aware of concerns about certain working conditions were engaged in concerted, protected activity). Consequently, without more evidence, the Union and the individual Charging Parties are unable to satisfy their prima facie cases on this issue.
Contrast, Town ofWinchester, 19 MLC 1591, 1596, MUP-7514 (Dec. 12, 1992) (CERB held that union officials who drafted and distributed letters to make the public aware of concerns about certain working conditions were engaged in concerted, protected activity). Consequently, without more evidence, the Union and the individual Charging Parties are unable to satisfy their prima facie cases on this issue.
Furthermore, the rulings that the investigator cites to, Quincy School Committee, 27 MLC 83, 91, MUP-1986 (December 29, 2000); Town of Athol, 25 MLC 208, 212, MUP-1448 (June 11, 1999); Town ofWinchester, 19 MLC 1591, 1595, MUP-7514 (December 12, 1992); Groton-Dunstable Regional School Committee, 15 MLC 1551, 1555, MUP-6748 (March 20, 1989), involved employees bringing claims under their rights guaranteed under Section 2.