Town of Winchester, 19 MLC 1591, 1596, MUP-7514 (December 22, 1995). Rather, the focus of the inquiry is the effect of the employer's conduct on a reasonable employee. Boston School Committee, 39 MLC 366, MUP-09-5543 (June 6, 2013). 18 Complaint and Partial Dismissal (can't.)

(citing Town of Winchester, 19 MLC 1591, 1596-97, 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), affid sub nom. Complaint and Partial Dismissal (cont'd) SUP-16-5546 Town of Chelmsford v. Labor Relations Commission, 15 Mass. App. Ct. 1107 (1983), or whether the coercion succeeded or failed.

Town of Athol, 25 MLC 209, 212, MUP-1448 (June 11, 1999); Town of Winchester, 19 MLC 1591, 1595, MUP-7514 (December 22, 1992); GrotonDunstable Regional School Committee, 15 MLC 1551, 1555, MUP-6748 (1989).

Commonwealth of Massachusetts, 40 MLC at 299 (citing Town of Winchester, 19 MLC 1591, 1596-97, MUP-7514 (Dec. 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.

Town of Winchester, 19 MLC 1591, 1596, MUP-7514 (December 22, 1992). The CERB, however, has stated that cases involving unlawful motivation are appropriately analyzed under Section 10(a)(3) rather than under Section 10(a)(1). Town of Chelmsford, 8 MLC 1913, 1916, MUP-4620 (March 12, 1982).

Town of Winchester, 41 MLC 352, 353 (2015), dismissal aff'd by CERB in 42 MLC 332 (2016). The duty to bargain extends to both conditions of employment that are established through a past practice as well as conditions of employment that are established through a collective bargaining agreement. MLC 124, 131 (2015).

Bristol County sheriffs Department, 31 MLC at 15 (citing Town of Winchester, 19 MLC 1591, 1596, MUP-7514 (Dec. 22, 1992)). The CERB does not consider the employer's motivation for the conduct or whether the coercion succeeded or failed. Bristol County Sheriffs Department, 31 MLC at 15. It is not necessary that an employer's conduct actually restrain or coerce an employee in the exercise of his or her rights.

Quincy School Committee, 27 MLC 83, 91 (2000); Town of Athol, 25 MLC 209, 212 (1999); Town of Winchester, 19 MLC 1591, 1595 (1992); 1551, 1555 (1989).

Decision (cont'd) Town of Winchester, 19 MLC 1591, 1596 (1992).

Quincy School Committee, 27 MLC 83, 91, MUP-1986 (December 29, 2000); Town of Athol, 25 MLC 209, 212, MUP-1448 (June 6, 1999); Town of Winchester, 19 MLC 1591, 1595, MUP-7514 (December 22, 1992); Groton-Dunstable Regional School Committee, 15 MLC 1551, 1555, MUP-6748 (March 20, 1989). The Board has found expressions of employer anger, criticism, and ridicule directed at employee activities protected by Chapter 150E to be unlawful.