The Appellant, Armando Ortiz, Jr., is a 1999 high school graduate who resides in Fitchburg MA. He took and passed the civil service examination for CO-I on March 19, 2016 with a score of 95. (Exh.6; Stipulated Facts) 2. Mr.

City of Fitchburg, 22 MLC 1286, 1292 (1995). Activity protected by Section 2 of the Law can lose its protected status if it is unlawful, violent, in breach of contract in certain circumstances, disruptive or indefensibly disloyal to the employer. Town of Bolton, 32 MLC 13, 18 (2005). Similarly, conduct that is physically intimidating, egregious or disruptive of the employer's business is beyond the pale of protection.

City of Fitchburg, 22 MLC 1286 (1995). A finding of illegal motivation is not generally required. 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). Here, I do not find that the Citys wage reopener with the Superiors would chill a reasonable employee in the exercise of his or her rights.

City of Fitchburg, 22 MLC 1286 (1995). A finding of illegal motivation is not generally required. 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). Here, | do not find that the Citys wage reopener with the Superiors would chill a reasonable employee in the exercise of his or her rights.

Nunez resides in Fitchburg, MA. A 2010 graduate of Leominster High School, he has four children. (Testimony of Mr. Nunez & Ex. 3 R0008) 2. Mr. Nunez completed the Grafton Job Corps program. (Ex. 8 R0030) 3. From November 2017 through February 2018, Mr.

City of Fitchburg, 22 MLC 1286, 1292, MUP-9843 (November 28, 1995). Here, the Union is not able to establish its prima facie case. Chief Vasques conduct was consistent with his rights to make assignments, and his motivations in making such assignments would be viewed as legitimate by any reasonable person.

City of Cambridge, 30 MLC 31, 32 (2003) (finding that considerations of an employers motivation are irrelevant under Section 10(a)(1)); City of Fitchburg, 22 MLC 1286 (1995) (finding that the subjective effect on employees is not determinative under Section 10(a)(1)). Under the objective test, the CERB has found that an employers conduct can constitute a violation of Section 10(a)(1) even without an accompanying adverse employment action.

City of Fitchburg, 22 MLC 1286, 1292 (1995).

City of Fitchburg, 27 MCSR 106 (2014) (failure to make timely Commission appeal not excused due to mistaken belief that claim was arbitrable); Marqus v. City of Waltham, 23 MCSR 285 (2010) (Commission dismissed appeal one month late when appellant had union representation) In sum, Mr. Alstons claims that Brookline unlawfully removed him from administrative leave and/or placed him on no pay status must be dismissed as untimely.

no recourse but to practice and | am requestin l ona cti tru ins e rov imp sly of you by the responsibility is to continuou ties beyond those requested ili sib pon res and es rol l of the school commit to any additiona er will be sent at the end lett -up low fol A ds. nee dent principal in response to stu School Year. ct renewal for the FY13 tra con r you g min fir con r yea Respectfully, Executive Director Ce: Tricia May Personnel Folder ROAD, FITCHBURG

City of Fitchburg, 22 MLC 1286, 1292, MUP-9843 (November 28, 1995). : Here, it is important to note that | must analyze the objective impact that Rotas conduct would have on a reasonable employee under the circumstances. The meeting at issue concerned a disagreement between the Union and MassDOT about certain employees leave time after an extended period of litigation and settlement talks.