Decision (cont'd) MUP-08-5361 to grant employee professional teacher status and renew her contract was a form of adverse action); see also Suffolk County Sheriffs Department, 27 MLC 155, 159 (2001) (employer's failure to consider employee for favorable and prestigious assignment constituted adverse action). 4.

Suffolk County Sheriff's Department, 30 MLC 1, 6, MUP-2630 and MUP-2747 (August 19, 2003). If the evidence is insufficient to support the finding of an agreement, or if the parties hold differing good faith interpretations of the language at issue, then the Board will conclude that no repudiation has occurred. Id.

Suffolk County Sheriff Department, 27 MLC 155, 159 (2001). The employers burden to produce a legitimate reason goes beyond stating an unsubstantiated allegation. Commonwealth of Massachusetts, 25 MLC 44, 46 (1998). The employer must state a lawful reason for its decision and produce supporting facts indicating that the proffered reason was actually a motive in the decision. Trustees of Forbes Library, 384 Mass. At 566.

Suffolk County Sheriff's Department, 28 MLC 253, 259, MUP-2840 (January 30, 2002) (citations omitted). Here, there is no dispute that the interview was investigatory in nature or that Sgft. Ballinger reasonably believed the interview could result in discipline. Rather, the Union argues that the Town intentionally misled Sgt. Ballinger into believing that Union counsel was on her way to deny him his right to Union representation.

Suffolk County Sheriffs Department, 28 MLC 253, 259, MUP-2840 (January 30, 2002) (citations omitted). 2 A transcript of the interview was entered into evidence. The transcript indicates that the interview began at 1509 hours. | take administrative notice that this was 3:09 p.m. Corrected Complaint and Partial Dismissal (contd.) | MUP-16-5412 MUP-17-5782 Here, there is no dispute that the interview was investigatory in nature or that Sgt.

City of Boston, | 32 MLC 173 (2006).........cessccscessscessecessessnecenecessecsaeersseseneerssecssaecescseseeeneseseeceseecsasesaecenaes 13 City of Pittsfield, A MLC 1905 (1978)... .ccccesssesssccesscccesnecessasesssceevseeeesseecssaeeeseneceeeaeessseeeeenaesecanersneesenseesenas 14 Massachusetts State Lottery Commission, 22 MLC 1468 (1996) ......cccccsccsccssessseecsececseeesseessnsceaecesseesseessssesauecsaueseneesseeceaeessaeseaeersaeesas 11 Suffolk

See Town of Lenox, 29 MLC 51, 52 (2002) (statute of limitations began to when the Union was aware 32 that the Town was not making officer Decision (cont'd) MUP-11-6259 run on the date that the employer announced its decision to increase prescription drug co-payments, not on the date when the increase was actually implemented). do not find the Unions violation to be persuasive. argument that the Towns actions constituted Further, | a continuing In Suffolk

From 2007 until approximately 2012, Candidate 3 worked at the Suffolk County Sheriffs Department as a Corrections Officer. In or about 2011, Candidate 3s father passed away and his fathers employer offered to send Candidate 3 to an HVAC training program so that Candidate 3 could take over his fathers job. While in the certificate program, Candidate 3 worked for an oil services company for his wifes uncle.

Suffolk County Sheriff's Department, 30 MLC 1, 6, MUP-2630 (August 19, 2003). The CERB has long recognized that a meeting of the minds can occur without an agreement being reduced to writing or signed by either party.

Suffolk County Sheriffs Department, 28 MLC 253, 259 (2002) (citations omitted).

Suffolk County Sheriff Department, 27 MLC 155, 159 (2001). The employers burden to produce a legitimate reason goes beyond stating an unsubstantiated allegation. Commonwealth of Massachusetts, 25 MLC 44, 46 (1998). The employer must state a lawful reason for its decision and produce supporting facts indicating that the proffered reason was actually a motive in the decision. Trustees of Forbes Library, 384 Mass. At 566.

Suffolk County Sheriffs Department, 30 MLC 1, 6, MUP-2630, MUP-2747 (August 19, 2003). A significant piece of the April 11, 2016 tentative agreement concerned wage increases. There is no dispute that the parties discussed retroactive wage increases for all employees during negotiations. M.G.L. 150E, Section 1 defines an employee as any person .. . employed by a public employer.

Labor Relations Commission, 384 Mass. 559 (1981); Suffolk County Sheriffs Department, 27 MLC 155, 160, MUP-1498 (June 4, 2001).

Suffolk County Sheriffs Department, 27 MLC 2001). 155, 159, MUP-1498 (June 4, Circumstantial factors may include: the timing of the adverse action in relation to the protected activity, Town of Somerset, 1523, 1529, MUP-6404 15 MLC (March 9, 1989); the insubstantiality of the reasons given for the adverse action, Commonwealth of Massachusetts, 14 MLC 1743, 1749, SUP-3081 (May 19, 1988); and the employer's divergence from longstanding practices.

Suffolk County Sheriffs Department, 2001). 27 MLC 155, 159, MUP-1498 (June 4, Circumstantial factors may include: the timing of the adverse action in relation to the protected activity, Town of Somerset, 15 MLC 1523, 1529, MUP-6404 (March 9, 1989); the insubstantiality of the reasons given for the adverse action, Commonwealth of Massachusetts, 14 MLC 1743, 1749, SUP-3081 (May 19, 1988); and the employer's divergence from longstanding practices.