City ofHolyoke, 35 MLC 153, 156 (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 not have taken the adverse action. Trustees of Forbes Library, 384 Mass. 559, 565-566 (1981).
City ofHolyoke, 35 MLC 153, 156, MUP-05-4503 (January 9, 2009). Once the Union establishes a prima facie case, if the Employer provides lawful reasons for the alleged discriminatory conduct, the Union must then prove that but for the protected activity, the employer would not have taken the adverse action. Trustees of Forbes Library, 384 Mass. 559, 565-566 (1981).
IBPO, LOCAL 388 (PATROL OFFICERS) AND CITY OFHOLYOKE REPORT OF TERMS OF SETTLEMENT A JLMC CASE NUMBER: _ 16-5557P Ss PARTIES: > | LABOR: Bob Dickson, National Rep.
City ofHolyoke, 35 MLC 153, 156, MUP-04-4503 (Jan. 9, 2009); Town of Carver, 35 MLC 29, 47, MUP-03-3094 (June 30, 2008); City of Boston, 35 MLC 289, 291, MUP-04-4077 (May 20, 2009); Town of Clinton, 12 MLC 1361, 1365, MUP-5659 (Nov. 9, 1985). 1. Locontos Leave Loconto argues that the Employer violated Section 10(a)(3) of the Law when it retaliated against him by placing him on involuntary, unpaid leave on February 27, 2018.
Reuss requested copies of records associated "to any investigation of an actual or suspected exposure of any persons to Salmonella" at Delaney House and Log Cabin, both located in the City ofHolyoke, from November 1, 2014 to the present. In his petition Mr. Reuss explains that his firm represents both Delaney House and Log Cabin.
City ofHolyoke, 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 7 Dismissal (Contd) SUP-19-7722 and SUP-20-7858 the protected activity, the employer would not have taken the adverse action.
City ofHolyoke, 35 MLC of Clinton, 12 MLC 153, 156 (2009), citing Town of Carver, 35 MLC 29, 47 (2008); Town 1361, 1365 (1985). In this matter, assuming arguendo that Captain Mangan engaged in protected activity, the Union is unable to establish the third or fourth elements required for a charging party to prove a prima facie case.
City ofHolyoke, 31 MCSR 24 (2018). Labeling a candidate as untruthful can be an inherently subjective determination that should be made only after a thorough, serious and uniform review that is mindful of the potentially career-ending consequences that such a conclusion has on candidates seeking a career in public safety. Dabene v. Boston Police Department, 31 MCSR 143 (2018). See Morley v.
City ofHolyoke, G-2134 Cotter, et.al v. City of Boston, et al., United States District Court of Massachusetts, Civil Action Number 99-1101, (Young, CJ). 12 Appointing Authorities are expected to exercise sound discretion when choosing individuals from a certified list of eligible candidates on a civil service list.
City ofHolyoke, 35 MLC 153, 156, MUP-04-4503 (Jan. 9, 2009). The Commonwealth Employment Relations Board (Board) 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)).