January 30, Given 2010, Taylor's disciplinary history involving negative interactions with other employees, and the recent incident with Ortiz, a reasonable person would have believed, discipline might result from the meeting with Gallo OConnell. as Taylor did, that See generally Suffolk County Sheriff's Department, 28 MLC at 260 (despite employers assurances that it was not looking to discipline anyone, employees belief that discipline could result

January 30, not Taylor Given 2010, Gallo Taylor's disciplinary history involving negative interactions with other employees, and the recent incident with Ortiz, discipline might a reasonable result from person the meeting would with have Gallo believed, OConnell. as Taylor See did, generally that Suffolk County Sheriff's Department, 28 MLC at 260 (despite employers assurances that it was not looking to discipline anyone, employees belief that discipline

Suffolk County Sheriff's Department, 28 MLC 253, 258-259 (2002); Millis School Committee, 23 MLC 99, 100 (1996); Blue Hills Regional School Committee, 3 MLC 1613 (1977). An employers direct dealing with employees in the bargaining unit violates the employee organization statutory right to speak exclusively for the employees who have selected it to serve as their sole representative. Service Employees International Union v.

Suffolk County Sheriff's Department, 28 6 MLC 253, 259, MUP-2840 (January 30, 2002) (citing SEIU. Local 509, 431 Mass. 710 7 (2000)). Second, direct dealing undermines the employees' belief that the union actually 8 possesses the power of exclusive representation to which the statute entitles it. !d.:. 9 In Frick.

Suffolk County Sheriffs Department, 28 MLC 253, 259, MUP-2840 (January 30, 2002) (citing SEIU, Local 509, 431 Mass. 710 (2000)). Second, direct dealing undermines the employees belief that the union actually possesses the power of exclusive representation to which the statute entitles it. Id.

Suffolk County Sheriffs Department, 30 MLC 1, MUP-2630, MUP-2747 (Aug. 19, 2003); City of Boston, 26 MLC at 217. If the language of the agreement is ambiguous, the Board looks to the parties bargaining history to determine whether there was an agreement. City of Waltham, 25 MLC 59, 60, MUP-1427 (Sept. 8, 1998). The investigative record does not contain any evidence of the parties bargaining history regarding Article 14 of the CBA.

Suffolk County Sheriffs Department, 30 MLC 1, MUP-2630, MUP-2747 (Aug. 19, 2003); City of Boston, 26 MLC at 217. If the language of the agreement is ambiguous, the Board looks to the parties bargaining history to determine whether there was an agreement. City of Waltham, 25 MLC 59, 60, MUP-1427 (Sept. 8, 1998). The investigative record does not contain any evidence of the parties bargaining history regarding Article 14 of the CBA.

Suffolk County Sheriffs Department, 27 MLC 155, 159 (June 4, 2001). In determining whether oral or written or statements that are critical of an employees actions constitute adverse action for purposes of a Section 10(a)(3) analysis, the CERB examines whether the statement warns of future adverse action. See City of Peabody, 28 MLC 281, 284, MUP-2162 (March 6, 2002).

Suffolk County Sheriff's Department, 30 MLC 1, 6 (2003) citing Town of Ipswich v. Labor Relations Commission, 21 Mass.App.Ct. 1113 (1986). To achieve a meeting of the minds, parties must manifest an assent to the terms of the agreement. Id.

Compare Suffolk County Sheriffs Department, 30 MLC at 6 (promoting unit members on a temporary basis consistent with the parties oral agreement), and City of Everett, 26 MLC 25, 28, MUP-1452 verbal warning consistent with oral agreement).

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.

Suffolk County Sheriffs Department, 30 MLC 1, 16 6, MUP-2630 (August 19, 2003). The CERB has long recognized that a meeting of the 17 minds can occur without anything having been reduced to writing or having been signed 18 by either party.

Suffolk County Sheriffs Department, 30 MLC 1, 16 6, MUP-2630 (August 19, 2003). The CERB has long recognized that a meeting of the 17 minds can occur without anything having been reduced to writing or having been signed 18 by either party.

Suffolk County Sheriffs Department, 30 MLC 1, 16 6, MUP-2630 (August 19, 2003). The CERB has long recognized that a meeting of the 17 minds can occur without anything having been reduced to writing or having been signed 18 by either party.

City of Holyoke, 35 MLC at 156; Suffolk County Sheriffs Department, 27 MLC 155, 159, MUP-1498 (June 4, 2001).

He is and has been for many years a correction officer at the Suffolk County Sheriffs Department. He has had experience working with female inmates. (Testimony of the Appellant; Decision on Motions for Summary Decisions (Decisions on Motions)) 2.