Town of Dennis, 29 MLC 79, 83 (2002); Town of Athol, 25 MLC 208, 211 (1999); Town of Clinton, 12 MLC 1361, 1365 (1985). 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).

Town of Dennis, 29 MLC 79, 83 (2002). South Middlesex Regional Vocational Technical School District, 26 MLC 51 (1991). Town of Clinton, 12 MLC 1361, 1364 (1985). To satisfy the first prong of a Section 10(a) (4) case, the union must establish that the employee signed or filed an affidavit, petition or complaint or gave information or testimony as part of a DLR proceeding.

Labor Relations Commn, 386 Mass. 414 (1982); Town of Dennis, 29 MLC 79, 83 (2001).

Ct. 926 (1992); Town of Dennis, 26 MLC 203 (2000). | do not reach the merits of this allegation because the alleged breach of the Unions duty of representation occurred in February 2012 when it declined to file a grievance, and the charge was filed on October 15, 2012, after the six-month limitation period. Therefore, | must dismiss this portion of the charge.

Town of Dennis, 3 MLC 1559, 1576-77 (Department analyzed procedure where firefighters were asked to submit more information on their time slips as potential de minimis alteration in working conditions). Generally, the Board will not find an unlawful change to employees' terms and conditions of employment where the action complained of is only a slight departure from what is normally required.

Ct. 926 (1992); Town of Dennis, 26 MLC 203 (2000). Lewis alleged that her difficulties with Morris and South occurred in October and November 2012, but she did not file her charge until August 2, 2013, beyond the six (6) month period of limitation. Lewis did not present evidence or otherwise establish good cause for the late filing.

Ct. 926 (1992); Town of Dennis, 26 MLC 203 (2000). The six-month period of limitations begins to run when the adversely affected party receives actual or constructive notice of the alleged violation. Town of Lenox, 29 MLC 51, 52 (2002). Here, the alleged Weingarten violation occurred in October 2012, but Lewis did not file her charge until August 2, 2013, beyond the six (6) month period of limitation.

Ct. 926 (1992); Town of Lenox, 29 MLC 51, 52, MUP-01-3214 (Sept. 5, 2002) (citing Town of Dennis, 26 MLC 203, 205, MUP-1868 (April 21, 2000)). Officer Bacon argues that the Union first breached its duty to represent him when it coerced him into signing the Last Chance Agreement on August 15, 2015.

In Town of Dennis & International Brotherhood of Police Officers, Case No.: MUP-5247 (June 21, 1985), the DLR ruled as follows: Turning now to the facts of the instant case, we believe that the Town's decision to discontinue providing private police details at liquor serving establishments is the kind of level of services decision that lies within the exclusive prerogative of management and, as such, is not a mandatory subject of bargaining.

Jd. at 52, citing Town of Dennis, 26 MLC 203 (2000). Here, the Charging Party knew or should have known on January 5, 2009, that the Union had denied her request to seek that her position be reinstated in the bargaining unit represented by SENA. Thereafter, she knew or should have known that the Union denied her subsequent request on or around August 26, 2010.