Suffolk County Sheriff's Department, 28 MLC 253, 259 (2002); Millis School Committee, 23 MLC 99, 100 (1996); Blue Hills Regional School Committee, 3 MLC 1613 (1977). reasons. employer's violates First, the an Direct dealing is impermissible for at least two direct dealing with employees employee organizations statutory right to employees who selected it to serve their Employees International Union, AFL-CIO, have 431 Mass. 710 (2000).

See also Suffolk County Sheriffs Department, starts to run on date program 29 MLC affecting 21 (2002) overtime calculations efforts to correct program); Town started when change (limitations period implemented, of Middleboro, implemented, not 19 MLC subsequently, notwithstanding computer employer's at 1202 (limitations period when board of selectmen rescinded an earlier directive to undo initial change).

MLC 155, 159 (2001). action in relation Suffolk County Sheriffs Department, 27 The circumstantial factors may include: the timing of the adverse to the protected Town activity, of Somerset, 15 MLC 1523, 1529 (1989); the insubstantiality of the reasons given for the adverse action, Commonwealth of Massachusetts, 14 MLC 1743, 1749 (1988); or the employer's divergence from longstanding practices, Everett Housing Authority, 13 MLC 1001, 1006 (1986).

Suffolk County Sheriffs Department, 30 MLC 1, 6, MUP-2630, MUP-2747 (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.

Id., citing Suffolk County Sheriff's Department, 30 MLC 1, 6 (2003); City of Boston/Boston Public Library, 26 MLC 215, 216-217 (2000). If the evidence is insufficient to find an agreement concerning the issue in dispute or if the parties hold differing, good faith interpretations of the terms at issue, the Board will find no violation of the Law.

City of Holyoke, 38 MLC at 156; Town of Carver, 35 MLC 29, 48 MUP- 03-3894 (June 30, 2008) (citing Town of Brookfield, 28 MLC at 327-28); Suffolk County Sheriff's Department, 27 MLC 155, 159, MUP-1498 (June 4, 2001). suggest unlawful motivation, Several factors may such as: the timing of the alleged discriminatory act in relation to the protected activity; the triviality of reasons given by the employer; shifting or inconsistent reasons given by the

Suffolk County Sheriffs Department, 27 MLC 155, 159, MUP-1498 (June 4, 2001).

Suffolk County Sheriffs Department, 29 MLC 63, MUP-01-2979 (October 9, 2002) (citing Commonwealth of Massachusetts, 21 MLC at 1503). Without any initial showing of why the minutes pertaining to other bargaining units are necessary, I do not find that the Town had a duty to produce the information. 40 H.O.

Suffolk County Sheriffs Department, 30 MLC 1, 6, MUP-2630, 2747 (August 19, 2003). Upon review, the facts before me do not show that the parties agreed that the City would use The parties attended a meeting on June 28, 22 a private vendor to clean the Main Library. 23 2013 at which they discussed the Citys proposed 24 reorganization of the custodians. H.O.

Saugus School Comm., MUP-06-4765, 2008 WL 5395597 (May 28, 2008) (citations omitted) (citing Suffolk County Sheriff's Department, 28 MLC 253, 259 (2002)). 30. To meet its burden in this case, the Union must demonstrate that the Town has dealt directly with bargaining unit members concerning a mandatory subject of bargaining to the exclusion of the Union. See City of Pittsfield, 33 MLC 167, 168 (2007).

Saugus School Comm., MUP-06-4765, 2008 WL 5395597 (May 28, 2008) (citations omitted) (citing Suffolk County Sheriff's Department, 28 MLC 253, 259 (2002)). 30. To meet its burden in this case, the Union must demonstrate that the Town has dealt directly with bargaining unit members concerning a mandatory subject of bargaining to the exclusion of the Union. See City of Pittsfield, 33 MLC 167, 168 (2007).

Suffolk County Sheriffs Department, 27 MLC 155, 160, MUP-1498 (June 4, 2001); Quincy School Committee, 27 MLC 83, 92, MUP-1986 (December 29, 2000). The charging party bears the burden of proving that, but for the protected activity, the employer would not have taken the adverse action. Athol-Royalston Regional School Committee, 28 MLC 204, 214, MUP-2279 (January 14, 2002); Town of Athol, 25 MLC 208, 211, MUP-1448 (June 6, 1999).