City of Holyoke, 35 MLC at 156 (citing Town of Dracut, 25 MLC 131, 133, MUP1397 (February 17, 1999)). Many management decisions, though possibly inconvenient or even undesirable, do not constitute adverse employment actions unless the charging party is materially disadvantaged in some way. See City of Boston, 35 MLC 289, 291, MUP-04-4077 (May 20, 2009)(citing MacCormack v.

See, Town of Dracut, 25 MLC 131, 133 (1999). Even assuming that this assignment constituted an adverse personnel action, the Union failed to provide any evidence that the Town did this in retaliation for protected activity. The parties agree that the other building maintainer, due to a personnel investigation, cannot be assigned to the Council on Aging location.

City of Boston, 35 MLC 289, 291 (2009); Town of Dracut, 25 MLC 131, 133 (1999). The University took adverse action against Mellone by refusing to reappoint her for the fall 2020 semester. Functionally, this means that the University terminated her employment. Therefore, the evidence establishes that Mellone suffered an adverse employment action. C.

City of 7 Boston, 35 MLC 289, 291, MUP-04-4077 (May 20, 2009); Town of Dracut, 25 MLC 131, 8 133, MUP-1397 (February 17, 1999). Many management decisions, though possibly 9 inconvenient or even undesirable, do not constitute adverse employment actions unless 10 the charging party is materially disadvantaged in some way. See City of Boston, 35 MLC 11 289, 291, MUP-04-4077 (May 20, 2009)(citing MacCormack v.

City of Holyoke, 35 MLC 153, 156 (2009) (citing Town of Dracut, 25 MLC 131, 133 (1999)). Many management decisions, though possibly inconvenient or even undesirable, do not constitute adverse employment actions unless the charging party is materially disadvantaged in some way. See City of Boston, 35 MLC 289, 291 (2009) (citing MacCormack v.

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)). Many 13 Notably, it appears at least one other DCE faculty memberElmarsafawyidentified her contractual injury as occurring when tentative appointments were first made on May 11, 2021, indicating that Gaskin was not alone in similarly dating his injury. 11 Dismissal (cont.)

Town of Dracut, 25 MLC 131, 133, MUP-1397 (February 17, 1999). Further, an employer's action that is punitive may fall within the parameters of adverse action. Suffolk County Sheriffs Department, 27 MLC 155, 159 (June 4, 2001).

Town of Dracut, 25 MLC 131, 133 (1999). An adverse employment action must materially disadvantage the affected employees in some way. City of Boston, 35 MLC 289, 291 (2009). Indeed there must be real harm and subjective feelings of disappointment and disillusionment will not suffice. City of Northampton, 2014 MLRC Lexis 30 (MUP-10-6073, June 16, 2014), citing, MacCormack v. Boston Edison Co., 423 Mass. 652 (1996).

Town of Dracut, 25 MLC 131, 133 (1999). An adverse employment action must materially disadvantage the affected employees in some way. City of Boston, 35 MLC 289, 291 (2009). Indeed there must be real harm and subjective feelings of disappointment and disillusionment will not suffice. City of Northampton, 2014 MLRC Lexis 30 (MUP-10-6073, June 16, 2014), citing, MacCormack v. Boston Edison Co., 423 Mass. 652 (1996)4.

See Town of Dracut, 25 MLC 131, 133, MUP-1397 (February 17, 1999) (not receiving the same benefit as other employees constitutes adverse action). For this claim, Baker has not established direct evidence of animus towards his protected activity. However, a charging party may offer circumstantial evidence of unlawful motivation and reasonable inferences drawn from that evidence, if there is no direct evidence.

City of Holyoke, 35 MLC 153, 156, MUP-05-4503 (January 9, 2009) (citing Town of Dracut, 25 MLC 131, 133, MUP-1397 (February 17, 1999)). Many management decisions, though possibly inconvenient or even undesirable, do not constitute adverse employment actions unless the charging party is materially disadvantaged in some way. See City of Boston, 35 MLC 289, 291, MUP-04-4077 (May 20, 2009)(citing MacCormack v.

Town of Dracut, 357 Mass. 492, 502 (1970), the Supreme Judicial Court held: The paramount concern of the chief in assigning his officers to their respective duties must be the interest and safety of the public, and, to some degree, the safety of the officers themselves, not the personal preference of each officer.