McKenzie returned from his FMLA Reilly in the Housing Suffolk County Sheriffs Department, Captain leave on November 16, 2006, the DOC employed position and consequently assigned McKenzie temporary position of assisting the ACA Coordinator with audit preparations. of the ACA audit, the Employer chose When not to return McKenzie to the At the end to a day shift position.

To achieve a meeting terms of the agreement. minds, the parties must manifest an assent to the Suffolk County Sheriffs Department, 30 MLC 1, 6 (2003). of the 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.

Finally, Sennott has not established that the Unions conduct as alleged in Counts |, Il and Ill of his prohibited practice charge constitutes a continuing violation. see Suffolk County Sheriffs Department, 27 MLC 1155, 1159 (2001) (employers conduct constituted a continuing violation, because those actions had the effect of punishing a bargaining unit member on a day-to-day basis for engaging in concerted, protected activity).

Suffolk County Sheriffs Department, 11 27 MLC 155, 159 (2001).

Suffolk County Sheriffs Department, 30 MLC at 6. 24 For H.O. Decision (cont'd) instance, MUP-08-5370 in City of Boston, 26 MLC 215, 217 (2000), the Board held that, absent evidence of specific words used by a party that caused the other partys representatives to believe there was agreement, there is no meeting of the minds.

Id., citing Suffolk County Sheriff's Department, 30 MLC City of Boston/Boston Public Library, 26 MLC 215, 216-217 (2000). 1, 6 (2003); If there is no agreement with respect to the terms of an agreement, then no agreement exists.

Suffolk County Sheriff Department, 27 MLC 155, 159 (2001). The employer's burden to produce a legitimate reason goes beyond "stating an unsubstantiated allegation." Commonwealth of Massachusetts, 25 MLC 44, 46 (1998). The employer "must state a lawful reason for its decision and produce 10 supporting facts indicating that the proffered reason was actually a motive in the decision." Trustees of Forbes Library, 384 Mass. At 566.

Suffolk County Sheriff Department, 27 MLC 155, 159 (2001). The employers burden to produce a legitimate reason goes beyond stating an unsubstantiated allegation. Commonwealth of Massachusetts, 25 MLC 44, 46 (1998). The employer must state a lawful reason for its decision and produce supporting facts indicating that the proffered reason was actually a motive in the decision. Trustees of Forbes Library, 384 Mass. At 566.

177)), the public safety priorities for the deployment of police officers (see City of Boston, 32 MLC 4, MUP-2749 and 01-2892 (June 24, 2005)), the integrity of police officers (see Town of Ayer, 9 MLC 1376, MUP-4829 (October 26, 1982), aff'd sub nom., Local 346, Int'l Brotherhood of Police Officers, 391 Mass. 429)), and the safety and security of a prison and the primary function of correctional officers as the care and custody of inmates (see Suffolk

of 177)), the public safety priorities for the deployment of police officers (see City of Boston, 32 MLC 4, MUP-2749 integrity of police officers (see Town of Ayer, and 01-2892 9 MLC (June 24, 2005)), the 1376, MUP-4829 (October 26, 1982), affd sub nom., Local 346, Int'l Brotherhood of Police Officers, 391 Mass. 429)), and the safety and security of a prison and the primary function of correctional officers as the care and custody of inmates (see Suffolk

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 and MUP- 2747 (August 19, 2003). If the evidence is insufficient to support the finding of an agreement, or if the parties hold differing good faith interpretations of the language at issue, then the Board will conclude that no repudiation has occurred. Id.