City of Holyoke, 35 MLC 153, 156, MUP-05-4503 (January 9, 2009) (citing Town ofDracut, 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.
Town of Dracut, 357 Mass. 492, 502 (1970) (In making assignments the chief must exercise his own discretion and judgment as to the number, qualifications and identity of officers needed for particular situations at any given time.); Newton School Committee v.
Town of Dracut, 357 Mass. 492, 502 (1970) (In making assignments the chief must exercise his own discretion and judgment as to the number, qualifications and identity of officers needed for particular situations at any given time.); Newton School Committee v.
Town of Dracut, 357 Mass. 492, 502 (1970) (In making assignments the chief must exercise his own discretion and judgment as to the number, qualifications and identity of officers needed for particular situations at any given time.); Newton School Committee v.
Town of Dracut, 357 Mass. 492, 502 (1970) (In making assignments the chief must exercise his own discretion and judgment as to the number, qualifications and identity of officers needed for particular situations at any given time.); Newton School Committee v.
Town of Dracut, 357 Mass. 492, 502 (1970) (In making assignments the chief must exercise his own discretion and judgment as to the number, qualifications and identity of officers needed for particular situations at any given time.); Newton School Committee v.
Town of Dracut, 357 Mass. 492, 502 (1970) (In making assignments the chief must exercise his own discretion and judgment as to the number, qualifications and identity of officers needed for particular situations at any given time.); Newton School Committee v.
The City cites Town ofDracut and Dracut Firefighters Union, IAFF Local 2586, 97 Mass. App. Ct. 374 (2020) which holds that a public employers general management authority to perform its public functions is not delegable and thus any agreement on the matter is not enforceable. Here, the decision regarding a testing option is a non-delegable management right.
The City cites Town ofDracut and Dracut Firefighters Union, IAFF Local 2586, 97 Mass. App. Ct. 374 (2020) which holds that a public employers general management authority to perform its public functions is not delegable and thus any agreement on the matter is not enforceable. Here, the decision regarding a testing option is a non-delegable management right.
Holyoke, 35 MLC 153, 156 (2009) (citing Town ofDracut, 25 MLC City of 131, 133 (1999)). The mere assignment of additional responsibilities, though possibly inconvenient or even undesirable, does not constitute an adverse employment action unless it materially disadvantages the plaintiff in some way. MacCormack v.
City of Boston, 35 MLC 289 (2009); Town ofDracut, 25 MLC 131 (1999). Other actions that do not materially disadvantage the employee do not constitute adverse actions. City of Boston, 35 MLC 289. Similarly, subjective feelings of disappointment or disillusionment are not adverse actions. City of Holyoke, 35 MLC 153 (2009). Here, the Charging Party claims she was constructively discharged. As detailed above, she was not.
See Generally Athol-Royalston Regional School District, 25 MLC 28, MUP1506 (August 12, 1998) and Town ofDracut, 25 MLC 131, MUP-1397 (February 17, 1999). 39 H.O. Decision (cont'd) MUP-20-7800 MUP-20-7807 MUP-20-7808 MUP-20-7809 1 Next, the Charging Parties argue that their interactions with the State Police, 2 including providing statements, were all concerted, protected activity. I agree.
The subject of See Athol-Royalston Regional School District, 25 MLC, 28 (1998); Town ofDracut, 25 MLC. 131 (1999). The Charging Parties grievances included grievance of their notices of termination in August 2018. Refraining from filing grievances also protected activity since 2 specifically gives the employees the right to refrain from protected activity.
City of Boston, 35 MLC 289, 291 (2009); Town ofDracut, 25 MLC 131, 133 (1999). Ogaldez contends that detaching her with pay for nearly six months constitutes adverse action. Conversely, the Employer not adversely argues that Ogaldez was affected by the decision to detach her because she received her full pay and benefits. An adverse employment action must materially employee in some way.
City of Boston, 35 MLC 289, 291 (2009); Town ofDracut, 25 MLC (1999). 131, 133 Ogaldez contends that detaching her with pay for nearly six months constitutes Conversely, adverse action. the Employer argues that Ogaldez was not adversely affected by the decision to detach her because she received her full pay and benefits. An adverse employment action must materially employee in some way.