Town of Carver, 35 MLC at 48 (citing Melrose School Committee, 33 MLC 61, 69, MUP-02-3549 (Sept. 27, 2006)); Cape CodRegionalTechnicalHighSchool District Committee, 28 MLC at 335; Bristol County, 26 MLC 105, 109, MUP-2100 (Jan. 28, 2000); Town of Andover, 14 MLC 1582, MUP-6443 (H.O. March 3, 1988), affd 17 MLC 1475, 1482, MUP-6443 (Feb. 6, 1991). Timing alone is insufficient to establish that the employer was unlawfully motivated.
Decision (cont'd) SUP-08-5451 Union as the exclusive representative); see also Cape CodRegionalTechnicalHighSchool District Committee, 28, MLC 332 (2002). McKinnon made numerous inquiries on his Horsmans behalf investigations. regarding the status of complaints and corresponding At McKinnons request, the Union and the Commonwealth met twice on February 26, 2008 and March 27, 2008 to discuss Horsmans complaints.
Town of Carver, 35 MLC at 48, citing, Melrose School Committee, 33 MLC 61, 69, MUP-02-3549 (September 27, 2006); Cape CodRegionalTechnicalHighSchool District Committee, 28 MLC 332, 335, MUP- The School Committee does not concede that Dababnehs reassignment was an involuntary transfer, and also maintains its contractual right to transfer paraeducators involuntarily. Dismissal cont'd 2541 (May motivation. 15, MUP-14-3610 2002).
See Order, p. 7, See Cape CodRegionalTechnicalHighSchool District Committee, 28 MLC at 332, 336 (MUP-2541 (May 15, 2002). The Association argues that the Citys refusal to meet on a Step 2 grievance, and then bumping McGrath to a Traffic Bureau position as a result of allowing Officer Johnsons grievance, were sufficient to chill McGraths protected activity and establish probable cause for a violation under Section 10(a)(1).
Cape CodRegionalTechnicalHighSchool District Committee, 28 MLC 332, 335 (1992). DCR suspended and transferred Mr. Cefalo based on the incidents that occurred on July 18" and July22nd. Mr. Cefalos aggressive behavior toward his supervisor, Mr. Morin on July 18" and J uly 22" created an environment that was hostile and made Mr. Morin fearful of working with Mr. Cefalo. His tone, language, and constant yelling at a supervisor made not only Mr.
Town of Carver, 35 MLC at 48 (citing Melrose School Committee, 33 MLC 61, 69, MUP02-3549 (Sept. 27, 2006)); Cape CodRegionalTechnicalHighSchool District Committee, 28 MLC at 335; Bristol County, 26 MLC 105, 109, MUP-2100 (Jan. 28, 2000); Town of Andover, 14 MLC 1582, MUP-6443 (H.O. March 3, 1988), affd 17 MLC 1475, 1482, MUP6443 (Feb. 6, 1991). Timing alone is insufficient to establish that the employer was unlawfully motivated.
Cape CodRegionalTechnicalHighSchool District Committee, 28 MLC 332, 335 (1992); Bristol County, 26 MLC 105, 109 (2000). In this case the Union did not present any direct evidence ofretaliatory animus and the only indirect evidenced proffered by the Union is timing of the events at issue. In contrast, DDS has significant evidence to demonstrate that it had legitimate, non-discriminatory reasons for the actions it took.