Suffolk County Sheriffs Department, 30 MLC 1, 6, MUP-2630, 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. Here, the Association failed to establish that the School Committee repudiated the parties ground rules.

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 Dismissal (Cont'd) MUPL-15-4316 parties hold differing good faith interpretations of the language at issue, then the CERB will conclude that no repudiation has occurred. Id.

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

AtholRoyalston School Committee, 28 MLC at 219 (eliminating department chairs discretion over certain funds and not consulting him regarding field trips constituted adverse action where CERB inferred that school principal engaged in the conduct to punish employee for complaining and filing grievances); Suffolk County Sheriffs Department, 27 MLC 155, 159, MUP-1498 (June 4, 2001) (inferring that employers decision not to assign employee to assignment

Id. at 565-566; Suffolk County Sheriff's Department, 27 MLC 155, 159, MUP-1498 (June 4, 2001). Ifa lawful cause would have led the employer to the same conclusion in the absence of protected activity, the employer will prevail. Southem Worcester County Regional Vocational Schoo! District v. Labor Relations Commission, 386 Mass. 414, 418-19 (1982) quoting Trustees of Forbes Library, 384 Mass. at 565-566.

Suffolk County Sheriff's 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).

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).

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.

Id. at 565-566; Suffolk County Sheriff's Department, 27 MLC 155, 159, MUP-1498 (June 4, 2001). Ifa lawful cause would have led the employer to the same conclusion in the absence of protected activity, the employer will prevail. Southern Worcester County Regional Vocational School District v. Labor Relations Commission, 386 Mass. 414, 418-19 (1982) quoting Trustees of Forbes Library, 384 Mass. at 565-566.

Suffolk County Sheriff's 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).

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.

See, e.g., Suffolk County Sheriff's Department, 27 MLC 155, 159 (2001) (employer's failure to consider employee for favorable and prestigious assignment constituted adverse action); Quincy School Committee, 27 MLC at 92 (principal's decision not to grant employee professional teacher status and renew her contract was a form of adverse action).

Suffolk County Sheriff's Department, 27 MI.C 155, 160 (2001). See The Union bears the burden of proving that, but-for the protected activity, the employer would not have taken 14 the adverse action. See Athol-Royalston Regional School Committee, 28 MLC 204, 214 (2002); Town of Athol, 25 MLC 208, 211 (1999). The Union cannot meet terminate Mr. Pineyro.

Trustees of Forbes Library, 384 at 565-566; Suffolk County Sheriffs Department, 27 MLC 155, 160 MUP-1498 (June 4, 2001); Quincy School Committee, 27 MLC at 92. The Union contends that but for engaging in protected activity, Pineyro would not have been terminated in April, 2012. | do not agree.

Compare, Suffolk County Sheriffs Department, 27 MLC 155, MUP-1498 (June 4, 2001) (Board finds continuing violation when employer's unlawful actions continued into period of limitations for filing a charge, and had the effect of punishing a unit member on a day-to-day basis for engaging in protected activity).