City of Holyoke, 35 MLC 153, 156, MUP-05-4503 (January 9, 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, MUP-04-4077 (May 20, 2009)(citing MacCormack v.

Commonwealth of Massachusetts, 28 MLC 351 (2002); Town of Dracut, 31 MLC 206 (2005). If the parties hold differing good faith interpretations of the language at issue, the DLR will not conclude that a repudiation has occurred. Commonwealth of Massachusetts, 36 MLC 65 (2009). If the contract language is ambiguous, the Board must examine applicable bargaining history to determine whether the parties reached an agreement.

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.

Many management 153, 156 (2009) (citing Town of Dracut, 25 MLC 1371, 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.

(Town of Dracut, 23 MLC 113, 114 (1996); City of Melrose, 22 MLC 1209, 1217 (1995); Town of Halifax, 20 MLC at 1323; Town of Bridgewater, 12 MLC at 1615-1616; Town of Reading, 9 MLC 1730, 1738 (1983); Town of Billerica, 8 MLC 1957, 1961 (1982); City of Newton, 4 MLC 1282, 1283-1284 (1977); Town of Danvers, 3 MLC at 1574).

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 management personnel decisionsthough possibly inconvenient or even undesirabledo not constitute adverse employment actions unless the charging party is materially 13 Complaint and Partial Dismissal (contd) MUP-22-9071 disadvantaged in some way.

Cityof Boston, 35 MLC 289, 291 (2009); Town of Dracut, 25 MLC 131, 133 (1999). The mere assignment of additional responsibilities, though possibly inconvenient or even undesirable, does not constitute zdverse employment action unless it materially disadvantages the affected employee in some way. City of Boston, 35 MLC 289, 291 (2009). A material problem arises. when objective aspects of the work environment are affected.

Commissioner of Massachusetts Department, 455 Mass. 783, 919 N.E.2d 1278 (2010) Town of Town of Needham, Town Of Dracut, MUP-345 (6/30/72) 13 MUPL-14 (7/1/71) 13 Town of South Town of Rockland, M.L.C. Hadley, Webster, Turners 16 Falls MUP-230 MUP-258 Fire Constitutional 24 1001 (1989) wuiecssseee 11, 12, (3/22/72) 13 (4/3/72) District, 4 M.L.C. 14 13 1658 (1977) crs 14 Provisions Const. Pt. 2, C. 1, Const. Amend. Art. 63, Const. Amend.

The City cites Town of Dracut 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.

See Town of Dracut, 25 MLC 10, 131, 133, MUP-1397 (February 17, 1999). (finding knowledge of concerted, protected activity of filing a grievance when employer executed a settlement agreement resolving that grievance). Adverse Action The CERB has consistently defined adverse action as an adverse personnel action, such as a suspension, discharge, involuntary transfer or reduction in supervisory authority.

Town of Dracut, MUP-9455 (1996). The warrant articles in question sought to staff each shift in the fire department at seven personnel per shift, that being two Lieutenants and five firefighters. TX-1/3. The petition did not propose to address staffing of an apparatus in response to a call, which can be a mandatory subject.