Suffolk County Sheriffs Department, 27 MLC 155, 159 (2001). Circumstantial factors may include: the timing of the adverse action in relation to the protected activity, the insubstantiality of the reasons given for the adverse action, the employers divergence from long-standing practice, or expressions of unlawful animus.

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

In the case of employees of the Suffolk county sheriff's department, employer shall mean the sheriff of Suffolk county or any individual who is designated by him to represent him or act in his interest in dealing with such employees. In the case of personal care attendants as defined in section 70 of chapter 118E, the employer shall mean the PCA quality home care workforce council or its designee as defined in section 71 of chapter 118E.

In the Matter of Suffolk County Sheriff's Department & AFSCME, the LRC held that the Sherriff's Department could unilaterally implement a policy banning all cell phone use at work because the managerial prerogative of ensuring jail officers were working distraction free so that they could respond to emergencies allowed outweighed the officers interest in using their cell phones at work. Suffolk Cnty.

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

Decision (contd) MUP-13-3085 Library, 384 at 565-66; Suffolk County Sheriffs Department, 27 MLC 155, 160, MUP- 1498 (June 4, 2001); Quincy School Committee, 27 MLC at 92. The Committee argues that it would have removed Ms.

Trustees of Forbes activity, the employer would the adverse Library, 384 at 565-66; Suffolk County Sheriffs Department, 27 MLC 155, 160, MUP- 1498 (June 4, 2001); Quincy School Committee, 27 MLC at 92. The Committee argues that it would have removed Ms. Pierces name from the faculty list, deleted her e-mail account from the User Directory and posted and filled the Wilbur School Paraprofessionals participation in ARB-12-2455. actions against Ms.

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

See Suffolk County Sheriff's Department, 27 MLC 155, 159, MUP-1498 (June 4, 8 2001) (employer's failure to consider employee for favorable and prestigious assignment 9 constituted adverse action); see also Town of Holbrook, 15 MLC at 1221 (sergeant's 10 permanent assignment to desk duty was punitive and constituted adverse action); see 11 also Boston City Hospital, 11 MLC at 1072 (an involuntary transfer to a less desirable 12 position constituted

Suffolk County Sheriff's Department, 29 MLC 63, 68 (2002). The relevance of the requested information must be determined by the circumstances that exist at the time the union makes the request, not by the circumstances that exist at the time an arbitrator finally vindicates the union's right to the requested information. City of Lynn, 27 MLC at 61, citing Providence and Mercy Hospitals v.

See also Suffolk County Sheriffs Department, 39 MLC 99, 100, SUP-095493/5496 (October 25, 2012) (no impact bargaining obligation where overtime shifts determined right before the start of the next shift based on staffing needs because overtime considered ad hoc and not regularly scheduled).

Id. at 565-566; Suffolk County Sheriffs Department, 27 MLC 155, 159, MUP-1498 (June 4, 2001). Prima Facie Case The Union did not establish a prima facie case of retaliation because, assuming it has established the first three elements, the evidence does not establish that the Towns adverse actions against Fay were unlawfully motivated.