Cape Cod Regional Technical High School District Committee, 28 MLC 332, 336, MUP-2541 (May 15, 2002) {citing Town of Winchester, 19 MLC 1591, 1596, MUP-7514 (Dec. 22, 1992)).

Melrose School Committee, 33 MLC 61, 69, MUP-02-3549 (September 27, 2006) (citing Cape Cod Regional Technical High School District Committee, 332, 335, MUP-2541 (May 15, 2005)). 28 MLC Here, neither the substance or tone of Lavoies grievance response constitutes either direct or circumstantial evidence that the Citys conduct was motivated by a desire to penalize or discourage the employee's protected, concerted activity.

Decision (Contd) SUP-20-8208 1 Carver, 35 MLC at 48 (citing Melrose School Committee, 33 MLC 61, 69, MUP-02-3549 2 (September 27, 2006)); Lawrence School Committee, 33 MLC 90, MUP-02-3631 3 (December 13, 2006); Cape Cod Regional Technical High School District Committee, 28 4 MLC 332, 335, MUP-2541 (May 15, 2002). 5 Direct Evidence of Unlawful Motivation 6 The Union first argued that it established direct evidence of the Universitys 7 unlawful motivation

Several factors may suggest unlawful employer motivation, including timing of the alleged discriminatory act, triviality of reasons given by the employer, deviation from past practices, or expressions of hostility toward activity. an employer's a union or the protected Town of Carver, 35 MLC at 48; Cape Cod Regional Technical High School District Committee, 28 MLC 332, 335, MUP-2541 MUP-2100 (May 15, 2002); Bristol County, 26 MLC 105, 109, (Jan. 28

Town of Carver, 35 MLC at 48 (citing Melrose School Committee, 33 MLC 61, 69, MUP02-3549 (Sept. 27, 2006)); Cape Cod Regional Technical High School 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.

relation to the protected activity; triviality of reasons, or shifting and inconsistent reasons, given by the employer; disparate treatment; an employer's deviation from past practices; expressions of animus or hostility towards a union or the protected activity. or Town of Carver, 35 MLC at 48 (citing Melrose School Committee, 33 MLC 61, 69, MUP-02-3549 (September 27, 2006)); Lawrence School Committee, 33 MLC 90, MUP-02-3631 (December 13, 2006); Cape

Town of 17 Carver, 35 MLC at 48, MUP-03-3894 (June 30, 2008) (citing Melrose School Committee, 18 33 MLC 61, 69, MUP-02-3549 (September 27, 2006)); Lawrence School Committee, 33 19 MLC 90, MUP-02-3631 (December 13, 2006); Cape Cod Regional Technical High School 20 District Committee, 28 MLC 332, 335, MUP-2541 (May 15, 2002). 21 Direct Evidence of Unlawful Motivation 22 Vazquez first argued that she established direct evidence of the School 23 Committees

Decision (Contd) MUP-18-6704 1 (December 13, 2006); Cape Cod Regional Technical High School District Committee, 28 2 MLC 332, 335, MUP-2541 (May 15, 2002). 3 Direct Evidence of Unlawful Motivation 4 The Union first argues that it established direct evidence of the Citys unlawful 5 motivation. The Union asserted that Simoneau made anti-union statements concerning 6 Gutwill to Chief Thompson on March 31, 2016.

Town of Carver, 35 MLC at 48 (citing Melrose School Committee, 33 MLC 61, 69, MUP-02-3549 (September 27, 2006)); Cape Cod Regional Technical High School District Committee, 28 MLC 332, 335, MUP-2541 2002); Bristol County, 26 MLC 105, 109, MUP-2100 (January 28, 2000). (May 15, Because there is no direct evidence of unlawful motivation here, | will consider whether there is indirect evidence.

Town of Carver, 35 MLC District Committee, 28 MLC at 48; Cape Cod Regional Technical High School 332, 335, MUP-2541 (May 15, 2002); Bristol County, 26 MLC at 109; Town of Andover, 14 MLC 1582, MUP-6443 (H.O. March 3, 1988), aff'd 17 MLC 1475, 1482, MUP-6443 unlawful employer motivation. (Feb. 6, 1991). Timing alone is insufficient to establish City of Malden, 5 MLC 1752, 1764, MUP-3017 (March 20, 1979). Ms.