Hall, Esq. ua, Hall, Harvey & Walsh 25 Fletcher Street Chelmsford, MA 01824 978-250-4255 Dated: February 11, 2020 CERTIFICATE OF COMPLIANCE/SERVICE I, James P. Hall, Esq., hereby certify that a transmitted within fourteen (14) days after receipt true copy of the within document was eee Hall

The CERB does not analyze the motivation behind the conduct, Town of Chelmsford, 8 MLC 1913, 1916, MUP-4620 (March 12, 1982), affd sub 21 Dismissal (contd) MUP-22-9273 nom. Town of Chelmsford v. Labor Relations Commission, 15 Mass. App. Ct. 1107 (1983), or whether the coercion succeeded or failed. Groton-Dunstable Regional School Committee, 15 MLC 1551, 1555-56, MUP-6478 (March 20, 1989).

Town of Chelmsford, 8 MLC 1913, 1916 (1982). Violations also do not require that the Employer succeed in attempted coercion. Groton-Dunstable Regional School Committee, 15 MLC 1551, 1556 (1989). Instead, an employer violates 10(a)(1) when its action may reasonably be said to tend to interfere with, restrain, or coerce employees who are engaged in protected, concerted activity. 11 Town of Bolton, 32 MLC 13 (June 27, 2005).

The Commonwealth Employment Relations Board (CERB) does not analyze the motivation behind the conduct, Chelmsford, 19 Town of 8 MLC 1913, 1916, MUP-4620 (March 12, 1982), aff'd sub nom., Town of Chelmsford v. Labor Relations Commission, 15 Mass. App. Ct. 1107 (1983), or whether the coercion succeeded or failed. Groton-Dunstable MLC 1551, 1555-1556, MUP-6748 (March 20, 1989).

See, e.g., Town of Chelmsford, 8 MLC 1913 (1982); Mass. Board of Regents (Quinsigamond Community College), 8 MLC 1788 (H.O. 1982). Count I e Officer Warpula was removed from the media relations officer position in retaliation for her concerted, protected activities, in violation of G.L. c. 150E Sections 10(a)(3) and, derivatively, (1).

Fax Number | Labor Organization's Address (street and no., city/town, state, and zip code) 7 Technology Drive, Suite 102, Chelmsford, MA 01863 978-453-2555 14. 16. Telephone Number Labor Organization's Representative's Name 15. 617-851-0984 smcardle@nepba.org Sean'R. McArdle 17.~ Email Address Labor Organization's Representative's Address (street, city/town, state, and zip code) 18. Fax Number 308 Victory Road, 3rd Floor, Quincy, MA 02171 19.

Chelmsford, MA 01863 Appearance for Respondent: Joseph Callanan, Esq. Elena Ben David, Esq. Town of Brookline 333 Washington Street Brookline, MA 02445 Commissioner: Christopher C.

The Town shall transmit such Union dues to the New England Benevolent Police Association, Inc., 227 Chelmsford St., Chelmsford, MA 01824 each month together with an alphabetical list of names of employees from whose wages such deductions have been made.

See,~' Town of Chelmsford, 8 MLC 1913, 1916-18, MUP-4620 (March 12, 1982), affd sub nom., Town of Chelmsford v. Labor Relations Commission, 15 Mass. App. Ct. 1107 (1983)." Even assuming she were correct that no action were taken to effectuate Respondent's threats, the threat independently violates the Law.

.:_, Town of Chelmsford, 8 MLC 1913, 1916-18, MUP4620 (March 12, 1982), aff'd sub nom. Town of Chelmsford v. Labor Relations Commission, 15 Mass. App. Ct. 1107 (1983). Here, there is no evidence that the Chief actually took action consistent with his threat to reclassify the bargaining unit and separate the firefighter and EMS positions.

Town of Chelmsford, 8 MLC 1913, 1916 (1982); affd sub. nom, Town of Chelmsford v. Labor Relations Commission, 15 Mass. App. Ct. 1107 (1983). The subjective impact of the employer's conduct is not determinative. City of Fitchburg, 22 MLC 1286, 1292, MUP-9843 (November 28, 1995).

Town of Chelmsford, 8 MLC 1913, 1916 (1982); affd sub. nom, Town of Chelmsford v. Labor Relations Commission, 15 Mass. App. Ct. 1107 (1983). The subjective impact of the employer's conduct is not determinative. City of Fitchburg, 22 MLC 1286, 1292, MUP-9843 (November 28, 1995).

Principal of Lee Signature and Title of Principal Representative of Other Party if Joint Petition If Petition is brought individually, | hereby state That i have caused a copy of this Petitionto be Served on the Principal Representative of the other - Party LES) Jointly [] Dete Date Sign of Principal Representative of Petitioning Party HEADQUARTERS ; BOSTON REGIONAL OFFICE . 308 Victory Road, 3 Floor 7 Technology Drive, Suite 102 : Quincy, MA 02171 Chelmsford

Town of Chelmsford,8 MLC 1913, 1916(1982). The DLR uses an objective test to determine the effect of an employer's conduct on employees' exercise of their statutory rights. The subjective impact of the employer's conduct on employees is not determinative. Town of Winchester, 19 MLC 1591, 1596 (1992).