[X ] an Gy if Yi Va o/, , State Director Date Sigfature and Title of Principal of Petitioning Party if Joint Petition Signature and Title of Principal Representative of Other Party state hereby | lly, if-Petition is brought individua That | have caused a copy of this Petition to be Served on the Principal Representative of the other -e Jointly [] Date = wd of Principal w/a 1 of Petitioning Party HEADQUARTERS BOSTON 7 Technology Drive, Suite 102 Chelmsford

Town of Chelmsford, 8 MLC 1913, 1916, MUP-4620 (March 12, 1982) 15 affd sub nom. Town of Chelmsford v. Labor Relations Commission, 15 Mass App. Ct. 16 1107 (1983). It also does not matter whether the coercion succeeded or failed. Groton- 17 Dunstable Regional School Committee, 15 MLC 1551, 1556, MUP-6748 (March 20, 18 1989). 19 Here, the Hearing Officer held that the Union had proven two of the Complaints 20 Section 10(a)(1) allegations.

Town of Chelmsford, 8 5 MLC 1913, 1916, MUP-4620 (March 12, 1982), affd sub nom, Town of Chelmsford v. 6 Labor Relations Commission, 15 Mass. App. Ct. 1107 (1983). Rather, the focus of a 7 Section 10(a)(1) inquiry is the objective effect that the employers conduct would have on 8 a reasonable employee. Id. The subjective impact that the employers conduct had on a 9 specific employee is not determinative of a violation.

Town of Chelmsford, 8 MLC 1913, 1916, MUP-4620 (March 12, 1982) 15 affd sub nom. Town of Chelmsford v. Labor Relations Commission, 15 Mass App. Ct. 16 1107 (1983). It also does not matter whether the coercion succeeded or failed. Groton- 17 Dunstable Regional School Committee, 15 MLC 1551, 1556, MUP-6748 (March 20, 18 1989). 19 Here, the Hearing Officer held that the Union had proven two of the Complaints 20 Section 10(a)(1) allegations.

Town of Chelmsford, 8 5 MLC 1913, 1916, MUP-4620 (March 12, 1982), affd sub nom, Town of Chelmsford v. 6 Labor Relations Commission, 15 Mass. App. Ct. 1107 (1983). Rather, the focus of a 7 Section 10(a)(1) inquiry is the objective effect that the employers conduct would have on 8 a reasonable employee. Id. The subjective impact that the employers conduct had on a 9 specific employee is not determinative of a violation.

Gallant & Ervin, LLC One Olde North Road, Ste. 103 Chelmsford, MA 01824 Appearance for Respondent: C. Michael Carlson, Esq. Assistant City Solicitor City of Lowell Law Department 375 Merrimack St., 3rd Floor Lowell, MA 01852 Commissioner: Cynthia Ittleman, Esq.1 DECISION On September 4, 2014, the Appellant, Patrick OBrien (Mr.

The Commonwealth Employee Relations Board (Board) does not analyze the motivation behind the conduct, Town of Chelmsford, 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 Regional School Committee, 15 MLC 1551, 1556, MUP-6748 (March 20, 1989).

Town of Chelmsford and Local 877, The Union presented factual evidence to support the 10(a)(1) charge at hearing orally and in writing. With respect to the 10(a)(3) charge, the Union also submitted written analysis that aligned to the facts to the elements of the 10(a)(3) allegation.

It is well established, however, that, when considering whether conduct violates Section 10(a)(1) of the Law, the CERB does not analyze an employer's motivation, Town of Chelmsford, 8 MLC 1913, 1916, MUP-4620 (March 12, 1982), affd sub nom., 15 Mass App. Ct. 1107 (1983), or whether the coercion has succeeded or failed.

See, e.g.., Town of Chelmsford v. Local 877, 8 MLC 1913 (March 12, 1982) (threatening repercussions for filing grievances). Here, the Charge contains no evidence that Nevulis threatened any employee during the LaborManagement meeting. To the contrary, Nevulis and Felix were focused on discussing the current tension in the Home and the negative effect it was having upon staff communication during pivotal moments such as shift changes.

Jason Smith Billerica Fire Department 18 Fenwick Street Chelmsford, MA 01824 Dear Lt. Smith: Thank you for your interest in advancing to the position of Temporary Captain in the Billerica Fire Department. After careful consideration and review of all pertinent information, J have selected a candidate appointed below your name in certification number BIL-17- 0621.

ARTICLE 15 DUES DEDUCTIONS Section 1: The Town agrees to deduct Union dues from the employees who have signed membership form and who have authorized such deductions in writing and mail said dues with a list of employees from whom dues have been deducted to: J-U.P.E., Local 140, 7 Technology Drive, Chelmsford, MA 01824 Section 2: All employees covered by this Agreement those monthly dues are not being paid by authorized deductions shall be required