Town of Southborough, 21 MLC 1242 (1994). With respect to the motivational element pursuant to both Sections 4(3) and 4(4), the charging party must demonstrate in its prima facie case that protected activity played some role in the adverse action. Boston City Hospital, 11 MLC 1065, 1071 (1984). Mr.

Cristina Peng Feng Jim Grealey Framingham MA, 01702 Framingham,MA 01702 Hopkinton, MA 01748 Framingham, MA 01702 Southborough, MA 01772 Framingham, MA 01702 Framingham, MA 01702 Boston, MA, 02130 Framingham, MA 01702 Framingham, MA 01702 W.

Town of Southborough, 21 MLC 1242, 1249, MUP-8521 (August 29, 1994). In cases involving individual activity, the Commonwealth employment Relations Board (CERB or Board) has held that under some circumstances, individual activity may be regarded as concerted activity where such activity involves an attempt to enforce the provisions of a collective bargaining agreement.

Cristina Peng Feng Jim Grealey Framingham MA, 01702 Framingham,MA 01702 Hopkinton, MA 01748 Framingham, MA 01702 Southborough, MA 01772 Framingham, MA 01702 Framingham, MA 01702 Boston, MA, 02130 Framingham, MA 01702 Framingham, MA 01702 W.

Town of Southborough, 21 MLC 1242, 1249, MUP-8521 (August 29, 1994). Here, Nestor participated in the collective bargaining process on behalf of the Union, processed Union grievances, and publicly supported political A charging partys failure to establish a prima facie case obviates the need to inquire into the adequacy of the employers non-discriminatory explanation.

Town of Southborough, 21 MLC 1242 (1994). Here, the Charging Party is alleging that Weisbergers participation in labormanagement meetings three times per semester was the impetus behind the written reprimand received by Weisberger. VP Sethares addressed the underlying situation at the In-Person Investigation Conference stating that the College had re-organized the Tutor Center (where Weisberger works) under a new Dean, Dean Suzanne Buglione.

Town of Southborough, 21 MLC 1242, 1249, MUP-8521(August 29, 1994) (citing Meyers Industries, 268 NLRB 493, 115 LRRM 1025 (1984)).

Town of Southborough, 21 MLC 1242, 1249, MUP8521(August 29, 1994); Massachusetts Port Authority, 35 MLC 61, 63, UP-062686 (June 18, 2008). Additionally, an individual employees exercise of rights grounded in the collective bargaining agreement constitutes concerted, protected activity. City of Newton, 32 MLC 27, 48, MUP-2849 (June 29, 2005); Commonwealth of Massachusetts, 24 MLC 116, 118, SUP-4050 (June 10, 1998) (citing NLRB v.

Town of Southborough, 21 MLC 1242 (1994). Furthermore, CERB has determined that discussions with the Employer about working conditions absent evidence that the employee was acting on the authority of, or in concert with, other employees does not constitute concerted activity. Massachusetts Port Authority, 35 MLC 61 (2008); Town of Southborough, 21 MLC 1242 (1994).

Town of Southborough, 21 MLC 1242, 1249, MUP- 11 8521 (August 29, 1994)(citing Meyers Industries, 268 NLRB 493, 115 LRRM 1025 12 (1984)).

Town of Southborough, 21 MLC 1242, 1249, MUP-8521(August 29, 1994) (citing Meyers Industries, 268 NLRB 493, 115 LRRM 1025 (1984)).

Town of Southborough, 21 MLC 1242, (1984). 1249 (1994) (citing Meyers Industries, 268 NLRB 493, 115 LRRM Compare Commonwealth of Massachusetts, 14 (probationary employees complaints with other employees concerted acidity) with Town MLC 1743, 1747 1025 (1988) about unhealthy working conditions constitutes of Athol, 25 MLC (employees safety and work break complaints do not constitute concerted at 211 activity because the employee was acting alone and

Town of Southborough, 21 MLC 1242, MUP-8521 Industries, 268 NLRB 493, 115 LRRM 14 MLC 1743, 1747, SUP- (August 29, 1025 (1984)). Compare 1994) (citing Meyers Commonwealth of Massachusetts, 1249, 4 McDonnell claimed that when Heagney made his comments about Oliveira, McDonnell did not know why he was the subject of an investigation.