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Labor Relations Commission Case Summaries: November 6, 2006.

Massachusetts Lawyers Weekly

| November 06, 2006 | COPYRIGHT 2002 Dolan Media Company. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Byline: Massachusetts Lawyers Weekly Staff

Education

Retaliation - Protected activity

Where a school committee is charged with retaliating against a teacher for her protected activity (filing a grievance), the complaint must be dismissed, as the committee's change of the teacher's employment status would have occurred regardless of the protected activity.

"The record before us shows that the School Committee changed [Amy] Fitzpatrick to a full-time employee after it had decided to close the Ripley Elementary School and to transfer several [Moderate Special Needs] students from that school to the Hoover Elementary School where Fitzpatrick taught. As a result of the increased number of students at the Hoover Elementary School, [school officials] determined that the MSN teaching position there…

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