For the purpose of this Art icle, the term "harmless" is transmitted by the City of defined as: "any monies, onc Westfield, the Westfield Sch e ool Committee and its off to AFSCME, Council 53, icers and Agents Local 346; the City of Westfi eld, the Westfield School Committee and 21 ARTICLE XXII EVALUA TIO S N L T PRO ALO O CED FROL CEDURE URE ARTICLE XXII LONGEVITY PAY Secretaries who on July 1 of each year have completed the following number years

AGREEMENT BETWEEN THE CITY OF WESTFIELD AND THE WESTFIELD FIRE DEPARTMENT SUPERVISORS ASSOCIATION JULY 1, 2007 THROUGH JUNE 30, 2010 CONTRACT INDEX PAGE ARTICLE | RECOGNITION AND MANAGEMENT Section 1: Section 2: Section 3: ARTICLE Il ARTICLE Ill ARTICLE VI ARTICLE VII | 1 4 Section 1: Section 2: Retention of Civil Rights Vacancies 2 2 Section 3: Promotions 2 Section 4: Working Out of Grade 2 Section 5: Career Incentive Pay Program 2 DUTIES OF DEPUTY

AGREEMENT BETWEEN THE CITY OF WESTFIELD AND THE WESTFIELD FIRE DEPARTMENT SUPERVISORS ASSOCIATION JULY 1, 2007 THROUGH JUNE 30, 2010 CONTRACT INDEX PAGE ARTICLE | RECOGNITION AND MANAGEMENT Section 1: Section 2: Section 3: ARTICLE Il ARTICLE Ill ARTICLE VI ARTICLE VII | 1 4 Section 1: Section 2: Retention of Civil Rights Vacancies 2 2 Section 3: Promotions 2 Section 4: Working Out of Grade 2 Section 5: Career Incentive Pay Program 2 DUTIES OF DEPUTY

The rights of the City of Westfield and employees of the Fire Department shall be respected and provisions of this Agreement shall be observed for the orderly settlement of ail questions. SECTION 2: UNION SECURITY The City of Westfield agrees not to discriminate in any way against employees covered by the Agreement because of union membership or union activities.

City of Westfield, 7 MLC 1245, 1250 (1980). See also Town of Greenfield, 5 MLC 1036, 1040 (1978); Massachusetts Bay Transportation Authority, 6 MLC 1814, 1815-16 (1980). Indeed, the Commission has repeatedly held that the mere existence of significant supervisory authority causes an inherent conflict within the bargaining unit sufficient to warrant severance of the supervisors. City of Westfield, supra: City of Pittsfield, 7 MLC 1256 (1980).

Main Westboro MA 01581 Street 44 South Street Westborough Ma 01581 108 Milk St Westborough MA 01581 54 E Main Westborough, MA 01581 Street 287 N Elm Westfield MA 01085 Street 11 Arnold Westfield, MA 01085 Street 149 Littleton Westford, MA 01886 Rd 845 Sodom Rd.

Wareham 20-Dec-19 Wareham, Ma 02571 01-Nov-19 Watertown Mass 02472 19-Nov-19 Watertown, MA 02472 17-Oct-19 Webster Webster, MA 01570 11-Dec-19 04-Oct-19 Webster, MA 01570 15-Nov-19 Wellfleet, MA 02667 11-Oct-19 West Bridgewater, MA 02379 West Newton 19-Dec-19 West Roxbury, MA 02132 26-Nov-19 West Springfield, MA 01201 01-Oct-19 West Springfield, MA 01089 07-Oct-19 West Springfield, MA 01089 06-Nov-19 Westborough, MA 01581 01-Nov-19 Westfield 20-Dec-19 Westfield

MA INDIAN ORCHARD MA ST.

ASHLAND ASHLAND ASHLAND ASHLAND WILBRAHAM CHICAGO SPRINGFIELD MA OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR OR MA IL MA 01095 97520 97520 97520 97520 97520 97520 97520 97520 97520 97520 97520 97520 97520 97520 97520 97520 97520 97520 97520 97520 97520 97520 97520 97520 97520 97520 97520 01095 60673-1256 01104 WESTFIELD WESTFIELD WESTFIELD WESTFIELD WESTFIELD WESTFIELD WESTFIELD WESTFIELD WESTFIELD WESTFIELD WESTFIELD WESTFIELD

ARTICLE 25 EMPLOYEE INSURANCE ADVISORY COMMITTEE The Union shall participate in the City of Westfield Employee Insurance Advisory Committee under the provisions of State Law upon acceptance of the City of Westfield. Nothing shall obligate the Westfield Athenaeum to enforce the provisions of this Article.

City of Westfield, 24 MCSR 610 (2011); Kearney v. Department of Conservation and Recreation, CSC No. G2-09-324 (2010) (unpublished). CONCLUSION In sum, for the reasons stated herein, the Commission lacks jurisdiction to hear this appeal. The Motion to Dismiss is hereby granted and the appeal of Anna Kinyon, is dismissed. Civil Service Commission /s/Paul M. Stein Paul M.

City of Westfield, 24 MCSR 610 (2011).2 CONCLUSION In sum, for the reasons stated herein, the Commission lacks jurisdiction to hear this appeal. The Motion to Dismiss is hereby granted and the appeal of the Appellant, Matthew Berryman, is dismissed. Civil Service Commission /s/Paul M. Stein Paul M.