While the CERB "inquires [about] whether employees in the unit have a reasonable expectation that the practice in question will continue," City of Westfield, 22 MLC 1394, 1404 (H.O. 1996), affd, 25 MLC 163 (1999), it also looks to whether the "past practice is... unequivocal, has existed substantially unvaried for a reasonable period of time and is known and is accepted by both parties."

While 171, the of CERB "inquires [about] whether employees in the unit have a reasonable expectation that the practice in question will continue," City of Westfield, 22 MLC aff'd, 25 MLC 1394, 1404 (H.O. 1996), 163 (1999), it also looks to whether the "past practice is... unequivocal, has existed substantially unvaried for a reasonable period of time and is known and is accepted by both parties."

City of Westfield, 24 MCSR 610 (2011). 8 In sum, for the reasons stated herein, the Commission lacks jurisdiction to hear this appeal. Therefore, HRDs Motion to Dismiss is hereby granted and the appeal of the Appellant, Brenda James, is dismissed. Civil Service Commission /s/Paul M. Stein Paul M. Stein, Commissioner By vote of the Civil Service Commission (Bowman, Chairman; Ittleman, McDowell, and Stein, Commissioners) on April 2, 2015.

While the Board inquires whether employees in the unit have a reasonable expectation that the practice in question will continue, City of Westfield, 22 MLC 1394, 1404 (H.O. 1996), aff'd, 25 MLC 163 (1999), the Board focuses on the fact that a past practice is a practice which is unequivocal, has existed substantially unvaried for a reasonable period of time, and is known and is accepted by both parties.

The Board's inquiry turns on "whether employees in the unit have a reasonable expectation that the practice in question will continue," City of Westfield, 22 MLC 1394, 1404 (H.O. 1996), affd, 25 MLC 163 (1999), and whether the practice "is unequivocal, has existed substantially unvaried for a reasonable period of time and is known and accepted by both parties."

City of Westfield, 23 MCSR 418 (2010) (officer damaged his cruiser while engaged in cowboyish spins and then untruthfully denied his antics); Mozeleski v. Chicopee, 21 MCSR 676 (2008) (lying to cover-up inappropriate conduct during a late-night traffic stop); Rizzo v. Town Lexington, 21 MCSR misrepresented of 634 (2008) (police officer failed to report use of force and later level of force used); Layne v.

Comm., See City of Westfield, MUP-419 10 MLC 1232, at * 17 (1973) (Deferral is not appropriate in a dispute in which respondent was attempting to foreclose or frustrate resort to the arbitration procedure.).

City of Westfield, 23 MCSR 418 (2009) (discharge upheld based primarily on officers dishonesty about a relatively minor infraction that occurred on his shift.) Throughout the application process, honesty and truthfulness were repeatedly stressed as being essential to the process. The Appellant listed Brockton as his sole residence from April 2016 to the present on his Brockton Police Department application.

The DLR inquires whether employees in the unit have a reasonable expectation that the practice in question will continue, City of Westfield, 22 MLC 1394, 1404 (H.O. 1996), aff'd 25 MLC 163 (1999), and whether "[a] past practice is a practice which is unequivocal, has existed substantially unvaried for a reasonable period of time and is known and accepted by both parties." Dedham Sch.

City of Westfield, MUP20-7800, MUP-20-7807, MUP-20-7808, MUP-20-7809 (Feb. 16, 2022).

While the Board inquires whether employees in the unit have a reasonable expectation that the practice in question will continue, City of Westfield, 22 MLC 1394, 1404 (H.O. 1996), aff'd, 25 MLC 163 (1999), the Board focuses on the fact that a past practice is a practice which is unequivocal, has existed substantially unvaried for a reasonable period of time, and is known and is accepted by both parties.