Based on the documents submitted and the testimony of the following witnesses: Called by the WPD: Walter Correia, WPD Chief of Police Dorene Allen-England, Assistant Town Administrator/Director Human Resources, Town of Wareham Called by the Appellant: Karl Baptiste, WPD Officer, Appellant and taking administrative notice of all matters filed in the case and pertinent statutes, regulations, case law and policies, and reasonable inferences therefrom

DEPARTMENT OF CORRECTION, Respondent Appellants Representative: Pro Se Gina Sousa 2 Leisure Lane East Wareham, MA 02538 Human Resources Divisions Representative: Martha OConnor, Esq. Human Resources Division One Ashburton Place: Room 211 Boston, MA 02108 Department of Corrections Representative: Alexandra McInnis Department of Correction P.O. Box 946: Industries Drive Norfolk, MA 02056 Commissioner: Christopher C.

and cases cited (police officer terminated for bringing a woman to his home for sex while on duty); In re Town of Milford, 4 MCSR 96 (1991) (sex in police cruiser was conduct unbecoming and warranted termination); In re Town of Attleboro, 2 MCSR 88 (1989) (firefighter terminated for 30 conduct unbecoming by having consensual sex in a firehouse); In re Town of East Bridgewater, 2 MCSR 85 (1989) (termination for having sex in police cruiser); In re Town

Town of Wareham, 26 MLC 206, 207 (2000). Neither limited participation in the decision-making process, nor attendance and participation in policy making discussions is sufficient to consider an employee managerial if the persons input is merely informational or advisory in nature. Town of Hudson, 40 MLC at 46 (quoting Town of Bolton, 25 MLC 62, 66 (1998)).

ARTICLE | RECOGNITION CLAUSE The Employer recognizes the Union as the sole and exclusive bargaining agent for the purposes of establishing wages, hours, and other conditions of employment for all full-time and regular parttime cafeteria workers employed by the town of Wareham School Committe e excluding the cafeteria manager and all managerial, confidential, casual and all other employees of the Wareham School Committee, ARTICLE Il DISCRIMINATION

MA 02571 Current Current Current Expired Current Current WAREHAM MA 02571 WAREHAM MA 02571 Current Current Current Current WAREHAM MA 02571 Current Current SOUTHBOROUGH, MA 01772 Current Current Lynn, MA 01902 WALTHAM MA 02451 Current Current Current Current Ashland, MA 01721 Worcester, MA 01605 Northboro, ma 01532 Framingham, MA 01702 Current Current Current Current Current Current Current MIDDLETON, MA 01949 Current Current ARLINGTON, MA 02474

Town of Wareham, WMAM-08-1017 (Oct. 28, 2009) (emphasis added), citing Town of Manchester-by-the-Sea, 24 MLC 76, 81 (1998). In the present matter, the DHs at AMSA not only participate in formulating policy, but they are required to use independent judgment when making decisions on behalf of AMSA.

The 15 blocking charge doctrine has been in effect since 1976 and was modeled on a similar 16 National Labor Relations Board (NLRB) policy that has been in effect since at least 1959. 17 Commonwealth of Massachusetts, 17 MLC at 1651 (citing Town of Wareham, 2 MLC 18 1547, 1556, n. 8, MUP-2114, MCR-2092 (June 9, 1976) (adopting NLRBs blocking 19 charge rule and citing Brown and Root Caribe, Inc., 123 NLRB 1817 (1959)).

The Appellant is a fifty-three (53) year old male who lives in Wareham, MA. He is married and has a teenage son. He graduated from Milton High School. (Testimony of Appellant) 2. The Appellant held the position of permanent junior building custodian and served in this position since 1999. (Stipulated Facts) 3. At all times relevant to this appeal, the Appellant was assigned to the Pierce Middle School at 391 Brook Road in Milton.

In the summer and fall of 2005, the Appellant resided in the area and frequented a 7-Eleven in Wareham, MA on his way to and from work and after work. The Appellant was a frequent customer other than commuting to and from work. He would go to the store almost on a daily basis. On some occasions, he would be dressed in his uniform. (Testimony of Coe, Stanley, Leblanc, and Appellant) 3.