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.

See City of Newton, 32 MLC 37 (2005) (whether a binding practice exists depends on whether it has occurred with regularity over a sufficient period of time), citing Commonwealth of Massachusetts, 23 MLC 171, 172 (1997), and City of Westfield, 22 MLC 1394, 1404 (H.O. 1996), affd 25 MLC 163 (1999); see also Daily News of L.A. v. NLRB, 73 F.3d 406, 410 (D.C.

City of Westfield v. Civil Service Commission & another., No. 98-601, Hampden Superior Court (1999). The panel asked each candidate the same set of predetermined questions. Chief Ryan, Captain Serson and Ms. Malloy all testified that the Appellant performed poorly during the panel interview. Specifically, the panel felt that the Appellants answers to their questions raised serious concerns about his ability to be an effective Sergeant.

Dupere Law Offices, P.C. 94 North Elm Street, Suite 307 Westfield, MA 01085 Tel.: 413-562-3300 Fax: 413-562-3301 Dated: July 24, 2023 CERTIFICATE OF SERVICE I, Russell J. Dupere, Esq., hereby certify that on this 24" day of July, 2023 I served this Response on Opposing Counsel, Mark Hickernell, via ae Russell J. Dupere( Eq. ;

Name Address (street and no., city/town, state, and ZIP code) Russell Dupere 94 North Elm St., Suite 307, Westfield, MA 01085 413-562-3300 Method of Service In hand First Class Mail Telephone Number Email Other (specify): ___________________ Signature of Person making Certification Telephone Number 413-535-2415 The DLR does not discriminate on the basis of disability in access to its services.

Town 6 of Bolton, 25 MLC at 67, (citing City of Westfield, 7 MLC 1245, 1250, MCR-2912 (August 7 28, 1980)). Therefore, rather than place supervisors in the untenable position of 8 disciplining employees on whom they rely to secure improved terms and conditions of 9 employment through the collective bargaining process, the CERB places supervisors in 10 separate bargaining units.

Suite 307 Westfield, MA 01085 413-562-3301 6. 9. Telephone Number Employee Organization (if any): 7. Representative to contact Mahar Non-Teaching Personnel E'es Group 8. Quesiyah Ali 617-878-8288 Address (street and No., city/town, state, and ZIP code) 10. Fax Number MTA 2 Heritage Dr. , 9th Floor, Quincy, MA 02171 617-570-4989 11. This charge is filed against (check one) 12.

Suite 307 Westfield, MA 01085 413-562-3301 6. Employee Organization (if any): 7. Representative to contact 9. Telephone Number South Hadley Education Association Jennifer MacDougall 617-878-8143 8. Address (street and No., city/town, state, and ZIP code) 10. Fax Number MTA 2 Heritage Dr., 9th Floor, Quincy, MA 02171 617-570-4986 11. This charge is filed against (check one) 12.

Fax Number Dupere Law Offices 94 North Elm St., Suite 307, Westfield, MA 01085 413-562-3301 6. 9. Telephone Number Employee Organization (if any): 7. Representative to contact Athol Teachers Association 8. Laurie Houle 617-878-8289 Address (street and No., city/town, state, and ZIP code) 10. Fax Number MTA 2 Heritage Dr., 8th Floor, Quincy, MA 02171 617-570-4982 11. This charge is filed against (check one) 12.

. #: 698437 Dupere Law Offices 94 North Elm Street, Suite 307 Westfield, MA 01085 Tel.: 413-562-3300 Fax: 413-562-3301 Dated: August 2, 2021 5 Exhibit A 7/29/2021 Mail - kimberly duperelawofces.info - Outlook Hi Julie! My apologies for the delay. It has just been mayhem and my son had surgery on friday my time has been spread pretty thin. We can definitely meet. And I completely understand that this is a learning process for you.

FAX Number 413-562-7338 '91 E Mountain Road Westfield MA 01085 EMPLOYER'S LABOR RELATIONS REPRESENTATIVE 9. Telephone Number 8. Name 413-562-4131 'Valenda Liptak 10,11,12,13. Address (street and No., city/town, 14. FAX Number state, and ZIP code) 413-562-7338 91 E Mountain Road Westfield MA 01085 \15. E-mail address \valenda.liptak@state.ma.us 16. Firm/Organization Name | Department of Public Health EMPLOYEE ORGANIZATION (if any) 1 | 17.

. #: 698437 Dupere Law Offices 94 North Elm Street, Suite 307 Westfield, MA 01085 Tel.: 413-562-3300 Fax: 413-562-3301 Dated: February 17, 2023 1 CERTIFICATE OF SERVICE I, Kimberly M. Roche, Esq., hereby certify that I served this Respondents Response upon the South Hadley Education Association, by sending the same to their Attorney, Laurie Houle by email to lhoule@massteacher.org, on this 17th day of February 2023. Kimberly M. Roche, Esq. 2

Name Address (street and no., city/town, state, and ZIP code) Adam Dupere/Kimberly Roche Dupere Law Offices, 94N Elm St., Westfield, MA 01085 413-562-3300 Method of Service In hand First Class Mail Telephone Number email Other (specify): ___________________ Signature of Person making Certification Telephone Number 617-878-8410 The DLR does not discriminate on the basis of disability in access to its services.