. #: 698437 Dupere Law Offices 94 North Elm Street, Suite 307 Westfield, MA 01085 Tel.: 413-562-3300 Fax: 413-562-3301 Dated: November 23, 2020 CERTIFICATE OF SERVICE I, Kimberly M. Roche, Esq., hereby certify that I served this Respondents Response upon the Athol Teachers Association, by sending the same to their Attorney, Ashley Walter by email to AWalter@massteacher.org, on this 23rd day of November 2020. 6 Kimberly M. Roche, Esq. 7

Name Address (street and no., city/town, state, and ZIP code) Telephone Number 94 North Elm St, Westfield, MA 01085 1-413-562-3301 Atty. Russell Dupere' Method of Service [ In hand First Class Mail L_] Other (specify): 7A Signature of P making aE Telephone Number 1-413-348-9620 Vir The he < not discriminate on the basis of disability in access to its services.

City of Westfield, 23 MCSR 418 (2009) (discharge upheld based primarily on officers dishonesty about a relatively minor infraction that occurred on his shift). Kinnas v. Shrewsbury, 24 MCSR 67 (2011) (discharge upheld for being untruthful about whether he accessed a fellow employees family Facebook account and made inappropriate postings).

Ste. 307; Westfield, MA of Current or Most ee Home . 01085 cit 413- 562- 3300 a 2019 Number of Bargaining Sessions Held to Date and Date of Last Session Approximately 5 Statement of Issues tn pe enef (Use another page if necessary) Description of Any Prohibited Practlce Charges Pending Between the Parties Cte CO 1A 4 Ae iT i ye 3 x Size and composition of Units (Total # of Ernaloyen Covered by the Contracl) Approximately 96 Name and Titles of Members

Dupere Law Offices 94 North Elm Street, Suite 307 Westfield, MA 01085 Commissioner: Christopher C. Bowman DECISION On May 9, 2016, Matthew R. Kirchner (Mr. Kirchner), pursuant to G.L. c. 31, 2(b), filed an appeal with the Civil Service Commission (Commission), contesting the decision of the City of Pittsfield (City) to bypass him for promotional appointment to the position of police lieutenant in the Citys Police Department.

Westfield, MA 01085 Employee Organization (if any): 6. 413-562-3300 5. Fax Number Address (street and No., city/town, state, and ZIP code) 3: 4. Telephone Number 7. Representative to contact Chesterfield-Goshen Teach. Assn. (Betsy Sullivan MarkHickernell 9. Telephone Number 413-586-6890 Address (street and No., city/town, state, and ZIP code) 10. Fax Number Elizabeth Sullivan 73 Audubon Rd. Leeds, MA 01053 413-296-0003 8. 11.

. #138840 T 94 North Elm Street, Suite 307 Westfield, MA 01085 Dated: June 9, 2016 " x

. #138840 94 North Elm Street, Suite 307 Westfield, MA 01085 Tel: 413-562-3300 Fax: 413-562-3301 Dated: May 7, 2015 CERTIFICATE OF SERVICE 1, Fernand J. Dupere, Esq. hereby certify that the Franklin County Technical Regional School Committees Answer to Complaint was served on the F.C.T.S, Teachers Association by email to their Counsel Matthew Jones at mjones@massteacher.org on this 7% day of May 2015. J. Dupere, Esq.

. #138840 94 North Elm Street, Suite 307 Westfield, MA 01085 Tel: 413-562-3300 Fax: 413-562-3301 Dated: August 5, 2014 CERTIFICATE OF SERVICE I, Fernand J, Dupere, Esq., hereby certify that the Franklin County Technical Regional School Committees Response to the Charge of Prohibited Practice was served on the F.C.T.S.

Russell Dupere' 94 North Elm St, Westfield, MA 01085 1-413-562-3301 Method of Service [| _. a rte In hand First Class Mail L_| Other (specify): making Certificati FF. iy i Telephone Number A a 1-413-348-9620 A. not discriminate on the basis of disability in access to its services.

While the Board inquires whether employees in the unit have a 13 Dismissal (contd) MUP-19-7253 and MUP-19-7436 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

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.

While 15 the Board inquires whether employees in the unit have a reasonable expectation that the 16 practice in question will continue, City of Westfield, 22 MLC 1394, 1404, MUP-9697 (H.O., 17 January 10, 1996), aff'd, 25 MLC 163 (August 20, 1999), the Board also focuses on the 18 fact that [a] past practice is a practice which is unequivocal, has existed substantially 19 unvaried for a reasonable period of time, and is known and is accepted by both

While the Board inquires whether employees in the unit have a reasonable 2 expectation that the practice in question will continue, City of Westfield, 22 MLC 1394, 3 1404, MUP-9697 (H.O., January 10, 1996), aff'd, 25 MLC 163 (August 20, 1999), the 4 Board also focuses on the fact that [a] past practice is a practice which is unequivocal, 5 has existed substantially unvaried for a reasonable period of time, and is known and is 6 accepted by both parties