The Board also considers whether the 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.

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), aff'd, 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."

See Commonwealth of Massachusetts 39 MLC 169, 172, SUP-08-5447 (December 27, 2012) (July 2008 order establishing assignment of stateowned vehicles based on mileage and other criteria was a new working condition that the union only became MUP-9698 (April 20, aware of in July 2008); City of Westfield, 25 MLC 1999)(where there was no evidence that employer 163, 165, had ever ordered an officer on injured-on-duty status to perform an assignment that was

Fax Number 1029 North Rd., 22-23 Hampton Ponds Plaza, Westfield, MA 01085 413.572.6518 6. 7. Representative to contact 9. Telephone Number Atty. Richard Mullane 617.878.8281 Employee Organization (if any): Westfield Education Association c/o MTA 8. Address (street and No., city/town, state, and ZIP code) 20 Ashburton Place, Boston, MA 02108 10. Fax Number 617.248.6921 11. This charge is filed against (check one) 12.

Fax Number 1029 North Rd., 22-23 Hampton Ponds Plaza, Westfield, MA 01085 413.572.6518 6. 9. Telephone Number Employee Organization (if any): Westfield Education Association c/o MTA 8. 7. Representative to contact Atty. Richard Mullane 617.878.8281 Address (street and No., city/town, state, and ZIP code) 10. Fax Number 20 Ashburton Place, Boston, MA 02108 617.248.6921 11. This charge is filed against (check one) 12.

Address (street and No., city/town, state, and ZIP code) Westfield, MA 01085 Employee Organization (if any): United Educators of Pittsfield 8. 413-562-3300 . Fax Number 413-562-3301 7. Representative to contact Jennifer MacDougall, Esq. Address (street and No., city/town, state, and ZIP code) 2 Heritage Dr., 9th Floor 4. Telephone Number Quincy, MA 02171-2119 9. Telephone Number 617-878-8143 10. Fax Number 617-570-4986 11.

Dupere, Esq. 94 North Elm Street, Suite 307 Westfield, MA 01085 Re: MUP-19-7230; Silver Lake Education Association and Silver Lake Regional School Committee Dear Mr. Dunn and Mr.

While the Commission "inquires Page 5 of 10 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 Commission 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."

City of Westfield. Case No. G-416S (1999). In this case the selection process was inherently flawed since the Appointing Authority did not adequately or fairly consider Frank Gallo for the sergeants positions. The City instead relied on the twelve year old discipline and circumstances preceding it; despite fulfillment of all of the imposed conditions, demonstrated rehabilitation and a solid subsequent record of exemplary performance.

City of Westfield, 23 MCSR 418 (2009), a police officers discharge was upheld based primarily on the officers dishonesty about a relatively minor infraction that occurred on his shift. Mr. Desmond was also charged with conduct unbecoming an officer and harassment. These charges relate to text messages sent from Mr. Desmond to Mrs. A; running the plate numbers on vehicles registered to Mr. A and Mrs. A; running a Triple III inquiry on Mrs.

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); Gonsalves v. Falmouth, CSC Case No.