In the event that the Union or any employee files a complaint before the Equal Employment Opportunity Commission, the Massachusetts Commission Against Discrimination, or the Massachusetts Labor Relations Commission, and a grievance has been filed on the same matter, the grievance shall be held in abeyance pending the outcome of the complaint. If the University prevails in the above forum(s), the grievance shall be processed accordingly.

The parties agree to address the issues raised by the Americans with Disabilities Act on an as-needed basis and as the Equal Employment Opportunity Commission (EEOC) and/or the Massachusetts Commission Against Discrimination (MCAD) issue appropriate regulations regarding handicap discrimination.

Massachusetts Commission Against Discrimination ("MCAD") Boston Office One Ashburton Place - Room 601 Boston, MA 02108 (617) 727-3990 Springfield Office 424 Dwight Street - Room 220 Springfield, MA 01103 (413) 739-2145 APPENDIX E - Policy & Procedure For Sick Leave Bank - Laborers Union (Applicable to employees covered by all units of Local 1060 Laborers Union) I, Policy: The Laborers Union Sick Leave Bank is established to provide additional sick

Massachusetts Commission Against Discrimination ("MCAD") Boston Office One Ashburton Place - Room 601 Boston, MA 02108 (617) 727-3990 Springfield Office 424 Dwight Street - Room 220 Springfield, MA 01103 (413) 739-2145 APPENDIX "E" - Policy & Procedure For Sick Leave Bank - Laborer's Union (Applicable to employees covered by all units of Local 1060 Laborer's Union) I.

Nothing in this grievance procedure shall prevent an individual from taking action with the Massachusetts Commission Against Discrimination (MCAD), the Equal Employment Opportunity Council (EEOC), the Office of Civil Rights (OCR) or the courts. Any such action must meet the applicable time limits of those forums. .

The Massachusetts Commission Against Discrimination ("MCAD") Boston office: One Ashburton Place Room 601 Boston, MA 02108 (617) 727-3990 Springfield Office: 424 Dwight Street Room 220 Springfield, MA 01103 (413) 739-2145 APPENDIX C ON-CALL POLICY 1. NOTIFY BY NEXTEL 2. NOTIFY BY TELEPHONE If contact with Duty Man fails, go to the next person in seniority for overtime calls. If no response, call the Superintendent.

covered by this Agreement as a result of lawful Union activities. 4.3 The parties agree that they will not discriminate against employees because of race, color, national origin, age, sex, creed, union membership or nonmembership. 4.3.1. 44 The Town, Union and the members of the bargaining unit agree that if the subject matter of any grievance under this Article has been resolved or litigated or is being resolved or litigated before the Massachusetts Commission

EEOC: The United States Equal Employment Opportunity Commission One Congress Street, 10th Floor Boston, MA 02114 617-565-3200 MCAD: The Massachusetts Commission Against Discrimination Boston Office: Springfield Office: One Ashburton Place, 436 Dwight Street, Room 601 Room 220 Boston, MA 02108 Springfield, MA 01103 617-727-3990 413-739-2145 ARTICLE 38 NO INDIVIDUAL AGREEMENT Section 1: The Employer agrees that it will not enter into any individual

Massachusetts Commission Against Discrimination, 431 Mass. 655 (2000). See Town of Brookfield, 28 MLC 320, 327. According to the first step in the Wynn & Wynn analysis, a charging party meets its initial burden by proffering direct evidence that proscribed criteria, here, engaging in concerted, protected activity, played a motivating part in a respondent's adverse action. Town of Brookfield, 28 MLC 320, 328, citing Wynn & Wynn, 431 Mass. at 667.

Mass. 1998), citing, ADA Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations, (EEOC Notice 915.002 October 10, 1995); Massachusetts Commission Against Discrimination, Guidelines; Employment Discrimination on the Basis of Handicap-Chapter 151B, IV & V, http://www.mass.gov/mcad/resources/employers-businesses/ emp-guidelines-handicap-gen.html The duty to compartmentalize medical and non-medical employment decision-making