City of Westfield, 23 MCSR 418 (2010) (officer damaged cruiser in cowboyish spins and then untruthfully denied his antics); Mozeleski v. Chicopee, 21 MCSR 676 (2008) (lying to cover-up inappropriate conduct during a late-night traffic stop); Rizzo v. Town of Lexington, 21 MCSR 634 (2008) (police officer failed to report use of force and later misrepresented level of force used); Layne v.

City of Westfield, 23 MCSR 418 (2010) (officer damaged cruiser in cowboyish spins and then untruthfully denied his antics); Mozeleski v. Chicopee, 21 MCSR 676 (2008) (lying to cover-up inappropriate conduct during a late-night traffic stop); Rizzo v. Town of Lexington, 21 MCSR 634 (2008) (police officer failed to report use of force and later misrepresented level of force 31 used); Layne v.

See City of Westfield, 25 MLC 163, 165, MUP-9697 (April 20, 1999). The DLR has held 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." Commonwealth of Massachusetts, 30 MLC 63, 64 (2003) (emphasis added).

See City of Westfield, 25 MLC 163, 165, MUP-9697 (April 20, 1999), The DLR has held 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." Commonwealth of Massachusetts, 30 MLC 63, 64 (2003) (emphasis added).

See City of Westfield, 25 MLC 163, 165, MUP-9697 (April 20, 1999), The DLR has held 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." Commonwealth of Massachusetts, 30 MLC 63, 64 (2003) (emphasis added).

City of Westfield, 22 MLC 1394, 1404 (1996), aff'd, 25 MLC 163 (1999). However, the Commission has also found that a valid past practice can exist despite sporadic or infrequent action. A consistent practice that applies to rare circumstances may become a condition of employment if it is followed each time the circumstances precipitating the practice occur.

City of Westfield, 22 MLC 1394, 1404 (1996), aff'd, 25 MLC 163 (1999). However, the Commission has also found that a valid past practice can exist despite sporadic or infrequent action. A consistent practice that applies to rare circumstances may become a condition of employment if it is followed each time the circumstances precipitating the practice occur.

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), affd, 25 MLC fact that a past practice is unequivocal reasonable period of time and Dedham School Committee, despite sporadic is known 5 MLC or infrequent 163 (1999), the Board also focuses on the if it has existed substantially unvaried and by both parties."

Dupere Law Office 94 North Elm Street, Suite 307 Westfield, MA 01085 Re: MUP-20-8092, Athol-Royalston Regional School Committee Dear Mr. Hickernell and Ms.

City of Westfield, 23 MCSR 418 (2010); Mozeleski v. City of Chicopee, 21 MCSR 676 (2008); Rizzo v. Town of Lexington, 21 MCSR 634 (2008); Layne v. Town of Tewksbury, 20 MCSR 372 (2007). 5 make subsidiary findings in sustaining the discipline. The Appellants objection omits key factual details that demonstrate ample justification for discipline on these fronts.

While the CERB 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), 21 affd, 25 MLC 22 which is unequivocal, has existed substantially unvaried for a reasonable period of time 163 (1999), it also focuses on the fact that "[a] past practice is a practice 21 H.O.

Page 2 of 3 Report of Inspection/ Test HFP Corporation 32 Char Drive 11/27/06 Westfield, MA 01085 Tel 413-568-4709 - Fax 413-562-7298 Conducted by: Richard Brown MA License 1519 Property Argo-Tech-|10899 Owner! Agent 49 Greenfield & 64 Adams Greenfield, MA Monitoring Off-Line: Time_V/])\ Monitoring Restored: Time_w/ 4 Monitoring Company__V } A Operator Operator___N lA Signals Received?

Dupere Law Offices 94 North Elm Street Suite 307 Westfield, MA 01085 Appearance for Firefighter S and Local 1683 IAAF : Patrick Bryant, Esq. Pyle, Rome, Ehrenberg, P.C. 2 Liberty Square -10th Floor Boston, MA 02109 Commissioner: Summary Paul M.

[Name Address (street and no., city/town, state, and ZIP code) Russell Dupere Telephone Number 94 North Elm St, Suite 307, Westfield, MA 01085 | 413-313-1023 Method of Service L Si gnature f Person m Wy, Wy ip In hand First Class Mail L] Other (specify): ertificafion tinh ~ The DLR does not discriminate on L, disability in access to its services.