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."

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.

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.

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.

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.

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 Commissioner: Christopher C. Bowman DECISION On October 11, 2016, the Appellant, David Brites (Mr. Brites), pursuant to G.L. c. 31, 4145, filed this appeal with the Civil Service Commission, contesting the decision of the City of Pittsfield (City), to terminate his employment as a Water and Sewer Maintenance Worker.

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.