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.

Elm St, Westfield, MA 01085 413-562-3300 Method of Service LJ Signature ( EPErson ing In hand [| First Class Mail : Other (specify): E-mail Certification , LE Telephone Number 413-455-1730 oe" he DLR does not discriminate on the basis of disability in access to its services. Inquiries, complaints or requests, Including requests for auxiliary aids and information regarding access features should be directed to the ADA Coordinator (617) 626-7132.

Dupere Law Offices 94 North Elm Street, Suite 307 Westfield, MA 01085 Sean Lyman 29 Cedar Drive Carver, MA 02330 Re: MUP-14-4195: Silver Lake Regional School District and Sean Lyman Dear Mr. Dupere and Mr.

City of Westfield, 23 MCSR 418 (2010) (officer damaged cruiser in cowboyish spins and then untruthfully denied his 17 The Appellant made much of the discrepancies in the distance estimates from the crash given by Trooper Healy and Lt. McGary.

See City of Westfield, 7 MLC 1245, 1251 (1980). Here, the Town has not presented any credible evidence that the Lieutenants or Deputy Chiefs have the authority to take any of the above actions without the Chiefs approval.

City of Westfield, 23 MCSR 418 (2010);Mozeleski v. Chicopee, 21 MCSR 676 (2008); Rizzo v. Town of Lexington, 21 MCSR 634 (2008); Layne v. Town of Tewksbury, 20 MCSR 372 (2007) .

Dupere Law Offices 94 North Elm Street---Suite 307 Westfield, MA 01085 RE: MUP-14-3967 Pittsfield School Committee and Pittsfield Federation of School Employees, Local 1315 Dear Harold Jones, Esq. and Russell Dupere, Esq.: The Department of Labor Relations (Department) has received, docketed and reviewed the above-referenced charge.

Dupere Law Offices 94 North Elm Street, Suite 307 Westfield, MA 01085 RE: MUP-19-7626 NEW ENGLAND JOINT BOARD RWDSU/UFCW L.566 AND LUDLOW SCHOOL COMMITTEE Dear Mr. Miner and Mr. Dupere: Please be advised that the Department of Labor Relations has decided to administratively close the above-referenced case as requested by the Parties, until MARCH 1, 2020.

City of Westfield, 23 MCSR 418 (2009) (discharge upheld based primarily on officers dishonesty about a relatively minor infraction that occurred on his shift).Here, the question is whether Mr. Kerr was indeed untruthful, which, if proven, would justify the BPDs decision to bypass him for appointment.

The CERBs 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, MUP-9697 (H.O. January 10,1996), aff'd, 25 MLC 163 (April 20,1999), and whether the practice "is unequivocal, has existed substantially unvaried for a reasonable period of time and is known and accepted by both parties."