s tedheig General Counsel Address (street and no., city/town, state, awe Telephone Number 8 Beacon Street, Boston, MA 02108 617-367-6024 CERTIFICATE OF SERVICE I hereby certify that | have served a copy of this Charge of Prohibited Practice on the following representative of the opposing party: Name Address (street and no., city/town, state, and ZIP code) James Cox, Esq., Board of Rubin and Rudman, LLP., 50 Rowes Wharf, Boston, Higher Education, Westfield

City of Westfield, MUP-9697 (Appeal), 25 MLRR 48, 25 MLC 163, concerned a police officer on injury leave. Westfield police officers on injury leave previously had no hours, they were not ordered in to work or light duty. The determination of this dispute including weighing and considering a technical point. In its defense, the Employer suggested that it had been improperly burdened to prove nothing had changed.

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, MUP-9697 (H.O.

See City of Westfield, _ MDLR _ (MCR_2912)(1980)([we] have held that individuals who possess significant supervisory authority over bargaining unit employees should not be included in the same bargaining unit with the employees they supervise. Town of Greenfield, 5 MLC 1036, 140 (1978); City of Everett, 3 MLC 1372 (1977); Chicopee School Committee, 1 MLC 1195 (1974).

See City of Westfield, 25 MLC 163, 166, MUP-9697 (April 20, 1999); see also American Benefit Corporation, 354 NLRB 1039, 4049 (2010) (a broadly and conclusively worded zipper clause can serve to shield from a refusal to bargain charge a party on whom a mid-term bargaining demand is made).

In City of Westfield, the CERB stated their [A]lthough it is possible for a zipper clause to relieve the parties of of term the during s obligation to bargain prospectively about new subject the contract, that waiver would not authorize an employer to unilaterally implement changes in working conditions.

E.g., Plymouth School Committee, 42 MLC 124, 133 (2015); City of Westfield, 25 MLC 163, 166 (1999); Brookline School Committee, 6 MLC at 1889. That said, while the Union was free to negotiate over this subject, it maintained the right to refuse to negotiate during the term of the CBA and to concomitantly require the City to maintain the existing condition of employment.

cremated prior to report** DECEDENT IS: MVA: No TOWN OF MVA: STATE OF MVA: ACCIDENT DETAILS: INJURY: No INJURY AT WORK: No DATE OF INJURY: TIME OF INJURY: HOW INJURY OCCURRED: PLACE OF INJURY (TYPE): LOCATION OF INJURY: BODY DECOMPOSED: No BONES INVOLVED: No Emergency Contact/ Person at Scene EMERGENCY CONTACT: ADDRESS: CONTACT NUMBER: EMERGENCY CONTACT RELATIONSHIP: OTHER, SPECIFY: Next of Kin NEXT OF KIN: Ariana Avezzie ADDRESS: 46 Cardinal Lane, Westfield

SKILLS Microsoft Office Programs Decision Making Leadership and Management Organization and Planning Conflict Resolution Oral and Written Communication EDUCATION Westfield State College Westfield, MA. Master of Science in Criminal Justice Graduated 2006 Lesley University Cambridge, MA. Bachelor of Science Human Service Graduated 2000 Phi Theta Kappa Honor Society Member 1996- 2006 Governors Education Award 2000- Summa Cum Laude

Somerville School Committee, In determining whether an employee 6 MLC 2092, 2094, CAS-2312 (April is a true considers the following factors: whether the employee and judgment to assign and to direct the work supervisor, the CERB has the independent authority of employees, Worcester School Committee, 22 MLC 1762, 1766, MCR-4429 (May 28, 1996); City of Westfield, 7 MLC 1245, 1252; MCR-2912 (August 28, 1980); the authority to initiate and to recommend

City of Newton, 32 MLC at 48 (citing City of Westfield, 25 MLC 163, 165 (1999)). a. The Union Failed to Identify a Past Practice At hearing, the Union not only failed to meet the burden of proving a past practice, but failed to even identify a precise past practice. City of Boston, 43 MLC at 237 (dismissing a 10(a)(5) charge where the Union failed to present evidence sufficient to show an established past practice).

The CERB'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, MUP-9697 (H.O. January 10, 1996), affd, 25 MLC 163, MUP-9697 (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."

OF COUNTS Revised : 07116 Trial Court of Massachusetts lll~ r--: ])f 1 District Court Department ~ DEFENDANT NAME & ADDRESS COURT NAME & ADDRESS Timothy J Dobek Westfield District Court 224 Elm Street Westfield, MA 01085 (413)568-8946 COMPLAINT ISSUED DATE OF OFFENSE 03/01/202~ 0212512021 OFFENSE CITY/ TO'NN ARREST DATE :JJT OFFENSE ADDRESS Agawam POLICE DEPARTMENT POLICE INCIDENT NUMBER AGAWAM PD 21-81-AR - PCF NUMBER 0BTN DEFENDANT XREF ID !

OF COUNTS Trial Court of Massachusetts District Court Department DEFENDANT NAME & ADDRESS COURT NAME & ADDRESS Timothy J Dobek Westfield District Court 224 Elm Street Westfield , MA 01085 (413)568-8946 COMPLAINT ISSUED DATE OF OFFENSE 03/01/2021 02/06/2021 OFFENSE CITY I TOWN ARREST DATE OFFENSE ADDRESS Agawam POLICE DEPARTMENT POLICE INCIDENT NUMBER AGAWAM PD 21-83-AR PCF NUMBER OBTN DEFENDANT XREF ID ROOM I SESSION 29410698 The undersigned complainant

OF COUNTS 2 Trial Court of Massachusetts District Court Department DEFENDANT NAME & ADDRESS COURT NAME & ADDRESS Timothy J Dobek Westfield District Court 224 Elm Street Westfield, MA 01085 (413)568-8946 DEFENDANT DOB COMPLAINT ISSUED DATE OF OFFENSE 02/26/2021 10/31/2020 OFFENSE CITY/ TOWN ARREST DATE OFFENSE ADDRESS NEXT EVENT DATE & TIME Agawam POLICE DEPARTMENT POLICE INCIDENT NUMBER AGAWAM PD 21-78-AR - PCF NUMBER OBTN DEFENDANT XREF ID NEXT SCHEDULED