Billerica, MA 01821 | Employee Organization (if any): NEW ENGLAND 8. 5. Fax Number PBA 7. Representative to contact 9. Telephone Number GARY G. NOLAN 978-454-3800 Address (street and No., city/town, state, and ZIP code) 133 MERRIMACK 10. Fax Number STREET 978-454-2767 11. This charge is filed against (check one) 12.
Town ofBillerica, 8 MLC at 1962. Unscheduled overtime exists where employees have no assurance that the employer will make a certain amount of overtime available to them. Id. at 1963; City of Peabody, 9 MLC 1447, 1450 n.3 (1982). Frequently, unscheduled overtime is a byproduct of an employers staffing patterns. Suffolk County Sheriffs Dep't, 39 MLC 99, 100 (2012); City of Boston, 32 MLC 4, 12 (2005); Town of W.
She specifically differentiates Town ofBillerica, 8 MLC 1957 and W. Bridgewater Police Ass'n, 18 Mass App. Ct. 550 because those two cases were situations where "overtime was a by-product of minimum manning staffing patterns."
Citing Town ofBillerica, 8 MLC 1957, 1962 (1981) and City of Peabody, 9 MLC 1447, 1450, n. 3. (1982), the Investigator also dismissed the charge on grounds that the Employer's decision to offer two EPO details in 2012 affected unscheduled overtime, a non- mandatory subject of bargaining.
She specifically differentiates Town ofBillerica, 8 MLC 1957 and W. Bridgewater Police Ass'n, 18 Mass App. Ct. 550 because those two cases were situations where "overtime was a by-product of minimum manning staffing patterns."
Town ofBillerica, 28 MCSR 171 (2015); Stockinger v. City of Quincy, 24 MCSR 416, 422 (2011); Lusignan v. City of Holyoke G & E Dept, 22 MCSR 137 (2009); Harrop v. Fall River School Comm., 22 MCSR 1 (2009) and cases cited. Analysis Brockton correctly asserts that the DPW is a single departmental unit for purposes of civil service law and rules.
Town ofBillerica, 28 MCSR 171 (2015); Stockinger v. City of Quincy, 24 MCSR 416, 422 (2011); Lusignan v. City of Holyoke G & E Dept, 22 MCSR 137 (2009); Harrop v. Fall River School Comm., 22 MCSR 1 (2009) and cases cited. Analysis Brockton correctly asserts that the DPW is a single departmental unit for purposes of civil service law and rules.
Ct. 550 (1984); Town ofBillerica, 8 MLC 1957, 1962, MUP-4000, MUP-4122 (March 19, 1982). The key distinction between scheduled and unscheduled overtime is the anticipated regularity of overtime. Town of Tewksbury, 19 MLC at 1191; see _also Secretary of Administration and Finance v. Commonwealth Employment Relations Board, 74 Mass. App.
Fax Number 365 Boston Rd, Billerica, MA 01821 6. Employee Organization {if any): AFSCME 8. Council 93 7. Representative to contact 9. Telephone Number Robert Van Campen, Esq. 617-367-6035 Address (street and No., city/town, state, and ZIP code) 8 Beacon Street, Boston, MA 02108 10. Fax Number 617-742-7666 11. This charge is filed against (check one) 12.
Devito Records & Scheduling Billerica Police Department 6 Good Street Billerica, MA 01821 Dear Sergeant Devito: I have received the petition of Altin Berxhiku requesting reconsideration of my January 23, 2024 determination pertaining to a request to Billerica Police Department (Department). See G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1). On January 3, 2024, Mr.
Devito Records & Scheduling Billerica Police Department 6 Good Street Billerica, MA 01821 Dear Sergeant Devito: I have received the petition of Altin Berxhiku appealing the response of Billerica Police Department (Department) to a request for public records. See G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1). On January 3, 2024, Mr.
Devito Sergeant Billerica Police Department 6 Good Street Billerica, MA 01821 Dear Sergeant Devito: I have received the petition of Altin Berxhiku requesting reconsideration of my January 10, 2025 determination pertaining to four requests to the Billerica Police Department (Department). See G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1). On December 20, 2024, Mr.
Devito Sergeant Billerica Police Department 6 Good Street Billerica, MA 01821 Dear Sergeant Devito: I have received the petition of Altin Berxhiku appealing the response of the Billerica Police Department (Department) to four requests for public records. See G. L. c. 66, 10A; see also 950 C.M.R. 32.08(1). On December 20, 2024, Mr.
The seminal cases regarding scheduled and unscheduled overtime are Town ofBillerica, Peabody, 9 MLC 8 MLC 1957 (1982)(unscheduled), and City of 1447 (1982)(scheduled). In Town ofBillerica, the Fire Department had historically assigned odd hours, or absences from shifts that had already commenced, from a list maintained at the central station. In September 1980 the Fire Chief instituted a rule prohibiting Captains from filling odd hours.
In its decision, the CERB likened the arraignment overtime to the overtime at issue in Town ofBillerica, 8 MLC 1957 (1982), which was scheduled on an ad hoc basis, and contrasted it with the overtime at issue in City of Peabody, 9 MLC 1447 (1982), where the employer eliminated a twelve-year practice of regularly paying police officers extra compensation at an overtime rate when they worked twenty minutes of their lunch period.
Labor Relations (1984) Comm'n, ............... 16, 17 ............... 15 .............. 16 .............02.005 16 Decisions 9 MLC 3 MLC MLC 1027 1694 1603 (1983) (1977) (1985) iii Town of West Commonwealth Bridgewater, of 10 MLC Massachusetts, Town ofBillerica, City of Peabody, Town of Lenox, 8 9 29 MLC MLC 1957 1447 1040 (1983) MLC 85 33 (1982) (1982) ..... (2006) ..... ............. ...... 17-20 ee ee MLC 51, 52 (2002) ee ec ee ee eee ee ee ee
guarantee that the employees will receive a certain amount of overtime wages and the latter as overtime [that] is assigned on an ad hoc basis even though the employees might be able to anticipate that overtime (citations omitted). hours will be available to them. 39 MLC at 205 After examining the facts of this case in light of the facts in other cases addressing the scheduled/unscheduled overtime issue, i.e., City of Peabody, 9 MLC 1447 (1982), Town
After examining the facts of this case in light of the facts in other cases addressing the scheduled/unscheduled overtime issue, i-e., City of Peabody, 9 MLC 1447 (1982), Town ofBillerica, 8 MLC 1957 (1982) and West Bridgewater, supra, the Hearing Officer held that, even though Wood and Webber may have been able to anticipate overtime hours on a weekly basis, their overtime hours were "unscheduled" and contingent on there being enough scrap metal
After examining the facts of this case in light of the facts in other cases addressing the scheduled/unscheduled overtime issue, i.e., City of Peabody, 9 MLC 1447 (1982), Town ofBillerica, 8 MLC 1957 (1982) and West Bridgewater, supra, the Hearing Officer held that, even though Wood and Webber may have been able to anticipate overtime hours on a weekly basis, their overtime hours were "unscheduled" and contingent on there being enough scrap metal
Devito Police Sergeant Records & Scheduling Billerica Police Department 6 Good Street Billerica, MA 01821 Dear Sergeant Devito: On March 19, 2025, this office received your petition on behalf of the Billerica Police Department (Department) seeking an extension of time to produce records. G. L. c. 66, 10(c); G. L. c. 66, 10(d)(iv); see also 950 C.M.R. 32.06(4).
Devito Police Sergeant Records & Scheduling Billerica Police Department 6 Good Street Billerica, MA 01821 Dear Sergeant Devito: On September March 27, 2025, this office received the petition of Altin Berxhiku seeking reconsideration of my March 24, 2025 determination pertaining to a request from the Billerica Police Department (Department). In multiple requests from March 13, 2025 to March 17, 2025, Mr.