Attorney at Law 147 Russell Street Peabody, MA 01960 Human Resources Divisions Attorney: Martha OConnor, Esq. Human Resources Division One Ashburton Place: Room 211 Boston, MA 02108 Commissioner: Christopher C.

Kulak 147 Russell Street Peabody, MA 01960 Appearance for the Human Resources Division Andrew Levrault, Esq. Human Resources Division One Ashburton Place Boston, MA 02108 Commissioner: Cynthia Ittleman1 DECISION ON MOTION TO DISMISS On September 12, 2013, the Appellant, Michael Griffin (Mr.

Attorney at Law 147 Russell Street Peabody, MA 01960 Human Resources Divisions Attorney: Martha OConnor, Esq. Human Resources Division One Ashburton Place: Room 211 Boston, MA 02108 Commissioner: Christopher C.

City of Peabody, 25 MLC 191, 192-193, MUP-9861 (May 20, 1999). For an employee to be entitled to union representation, the meeting must be investigatory in nature. Commonwealth of Massachusetts, 22 MLC 1741, 1747, SUP-4105 (May 16, 1996). The right to union representation attaches when the employee reasonably believes that the investigation will result in discipline and the employee makes a valid request for union representation. Id.

City of Peabody, 9 MLC 1447, 4767, MUP4750 (Nov. 17, 1982) (scheduling of lunch period is a mandatory subject of bargaining). Additionally, the City informed Woodward of his work schedule and pre-set break periods without first giving the Union notice and an opportunity to bargain over this decision. However, the Union does not satisfy the first element in this analysis: that the City changed a past practice or instituted a new one.

Id. at 1963; City of Peabody, 9 MLC 1447, 1450 n.3 (1982). Frequently, unscheduled overtime is a by-product of an employer's staffing patterns. Suffolk County Sheriff's Dep't, 39 MLC 99, 100 (2012); City of Boston, 32 MLC 4, 12 (2005); Town of W. Bridgewater, 10 MLC 1040, 1046 (1983); Town of Billerica, 8 MLC at 1962. Weather related emergencies, by their very nature, are unscheduled events.

Appeals Court 550 (1984); City of Peabody, 9 MLC 1447 (1982). Plainly, snow removal is unscheduled by its very nature; anyone who has spend time in Massachusetts during winter months has experienced how unpredictable snowstorms and snow accumulation is in the State. The number of snow events, the amount of snow, and the time of day of a snow event vary greatly year to year and only a fool could expect a guarantee of snow removal overtime.

See City of Peabody, 9 MLC 1447 (1982). In addition, the change must impact a mandatory subject of bargaining. See College of Billerica, 8 MLC 1957 (1982). Section 6 of the Law requires public employers and employee organizations to negotiate in good faith about wages, hours, standards of productivity and performance, and any other term and condition of employment.

In order to satisfy the first element, the union must demonstrate that an actual change iin the existing condition of employment occurred, City of Peabody,.9 MLC 1447 (1982). b. Selection Criteria .

In its decision, the CERB likened the arraignment overtime to the overtime at issue in Town of Billerica, 8 MLC 1957 (1982), which was scheduled on an ad hoc basis, and contrasted it with the overtime at issue in City of Peabody, supra, 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.

In its decision, the CERB likened the arraignment overtime to the overtime at issue in Town of Billerica, 8 MLC 1957 (1982), which was scheduled on an ad hoc basis, and contrasted it with the overtime at issue in City of Peabody, supra, 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.

See City of Peabody, 28 MLC 281, 284, MUP-2162 (March 6, 2002). Here, Beders January 4th letter only broadly counseled DPW employees that a failure to participate in the Query process could possibly lead to discipline as it would result in the federally mandated suspension of their CDL-licenses, a mandatory condition of their employment.

He returned to the United States in 2017 and took a job as a cook, cashier and host for a Peabody MA restaurant. His personal, neighborhood and professional references uniformly vouched for his 5 One of the reasons stated for bypassing Mr. Cioffi each time was that the tattoos on his arm that would be visible when wearing an SPD uniform.