City of Peabody, 9 MLC 1447 (1982). A finding of unilateral change in a condition of employment requires at least three elements: 1) unilateral action, 2) an action that affects either wages, hours or other terms and conditions of employment, and 3) a change from a well-established past practice. Town of North Andover, 1 MLC 1103, 1106 (1974).

City of Peabody, 9 MLC 1447, MUP-4750 (November 17, 1982). Here, the Union did not show that the Employer imposed a fee for information requested pursuant to 150E. The Union requested the information pursuant to 150E and the Public Records Law.

See City of Peabody, impact a mandatory subject of bargaining. 9 MLC 1447 (1982). In addition, the change must See College of Billerica, 8 MLC 1957 (1982). This Department has held that work assignment, job duties and the transfer of unit work to non-unit personnel are mandatory subjects of bargaining. 1559 (1977).

City of Peabody, 9 MLC 1447, 1449, MUP-4750, was also obligated to bargain With respect to the Union's contention that the Town position salaried and exempt from over its decision to make the Facilities Manager pay and compensatory time, | find that receiving contractual overtime pay and call back obligation from the Town.

Town of Plymouth, 23 MLC 225, 227 (1996) (citing City of Peabody, 9 MLC 1447, 1449 (1982)). By law, the terms and conditions of employment are established by clear and unambiguous contract language. Commonwealth of Massachusetts, 46 MLC 207, SUP-16-5594 (2020) (citing City of Somerville, 44 MLC 123, 125, MUP-16-5023 (2018)).

City of Peabody, 25 MLC 191, 192-193 (1999). For an employee to be entitled to union representation, the meeting must be investigatory in nature. Commonwealth of Complaint and Partial Order of Dismissal (contd.) MUP-13-3153 Massachusetts, 22 MLC 1741, 1747 (1996).

Neither memo was punitive, warned Payne of future adverse action, or negatively impacted her wages, hours, or other terms or conditions of employmen +83 See City of Peabody, 28 MLC 281, 284, MUP-2162 (March 6, 2002).

Town of Tewksbury, 19 MLC 1189, 1191, MUP-6923 (August 14, 1992); City of Peabody, 9 MLC 1447, 1451, MUP-4750, MUP-4767 (November 17, 1982). However, if employees overtime hours are a byproduct of an employer's unpredictable, shifting staffing needs, then the Board will classify the overtime as unscheduled. Town of West Bridgewater, 10 MLC 1040, 1046, MUP-4470 (July 7, 1983), aff'd sub nom. W. Bridgewater Police Assn., 18 Mass. App.

City of Peabody, 9 MLC 144, MUP-4750 (November 17, 1982). The Union alleges that the Town presented it with a fait accompli and already made up its mind that it would move forward with the plan for reorganization. However, there is no evidence or even an allegation that the Town has implemented any part of its plan for reorganization. Nor does the evidence show that the Town has decided to make the changes alleged.

Kulak, Esq. 147 Russell Street Peabody, MA 01960 Commissioner: Christopher C. Bowman1 DECISION Pursuant to G.L. c. 31, 42 and 43, the Appellant, John OLeary (Mr.