| | Sincerely, Sabre A, Ibrahim Director Department of Transitional Assistance Plymouth Area Office 61 Industrial Park Road Plymouth, Ma. 02360 508-732-3119

Sweeney, Esquire 311 Village Green North, Suite A4 Plymouth, MA 02360 Administrative Magistrate: Judithann Burke CASE SUMMARY The Appointing Authority, Worcester Public Schools, proved that there was just cause to terminate the employment of the Appellant, a Bus Monitor.

Sweeney, P.C. 311 Village Green North Suite A4 Plymouth, MA 02360 (508) 747-4224 (508) 747-4221 Dated: July 2, 2021 Certificate of Service I hereby certify that I have served a copy of the within Answer by electronic mail upon Complainants counsel, James Racine, Esquire, Sandulli Grace, P.C. (jracine@sandulligrace.com). Dated: July 2, 2021 /s/ Sean P. Sweeney ______________________________ Sean P. Sweeney, Esquire 4

Name Address (street and no., city/town, state, and ZIP code) |Telephone Number Sean Sweeney, Esq. 311 Village Green North, Plymouth MA 02360 508-747-4224 Method of Service LI] Signatur In hand First Class Mail P Other (specify): Email n making Certification Telephone Number 617-877-1756 The DLR does not discriminate on the basis of disability in access to its services.

The Town asserts that the hearing officer relied on the Town of Plymouth, 40 MLC 179, 182 (Dec. 2013) and Town of Tewksbury, 19 MLC 1189, 1191 (1992) cases to determine that Ms. Newtons overtime was regularly scheduled. The Town further asserts that the above referenced cases are remarkably different from the facts in this case. However, the Union demonstrated that Ms.

See e.g., Town of Plymouth, 40 MLC 179, 182, MUP-06-4814 (December 30, 2013) (bargaining unit members had consistent routine of loading and hauling scrap metal on overtime basis to meet ongoing need over course of years); see also Town of Tewksbury, 19 MLC 1189, 1191, MUP-6923 (August 14, 1992) (the overtime at issue was scheduled overtime and not unscheduled overtime because employees were able to anticipate the availability of a certain number of

In reaching this conclusion the investigator cites to Town of Plymouth. 40 MLC 179, 182 (Dec. 2013) and Town of Tewksburv. 19 MLC 1 189, 1191 (1992).

Town of Plymouth and AFSCME, Council 93, MUP-05-4523 (Order of Affirmation of Prior Dismissal, August 22, 2007)(attached hereto). 1328272_1 1 Respondent believes that the Department applied the correct legal standards to the counts in this matter. Furthermore, the Investigator did accurately describe the investigative conference and the evidence material to each count.

Sweeney, P.C. 311 Village Green North Suite A4 Plymouth, MA 02360 (508) 747-4224 (508) 747-4221 Dated: April 3, 2023 Certificate of Service 2 I hereby certify that I have served a copy of the within Answer upon counsel to the Complainant, Rich Mullane, by electronic transmission on this date. Dated: April 3, 2023 /s/ Jonathan R. Atwater ______________________________ Jonathan R. Atwater, Esquire 3

General Counsel Plymouth County Sheriffs Department 24 Long Pond Road Plymouth, MA 02360 Dear Attorney Lee: I have received the petition of Dana Gottesfeld appealing the response of the Plymouth County Sheriffs Department (Department) to a request for public records. G. L. c. 66 lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms.

Sweeney, Esq. 311 Village Green North: Suite A4 Plymouth, MA 02360 Commissioner: Cynthia A. Ittleman DECISION Pursuant to G.L. c. 31, 43, the Appellant, Robert Coakley (Mr. Coakley), filed a timely appeal with the Civil Service Commission (Commission) on December 21, 2012, contesting the decision of the Worcester Public Schools (District) to suspend him from his position as a Senior Building Custodian for fifteen (15) days.

See, e.g., Town of Plymouth, 26 MLC 220, 223, MUP-1465 (June 7, 2000): City of Fall River, 20 MLC 1352, 1358, MUP-7659 (January 6, 1994). The Board will not lightly infer a waiver of the right to bargain over a mandatory subject of bargaining. Whitman-Hanson Regional School Committee, 10 MLC 1283, 1285, MUP-5170 (October 28, 1983).

See, e.g., Town of Plymouth, 26 MLC 220, 223, MUP-1465 (June 7, 2000): City of Fall River, 20 MLC 1352, 1358, MUP-7659 (January 6, 1994). The Board will not lightly infer a waiver of the right to bargain over a mandatory subject of bargaining. Whitman-Hanson Regional School Committee, 10 MLC 1283, 1285, MUP-5170 (October 28, 1983).