A municipality is not required to continue to provide a police sergeant with the same opportunities to work overtime as the city has provided in the past. In November 2011, the city stopped assigning overtime in the detail room to Sergeant Joseph Murphy, who had been asked to work overtime since April 2009, to help with a backlog of work in the records division. The work required an individual who was experienced and who was willing to work long hours. After November 2011, Murphy received other assignments to work overtime and ranked number three, relative to other sergeants in the bargaining unit, in total overtime earnings in 2012 and in 2013 to date. The union filed a grievance. The collective bargaining contract provides that when another worker is "absent from duty" that overtime should "be distributed as equally as practicable." Murphy was assigned to work overtime in the records division because of a backlog and not because another worker was absent. No evidence exists that overtime was not distributed as "equally as practicable." The City of New Haven was not required to continue to provide Sergeant Murphy the same amount of overtime as it has previously. The arbitrator denied the union's grievance. Scott Nabel represented the municipality, and Dan Esposito represented the union.

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