City of Cambridge v. Civil Service Commn, 43 Mass. App. Ct. 300, 303-305, rev. den., 428 Mass. 1102 (1997) (emphasis added). However, the governing statute, G.L. c. 31, 2(b), gives the Commissions de novo review broad scope to evaluate the legal basis of the appointing authority's action and it is not necessary for the Commission to find that the appointing authority acted arbitrarily and capriciously. Id.

E.g., City of Cambridge v. Civil Service 300, 303-305, 682 N.E.2d 923, rev.den., 428 Mass. 1102, 687 N.E.2d 642 (1997) (Commission may not substitute its judgment for a valid exercise of appointing authority discretion, but the Civil Service Law gives the Commission some scope to evaluate the legal basis of the appointing authoritys action, even if based on a rational ground.). See Massachusetts Assn of Minority Law Enforcement Officers v.

City of Cambridge v. Civil Service Commission, 43 Mass. App. Ct. 300,304 (1997). See Town of Watertown v. Arria, 16 Mass. App. Ct. 331 (1983); McIsaac v. Civil Service Commission, 38 Mass. App. Ct. 473, 477 (1995); Police Department of Boston v. Collins, 48 Mass. App. Ct. 411 (2000); City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003).

City of Cambridge v. Civil Service Commission, 43 Mass. App. Ct. 300,304 (1997). See Town of Watertown v. Arria, 16 Mass. App. Ct. 331 (1983); McIsaac v. Civil Service Commission, 38 Mass. App. Ct. 473, 477 (1995); Police Department of Boston v. Collins, 48 Mass. App. Ct. 411 (2000); City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003).

City of Cambridge, 7 MLC 2111, MUP-3386 (May 6, 1981). If the CERB determines that deferral is inappropriate, it will resume processing the matter. Here, the Investigator investigated the charge and, after finding no probable cause to believe that a violation of the Law had occurred, dismissed the charge. See generally, M.G.L. c. 150E, 11.

City of Cambridge v. Civil Service Commn, 43 Mass. App. Ct. 300, 303-305, rev. den., 428 Mass. 1102 (1997).

City of Cambridge v. Civil Service Commn, 43 Mass. App. Ct. 300, 303-305, rev. den., 428 Mass. 1102 (1997).

City of Cambridge, 23 MLC 28, 36, MUP-9171 aff'd sub nom., Cambridge Police Superior Commission, 47 Mass. App. Ct. 1108 (1999). Officers Association to bargain to (June 28, 1996), v.

Sports See, City of Cambridge, 35 M.L.C. conduct will recur in 183, 186 (2009); see also, Metros v. Secretary of the Commonwealth, 396 Mass. 156, 159 (1985). Having won the second election, Ms. Gray no longer has a personal stake in the outcome of this charge. The remedy she seeks is that the original election results be certified and disclosed, and the second election halted immediately.

See City of Cambridge, 35 MLC 183, 186, MUP-04-4229 (March 4, 2009). Gray stated during the investigation that although she won the second election, she still wanted the first election to stand. Given that the second election already occurred and Gray won, there is no pending controversy. of this charge in now moot because she has won the election.

City of Cambridge, 7 MLC 2111, 2112, MUP-3386 (May 6, 1981). Deferral to an arbitration award is discretionary. Town of Wilmington, 9 MLC 1694, 1695, MUP-4688 (March 18, 1983). Here, the City argues that deferral is appropriate because the collective bargaining agreement covers the controversy in this case.