.: Town of Marblehead, 27 MLC 142, 145 (2001); City of Fall River, 26 MLC 13, 17 (1999); Lowell School Committee, 8 MLC 1010, 1013 (1981). The standard for severance constitutes a high bar.

Town of Marblehead, 12 MLC 1667, 1670 (1986); City of Boston v. Labor Relations Commission, 48 Mass. App. Ct. 169 (1999); Town of Mansfield, 25 MLC 14, 15 (1998); Board of Trustees, University of Massachusetts, 21 MLC 1795, 1802 (1995). In examining contractual clauses, the Commission first determines whether the language unambiguously waives bargaining over the subject matter under consideration. Town of Marblehead, 12 MLC 1667, 1670 (1986).

Town of Marblehead, 24 MCSR 334 (2011) and cases cited. Analysis The Respondent has established by a preponderance of the evidence that it had reasonable justification to bypass the Appellant. The Appellant was untruthful in December 2006 when he began a dating relationship with Ms. A and during the relationship. At the time, Ms.

Town of Marblehead, 24 MCSR 334 (2011) and cases cited. Providing incorrect or incomplete information on an employment application does not always equate to untruthfulness.

Ct. 169, 174 (1999); Massachusetts Board of Regents, 15 MLC 1265, 1269 (1988); Town of Marblehead, 12 MLC 1667, 1670 (1986). CERB has long held that it will not lightly infer waiver by inaction. See Town of Hudson, 25 MLC 143, 148 (1999). There must be a clear and unmistakable showing that such a waiver occurred through the bargaining process or the specific language of the agreement.

Town of Marblehead, 24 MCSR 334 (2011) and cases cited. ANALYSIS The preponderance of the evidence presented to the Commission establishes that the NBPDs decision to bypass Mr. Goldrick solely for perjuring himself on a 2006 LTC application was not reasonably justified because it was not based on a reasonably thorough review of the facts and was premised on a misunderstanding of applicable law. Mr.

Town of Marblehead, 24 MCSR 334 (2011) and cases cited. Analysis Both parties submitted post-hearing briefs, as noted above, and I considered both in depth and in detail. The Appellants brief was 27 pages long and contains statements asserting that the City exhibited bias against her personally in the police application process and that she has been mistreated in her employment experiences because of racism. I take Ms.

Ct. 169, 174 (1999); Massachusetts Board of Regents, 15 MLC 1265, 1269 (1988); Town of Marblehead, 12 on MLC 1667, 1670 (1986). A waiver by contract will not be lightly inferred. There must be a clear and unmistakable showing that such a waiver occurred through the bargaining NO process or the specific language of the agreement. City of Taunton, 11 MLC 1334, 1336 (1985). The initial inquiry focuses on the language of the contract.

Town of Mansfield, 25 MLC specifically permits 1265, 1269 (1988); Town of Marblehead, 14, 15 (1998). If the language clearly, unequivocally and the public employer to make of Worcester, 16 MLC 1327, the change, no further inquiry is 1333 If the (1989). language is ambiguous, the Board will review the parties' bargaining history to determine their intent. Peabody School Committee, 28 MLC 19, 21 (2001); Town of Marblehead, 12 MLC at 1670.

of Marblehead Town of Webster City of Springfield Watertown Public Schools South Hadley School Department Town of Carver Town of Marblehead City of Waltham Cambridge School Department Holden Police Department Department of Revenue Department Of Revenue Bureau of State Office Buildings Department of Correction Quincy College Department of Correction Department of Correction Town of Millis/Board of Selectmen Department of Correction City of Cambridge

Town of Marblehead, 24 MCSR 334 (2011) and cases cited. ANALYSIS New Bedford has established by a preponderance of the evidence that its decision to bypass the Appellant was reasonably justified after an impartial and reasonably thorough review of the 13 relevant facts. In particular, the evidence that New Bedford developed concerning Mr.