In 1994, the Appellant was appointed as a permanent, full-time firefighter in the Citys Fire Department. He was promoted to lieutenant in 2000; fire captain in 2007; and Deputy Fire Chief / Executive Officer in 2017. (Testimony of Appellant; Exhibit 42) 6.
Falmouth v. Civil Serv. Commn, 447 Mass. 814, 823 (2006). Further, [t]he commission does not act without regard to the previous decision of the appointing authority, but rather decides whether there was reasonable justification for the action taken by the appointing authority in the circumstances found by the commission to have existed when the appointing authority made its decision. Id. at 824 (quoting Watertown v.
City of Quincy, 19 MCSR 1 (2006), decision affd, 2007 WL 5445210 (Mass.Sup.Ct.), judgment affd, 73 Mass.App.Ct. 1122 (2009) (unpublished), the Commission upheld the bypass of a candidate for appointment as a firefighter who was an occasional smoker.
Johnson, informed then-City Manager OBrien of the reasons for the most recent selections and bypasses for Firefighter positions. (Ex. 36) With respect to the Appellant, Ms.
5 documents · ·Department of Labor Relations ·
(citing Town of Falmouth, 20 MLC 1555, MUP8114 (May 16, 1994), aff'd sub nom. Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997)). To determine whether the parties reached an agreement, the Commonwealth Employment Relations Board (CERB) considers whether there has been a meeting of the minds on the actual terms of the agreement. See Town of Ipswich, 11 MLC 1403, 1410, MUP-5248 (February 7, 1985), affid sub nom.
The deputy director of the department conducted an internal investigation, including interviews with the two firefighters who were present during the incident, and interviews with both Quintin and Norcross in the presence of a union steward, Quintin reiterated her allegation both orally and in a written report, but Noreross denied it, Quintin also, on her own initiative, reported the matter to the state licensing body.
Drummys report, concerning alleged retaliatory threats in or about 2003 against Tewksbury firefighters, were not supported by any direct evidence. Sgt. Chase gave no testimony on that subject. The 2003 contemporaneous official MSP administrative logs, arrest reports and citations show that Tpr. Sweet duly stopped several Tewksbury residents for legitimate reasons (including one for possession of heroin).
, impolite, contemptuous or insolent to a superior officer, fellow officer or to a member of the public is prohibited. 4 The Commission determined that modification of the discipline was warranted because Aiellos behavior did not amount to insubordination, a more serious offense, and so that the discipline imposed in his case corresponded to discipline posed in other instances of discourteousness but not insubordination, citing a case in which a firefighter
In addition, I take administrative notice of two (2) decisions that the Respondent submitted with its post-hearing brief: Lawrence v Lawrence Firefighters, Local 146 IAFF, Essex Superior Court C.A. No. 2017-0163-B and Clancy v Brockton Public Schools, 18 MCSR 66 (2005).
Town of Falmouth et al., 39 MLC 347, 350, MUP-12-1749, et al. (April 29, 2013), affd Town of Falmouth, 40 MLC 116 (September 25, 2013). Section 21(a) describes the voting methods by which an employer electing to change health insurance benefits under sections 22 or 23 shall do so.