Commonwealth of Massachusetts, 15 26 MLC 165, 168, SUP-3972 (March 13, 2000) (citing City of Quincy, 17 MLC 1603, MUP- 16 6710 (March 20, 1991); Massachusetts Board of Regents of Higher Education, 10 MLC 24 Of the top twenty-nine applicants on the promotional list for lieutenant, the Employer bypassed seventeen applicants, who were ranked 2nd, 3rd, 6th, 7th, 8th, 11th, 12th, 13th, 15th, 16th, 17th, 18th, 19th, 20th, 21st, 23rd and 25th. 25 The Employer