Town of Falmouth v. Civil Service Commn, (2006) and cases cited. appointing authority has The role of the Commission sustained its burden 447 Mass. 814, 823 is to determine of proving that there "whether the was reasonable justification for the action taken by the appointing authority." City of Cambridge v. Civil Service Commn, 43 Mass.App.Ct. 300, 304, rev.den., 426 Mass. 1102 (1997). See also City_of Leominster _v.
The Appellants background includes previous employment as a Boston Firefighter, an honorable discharge from the United States Army where he participated in Desert Storm and the past two years as a professional boxer, preceded by a heavyweight amateur boxing career in which he came close to making the United States Olympic Team. (Testimony of Appellant) 3.
A second document authorizes the City to perform the functions of certification from existing eligibility lists for all positions in the Official Service with the exception of entry level positions in the Fire Fighter and Police. Neither of these documents bears any signatures, official stamps or seals. (Exhibit 14A) 11.
During the 2007 municipal election, Mayor Koch met with representatives of the Executive Board of the Quincy Firefighters Union, Local 792 (Local 792) for the purpose of seeking a political endorsement. The evidence indicated that Local 792s rapport with the Phelan administration was not good, and the collective bargaining agreement between Quincy and Local 792 had expired, so firefighters then were working without a contract.
See, e.g., Falmouth v. Civ. Serv. Commn, 447 Mass. 814, 823 (2006); Police Dept of Boston v. Collins, 48 Mass. App. Ct. 411, rev. den., 726 N.E.2d 417 (2000). In performing its 43 review, however, the commission hears evidence and finds facts anew. Examining an earlier but substantially similar version of the same statute, the court in Sullivan v.
In Massachusetts Laborers District Council, James Medeiros v. the Town of Falmouth c# 01-17-0000-5316 (Appendix B), we have the identical issue being raised by Falmouth. In Article 2 Management Rights, a comparison reveals about the same language as illustrated in Article 6. There was no mention of Just Cause (Appendix C).
(See Comparative Audit- Tab 3, Dasey Report) The Report also included the layoff provisions of several collective bargaining agreements, including Brookline School; Cambridge School; Easton School; Falmouth School; Somerset School; and Woburn School. All have varying degrees of seniority-based layoff provisions, except for Brooklines more recent provisions.
(See Comparative Audit- Tab 3, Dasey Report) The Report also included the layoff provisions of several collective bargaining agreements, including Brookline School; Cambridge School; Easton School; Falmouth School; Somerset School; and Woburn School. All have varying degrees of seniority-based layoff provisions, except for Brooklines more recent provisions.
(See Comparative Audit- Tab 3, Dasey Report) The Report also included the layoff provisions of several collective bargaining agreements, including Brookline School; Cambridge School; Easton School; Falmouth School; Somerset School; and Woburn School. All have varying degrees of seniority-based layoff provisions, except for Brooklines more recent provisions.
Falmouth v. Civil Serv. Commn, 447 Mass. 814, 823 (2006). The issue for the Commission is not whether it would have acted as the appointing authority had acted, but 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. Watertown v. Arria, 16 Mass.App.Ct. 331, 334, rev. den., 390 Mass. 1102 (1983).
Patrick Wallace testified that his father was a firefighter in Beverly until 1995 and that his father served as a local union president for over twenty years. According to the Appellant, his father didnt get along with the current mayor as a result of various issues relating to collective bargaining negotiations. (Testimony of Appellant) 60.