Town ofFalmouth, 20 MLC 1555, MUP-8114 (May 16, 1994), affd_ sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997); Commonwealth of Massachusetts, 36 MLC 65, 68, SUP-05-5191 (October 23, 2009). The Union alleges that Tremblay was seen performing overtime, but it offers no factual information to establish that the City is refusing to abide by the terms of Article 19.
Town ofFalmouth v. Civil Service Commission, 61 Mass. App. Ct. 796, 800 (2004). The issue for the Commission is "not whether it would have acted as the appointing authority had acted, but whether, on the facts found by the commission, 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 vy.
Town ofFalmouth v. Civil Service Commission, 61 Mass. App. Ct. 796, 800 (2004). The Commission does not possess the authority to substitute its judgment about a valid exercise of discretion based on merit or policy considerations by an appointing authority. Id.
Town ofFalmouth v. Civil Service Commission, 61 Mass. App. Ct. 796, 800 (2004). 11 The issue for the Commission is "not whether it would have acted as the appointing authority had acted, but whether, on the facts found by the commission, 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.
Town ofFalmouth v. Civil Service Commission, 61 Mass.App.Ct. 796, 800 (2004), The Commissions role, while important, is relatively narrow in scope: reviewing the legitimacy and reasonableness of the appointing authoritys actions. City of Reverly v. Civil Service Commission, 78 Mass. App. Ct. 182, 187 (2010). Such deference is especially appropriate with respect to the hiring of police officers.
Town ofFalmouth 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.
The Falmouth Decision The intersection between M.G.L. c. 150E and M.G.L. c. 32B, 21-23 was explored once before by the DLR in In the matter of Town ofFalmouth and Falmouth School Committee et al. and Falmouth Educators Association and AFSCME, Council 93, et al., 39 MLC 347 (2013) ("Falmouth").
The changes that the School Committee made were plan design changes that fell within the bounds of M.O.L. c. 32B, 21-23, and, thus, M.O.L. c. 150E obligations would not apply. 7 The intersection between M.G.L. c. 150E and M.G.L. c. 32B, 21-23 was explored once before by the Department in In the matter of Town ofFalmouth and Falmouth School Committee et al. and Falmouth Educators Association and AFSCME, Council 93, et al., 39 MLC 347 (2013) ("Falmouth
changes to health insurance coverage falls within the statutory authority unequivocally conferred upon it, and because Chapter 32B expressly removes the decision and the manner of implementation of that decision from the Law's collective bargaining requirements, the School Committee is not obligated to bargain over the decision itself or the manner in which to implement that decision. 5 See Lowell School Committee, 26 MLC 111, 113 (2000); see also Town
alternative to the traditional bargaining process for municipalities that seek to change health insurance plan design features, it does not supplant all collective bargaining in the health insurance arena The law preserves traditional bargaining obligations over some aspects of public employee health insurance plans and costs and removes the obligation to bargain over other plan design features Falmouth School Committee, 39 MLC 347, 350 (2013), affd Town
Town ofFalmouth, Complaint and Order of Dismissal (cont'd.) MUP-12-1494 20 MLC 1555 (1984); aff'd sub nom., Town ofFalmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997).
See also Town ofFalmouth v. Civil Service Commn, 447 Mass. 814, 826-27 (2006) (negative inference may be drawn against the appellant when he claimed 5th Amendment privilege against self-incrimination and refused to testify at a disciplinary hearing before the Appointing Authority) In sum, because the evidence established sufficient reason to find Mr.