Town ofFalmouth, 20 MLC 1555 (1984), affd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997). However, the Board has long held that an individual employee has no standing to attempt to enforce an employer's duty to bargain. Quincy City Employees Union, H.L.P.E., 15 MLC 1340, 1355 (1989) aff'd. sub. nom. Pattison v. Labor Relations Commission, 309 Mass. App.
Repudiating a collectively bargained agreement by deliberately refusing to abide by or to implement an agreements unambiguous terms violates the duty to bargain in good faith, 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 (1987); Commonwealth of Massachusetts, 36 MLC 65, SUP-05-5191 (Oct. 23, 2009).
Town ofFalmouth, 20 MLC 1555, MUP-8114 (May 6, 1994), aff'd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997). If the evidence is insufficient to find an agreement or if the parties hold differing good faith interpretations of the language at issue, the Board will conclude that no repudiation has occurred. Commonwealth of Massachusetts, 18 MLC 1161, 1163, SUP-3439 (October 16, 1991).
Town ofFalmouth, 20 MLC 1555, MUP-8114 (May 6, 1994), aff'd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997). If the evidence is insufficient to find an agreement or if the parties hold differing good faith interpretations of the language at issue, the Commonwealth Employment Relations Board (Board) will conclude that no repudiation has occurred.
Town ofFalmouth, 20 MLC 1555, MUP-8114 (May 6, 1994), 7 Dismissal (cont.) SUP-20-8033 aff'd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997). If the evidence is insufficient to find an agreement or if the parties hold differing good faith interpretations of the language at issue, the Commonwealth Employment Relations Board (Board) will conclude that no repudiation has occurred.
(citing Town ofFalmouth, 20 MLC 1555, MUP3 Complaint and Partial Dismissal (cont.) 8114 (May 16, 1994), aff'd sub MUP-15-5021 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.
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 v.
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 v.
Town ofFalmouth v. Civil Service Commission, 61 Mass. App. Ct. 796, 801 (2004), quoting Boston Police Dept. v. Collins, 48 Mass. App. Ct. at 413. Moreover, a demonstrated willingness to fudge the truth in exigent circumstances is a significant problem, because [p]olice work frequently calls upon officers to speak the truth when doing so might put in question a stop ora search or might embarrass a fellow officer. Town of Falmouth, 61 Mass. App.