Town of Falmouth, 20 MLC 1555, MUP-8114 (May 16, 1994), aff'd 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 (Oct. 23, 2009).

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 of Falmouth, 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 of Falmouth, 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 of Falmouth, 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 of Falmouth, 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 of Falmouth, 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.

Stratton, 58 Mass.App.Ct. 726, 728, rev.den., 440 Mass. 1108 (2003) (affirming de novo decision to reject appointing authoritys evidence of appellants failed polygraph test and prior domestic abuse orders and crediting appellants exculpatory testimony) with Town of Falmouth v. Civil Service Commn, 447 Mass. 814,823 (2006) (inconsequential differences in facts found did not make appointing authoritys justification unreasonable).

Town of Falmouth v. Civil Serv. Commn, 447 Mass. 814, 823 (2006). Here, the Commission does not act without regard to the previous decision of the town, 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. (citing Watertown v. Arria, 16 Mass. App. Ct. 331, 334 (1983)).

Town of Falmouth, 25 MCSR 231 (2012) (police officer discharged for untruthfulness and lapses in judgment); Waugaman vy. | Town of Falmouth, 25 MCSR 211 (2012) (firefighter discharged for carrying on extramarital affair at a fire station and lying about it); and MacHenry v.

Town of Falmouth 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.