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.

Town of Falmouth, 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.

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 Commn, 447 Mass. 814, 823 (2006) and cases cited. The Commissions role is to determine "whether the appointing authority has sustained its burden of proving that there 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 Police Dept of Boston v.

Town of Falmouth v. Civil Service Commn, 447 Mass. 814, 823, 857 N.E.2d 1053, 1059 (2006) and cases cited. The role of the Commission is to determine "whether the appointing authority has sustained its burden of proving that there 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.

City of Leominster, pp. 4-5 (emphasis added), citing 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).? See also In the Matter of City of Boston and Boston Pubic Library Professional Staff Association, 2018 WL 2739821 (MA LRC) at *10-11, MUP-16-5202 (May 29, 2018) (internal citations omitted).

Town of Falmouth v. Civil Service Commn, and cases cited. Service Law that governmental employment 447 Mass. 814, 823 (2006) It is also a basic tenet of the merit principle which governs Civil discipline must be remedial, 27 not punitive, designed to correct performance inadequate employees separating and whose performance inadequate cannot be corrected. G.L.c.31,1.

Board of Higher Education, 33 MLC at 158, citing Town of Falmouth, 20 MLC 1555 (1994), aff'd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997). The 2010 Agreement (copy attached as Exhibit B) provided Teixeira with an appointment to the Extra Services paid position of School Treasurer.

Board of Higher Education, 33 MLC MLC in at 158, citing Town of Falmouth, 20 1555 (1994), aff'd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997). The 2010 Agreement (copy attached as Exhibit B) provided Teixeira with an appointment to the Extra Services paid position of School Treasurer.