Ct. 473, 477 (1995); City ofLeominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). 18 HRD was not required to issue a certification to the City of Fall River from an eligibility list that was scheduled to expire the next day. To do so could only have been arbitrary and capricious.
City of Beverly, 78 Mass.App.Ct. at 187 (quoting City ofLeominster v. Stratton, 58 Mass.App.Ct. 726, 728, rev. den., 440 Mass. 1108 (2003)). The commissions task, however, is not to be accomplished on a wholly blank slate. Falmouth v. Civil Serv. Commn, 447 Mass. 814, 823 (2006).
Ct. at 187 (quoting City ofLeominster v. Stratton, 58 Mass. App. Ct. 726, 728, rev. den., 440 Mass. 1108 (2003)). The commissions task, however, is not to be accomplished on a wholly blank slate. Falmouth v. Civil Serv. Commn, 447 Mass 814, 823 (2006).
Id. at 187 (quoting City ofLeominster v. Stratton, 58 Mass.App.Ct. 726, 728, rev. den., 440 Mass. 1108 (2003)). The commissions task, however, is not to be accomplished on a wholly blank slate. Falmouth v. Civil Serv. Commn, 447 Mass. 814, 823 (2006).
The City further claims that it had no bargaining obligation because the time clock systems implementation was not accompanied by a new, changed stringent practice, as required by City ofLeominster, 3 MLC We disagree. 1977). 1579, and more 1581-1582 (H.O.
Ct. 411 (2000); City ofLeominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). An action is justified when it is done upon adequate reasons sufficiently supported by credible evidence, when weighed by an unprejudiced mind; guided by common sense and by correct rules of law. Id. at 304, quoting Selectmen of Wakefield v. Judge of First Dist. Ct. of E. Middlesex, 262 Mass. 477, 482 (1928); Commissioners of Civil Service v.
Ct. 411 (2000); City ofLeominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). An action is justified when it is done upon adequate reasons sufficiently supported by credible evidence, when weighed by an unprejudiced mind; guided by common sense and by correct rules of law. Id. at 304, quoting Selectmen of Wakefield v. Judge of First Dist. Ct. of E.
City ofLeominster, 23 MLC 62, 66 (1996) (citing Hanson School Committee, 1671 considered implement in changes determining whether in terms and impasse has 5 MLC (1979)). Factors been reached include: bargaining history, the good faith of the parties, the length of negotiations, the importance of the issues to which there is disagreement and the contemporaneous understanding of the parties concerning the state of the negotiations.
Counsellors at Law 6 Grove Avenue Leominster, MA 01453 Appearance for Respondent: Eamonn Sullivan, Esq. Department of Correction 50 Maple Street Milford, MA 01757 Commissioner: Angela C. McConney SUMMARY OF DECISION The Commission denied the Appellants bypass appeal, finding that the Department of Correction had reasonable justification to bypass him for original appointment to the position of correction officer because of his prior misconduct.