City of Leominster 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. City of Cambridge 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 of Leominster 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.

See also City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728, 792 N.E.2d 711, rev.den., 440 Mass. 1108, 799 N.E.2d 594 (2003); Police Department of Boston v. Collins, 48 Mass.App.Ct. 411, 721 N.E.2d 928, rev.den., 726 N.E.2d 417 (2000); McIsaac v. Civil Service Commn, 38 Mass App.Ct. 473, 477, 648 N.E.2d 1312 (1995); Town of Watertown v. Arria, 16 Mass.App.Ct. 331, 451 N.E.2d 443, rev.den., 390 Mass. 1102, 453 N.E.2d 1231 (1983).

Ct. 411 (2000); City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). Billerica, the appointing authority, failed to show that any of the time-off, taken by the appellant, was improper or unapproved. Indeed, the Appellant maintained a surplus or accumulated balance of unused sick leave during the relevant period.

Ct. 473, 477 (1995); City of Leominster 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.

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 of Leominster, 3 MLC We disagree. 1977). 1579, and more 1581-1582 (H.O.

City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). City of Beverly v. Civil Service Commission, 78 Mass. App. Ct. 182, 188 (2010). The record shows that the town of Dartmouth accused Sgt. Condez of four incidents of misconduct relating to: (1) an upgrade of the police departments computers in 2010; (2) a disruption of the police departments computers in 2013; (3) a polygraph examination of Sgt.

City of Leominster, 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.

WEBER COMMISSIONER Direct: oo (617) 988-6603 e-mail: felicia.sullivan@ state.ma.us June 6, 2014 | Chabre Barnaby 86 Belmont Road Leominster, MA 01453 Re: Results of 5/23/14 Grievance Meeting: Union Member Chabre Barnaby Dear Ms.