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. 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.
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. 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.
See also City ofLeominster v. Stratton, 58 Mass.App.Ct. 726, 728, rev.den., 440 Mass. 1108 (2003); Police Dept of Boston v. Collins, 48 Mass.App.Ct. 408, 411, rev.den., 726 N.E.2d 417 (2000); McIsaac v. Civil Service Commn, 38 Mass App.Ct. 473, 477 (1995); Town of Watertown v. Arria, 16 Mass.App.Ct. 331, rev.den., 390 Mass. 1102 (1983).
City ofLeominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003). The proper inquiry for determining if an action was justified 16 16 is, whether the employee has been guilty of substantial misconduct which adversely affects the public interest by impairing the efficiency of the public service. Murray v. Second Dist. Ct. of E. Middlesex, 389 Mass. 508, 514 (1983). School Committee of Brockton v. Civil Service Commission, 43 Mass. App.
MUP-8959, MUP8960, 23 MLC 71, 71 (1996); City ofLeominster, Nos. MUP-8528, MUP-8530, MUP-8534, MUP-8535, 23 MLC 62, 66 (1996)). Although a partys good faith expression of desire to continue bargaining is evidence to be considered, the Department must ultimately determine whether there is a likelihood of further movement by either side and whether the parties have exhausted all possibility of compromise.
City ofLeominster, 22 MCSR 118, 126 (2009). I accord considerable weight to the fact that none of the five restraining orders filed against the Appellant by his estranged former domestic partner were extended past the initial temporary order. Each of the restraining orders were granted without the Appellant being present before a judge. In addition, all the ex parte orders were filed by the same person, Ms.
City ofLeominster, 17 23 MLC 62, 66, MUP-8534, MUP-8535 (August 7, 1996) (citing Hanson School 18 Committee, 5 MLC 1671, MUP-2196 (February 27,1979)). 19 determining whether impasse has been reached include: bargaining history, the good 20 faith of the parties, the length of negotiations, the importance of the issues to which there 21 is disagreement, and the contemporaneous understanding of the parties concerning the 22 state of negotiations.
City ofLeominster, 23 MLC 62, 66 (1996) (citing Hanson School Committee, 1671 determining in whether terms impasse and an of in changes of concluding conditions considered implement the prospects (1979)).
Ashburnham- Westminster Regional School 29 Westborough, 25 81, MLC District, 88 (1997); MLC 191, 195 City ofLeominster, (2003) (citing Town MLC at 66)). Impasse 23 _of exists only where both parties have bargained in good faith on negotiable issues to the point where it is clear that further negotiations would be fruitless, because the parties are deadlocked.
The Employer will submit the monies by the tenth (10 th ) day of the following month to the U n i o n a t t h e f o l l o w i n g a d d r e s s 1 4 9 M e c h a n i c S t r e e t , Leominster, MA 01453. 2.2 All members of the bargaining unit who are not members of the Union shall be required to pay the Union Agency Fee, unless they become members of the union within 30 days of hiring.