Town of Falmouth v, Civil Service Commission, 61 Mass. App. Ct. 796, 800 (2004). 16 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.

Town of Falmouth, 20 MLC 1555 (1994), aff'd sub nom. Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997); Commonwealth of Massachusetts, 36 MLC 65 (2009).

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). 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 (CERB) will conclude that no repudiation has occurred.

.); Town of Falmouth, 20 MLC 1555, 1559 (1994) (An employers failure or refusal to implement the unambiguous terms of a collective bargaining agreement amounts to repudiation of the agreement and constitutes a violation of the duty to bargain in good faith.).

See, Town of Falmouth v. Civil Service Commission, 447 Mass. 814, 821-822 (2006); Gateley's Case, 415 Mass. 397, 399 (1993)(deference shall be given by a court to the reasonable interpretations of an agency of the rules and statutes the agency is charged with administering). Walsh's appeal to the Commission was filed within ten days of that date.

As the Supreme Judicial Court noted in the case of Town of Falmouth y, Civil Service Commission & another, 447 Mass. 814, 823 (2006), ... a litigant could initiate a proceeding with an untimely notice of appeal; such a proceeding would then be disposed of properly through a motion to dismiss.

General Counsel Woods Hole, Martha's Vineyard and Nantucket Steamship Authority 22 Palmer A venue Falmouth, MA 02543 Dear Attorney Kenneally: I have received the petition of Wheeler Cowperwaite appealing the response of the Steamship Authority (Authority) to a request for public records. G. L. c. 66, 1OA; see also 950 C.M.R. 32.08(1). Specifically, on June 11, 2019, Mr.

Ct. 1107 (1983)... eee 1] Town of Falmouth, 20 MLC 1555 (1994), aff'd sub nom. Town of Falmouth v. LRC, 42 Mass. App. Ct. 1113 (1997)... eee cence 9 Town of Ipswich, 11 MLC 1403 (1985), aff'd sub nom. Town of Ipswich v. LRC, 21 Mass. App.

Town of Falmouth, 20 MLC 1555 (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 CERB will conclude Massachusetts, 18 MLC that no repudiation 1161, 1163 (1986). has occurred.

Town of Falmouth v. Civil Service Commission, 61 Mass. App. Ct. 796, 800 (2004). The Commissions decision, however, must be supported by substantial evidence. G.L. c. 30A 14(7). Substantial evidence is such evidence as a reasonable mind might accept as adequate to support a conclusion, taking into account whatever in the record detracts from its weight. G.L. c. 30A, 1(6); Lycureus v.

Town of Falmouth v.

See 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). The fact that that the School Committee was expected to follow the terms of the expired CBA or bargain any change does not establish that there was any binding agreement which could be repudiated.