Town ofFalmouth, 26 MCSR 488 (2013) and cases cited, affd, SUCV13-4382 (2014); Gonsalves v. Town of Falmouth and cases cited, 25 MCSR 231 (2012), affd, SUCV12-2655 (2014); Keating v. Town of Marblehead, 24 MCSR 334 (2011) and cases cited. Providing incorrect or incomplete information on an employment application does not always equate to untruthfulness.
Town ofFalmouth, 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 ofFalmouth, 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 ofFalmouth, 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.).
As the Supreme Judicial Court noted in the case of Town ofFalmouth 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.
See, Town ofFalmouth 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.
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 ofFalmouth, 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 ofFalmouth, 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 ofFalmouth 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.
See Town ofFalmouth v. Civil Service Commission, 447 Mass. 814, 826-27 (2006). 19 Having concluded that the Appellant has been untruthful regarding the events of December 29, 2004, the question before the Commission is whether the Town had reasonable justification to terminate the Appellant in this case.