Town of Falmouth, 20 MLC 1555, 1560, MUP-8114 (May 16, 1994); affd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997). To determine whether the parties reached an agreement, the Commonwealth Employment Relations Board (CERB) considers whether there has been a meeting of the minds on the actual terms of the agreement.

Town of Falmouth, 20 MLC 1555, MUP-8114 (May 6, 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, no repudiation has occurred. Commonwealth of Massachusetts, 18 MLC 1161, 1163, SUP-3439 (October 16, 1991).

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.

Town of Falmouth, 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. ANALYSIS The preponderance of the evidence presented to the Commission establishes that the NBPDs decision to bypass Mr.