MASON Taw 60 Law Office of Thomas Mason 15 New England Executive Park Burlington, MA 01803 (781) 238-0260 BBO# 55396 May 15, 2017 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that the foregoing complaint was sent to the New Bedford Housing Authority and Local Union 367 of the Laborers International Union of North America by fax, email, and by first class mail. ~ a THOMAS MASON May 1717, 12:11p Thomas R.

Mason, Esq. 15 New England Executive Park Burlington, MA 01803 Thomas B. Coffey, Esq.

Town of Burlington v. McCarthy, 60 Mass.App.Ct. 914, 915 (2004).

Town of Burlington and another v. McCarthy, 60 Mass. App. Ct. 914, 915 (2004). Disputed facts regarding alleged prior misconduct of an applicant must be considered under the preponderance of the evidence standard of review as set forth in the SJCs recent decision in Boston Police Dept v.

Town of Burlington, 60 Mass.App.Ct. 914, 915 (2004). Analysis The preponderance of the evidence established that the Towns decision to bypass the Appellant was made utilizing an impartial and reasonably thorough review and is reasonably justified.

CERTAIN POSITIONS IN THE TOWN OF BURLINGTON FROM THE CIVIL SERVICE Be it enacted by the Senate and House of Repres entatives in General Court assembled, and by the authority of the same as follows: SECTION 1. Notwithstanding any general or special law to the contrary, gil positions in the Town of Gurlington, including positions in the School Department, except uniformed positions within the Police and Fire laws.

Town of Burlington, 35 MLC 18, 25, MUP-04-4157 (June 30, 2008), aff'd sub nom. Town of Burlington v. Commonwealth Employment Relations Board, 85 Mass. App. Ct. 1120 (2014); Commonwealth of Massachusetts, 27 MLC 1, 5, SUP-4304 (June 30, 2000).

Town of Burlington, 35 MLC 18, 25, MUP-04-4157 sub nom. Town of Burlington v. Commonwealth (June 30, 2008), affd Employment Relations Board, 85 Mass. App. Ct. 1120 (2014); Commonwealth of Massachusetts, 27 MLC 1, 5, SUP-4304 (June 30, 2000).

See Town of Burlington, 35 MLC 18, 25 (2008), affd sub nom. Town of Burlington v. Comm. Employ. Rel. Bd., 85 Mass. App. Ct. 1120 11 (2014); Comm. of Mass., 20 MLC 1545, 1552 (1994).

Coleman, hereby certify that on this 4" day of February, 2015, I served a copy of the foregoing document, via first-class mail, postage prepaid upon Erin DeRenzis, Esq., AFSCME Council 93, North Shore Area Office, 7 Bedford Street, Unit A, Burlington, MA eee JoshudR. Coleman 01803.

Coleman, hereby certify that on this 4" day of February, 2015, I served a copy of the foregoing document, via first-class mail, postage prepaid upon Erin DeRenzis, Esq., AFSCME Council 93, North Shore Area Office, 7 Bedford Street, Unit A, Burlington, MA eee JoshudR. Coleman 01803.

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