See City ofBoston, 8 MLC 1872, 1875, MUP-3994 (February 25, 1982) (employees activity is protected if it focuses on generally applicable terms and conditions of employment that impact the bargaining unit as a whole). Similarly, probable cause exists to believe that the Employer took adverse action against Demers.
Municipal Court of the City ofBoston, 359 Mass. 211, 214 (1971) Gnternal quotations and citation omitted). In cases involving the bypass of a candidate on a civil service List in favor of another candidate ranked lower on the list, it is appropriate to consider the comparative qualifications of each candidate in determining whether the appointing authority has _ demonstrated reasonable justification.
Municipal Ct. of the City ofBoston, 359 Mass. 214 (1971). In determining whether the Appointing Authority had reasonable justification to take the action of bypassing the Appellant, the Commission must consider the fundamental purpose of the Civil Service System which is to protect against overtones of political control, objectives unrelated to merit standards and assure neutrally applied public policy.
Municipal Ct. of the City ofBoston, 359 Mass. 214 (1971). In determining whether the Appointing Authority had reasonable justification to take the action of bypassing the Appellant, the Commission must consider the fundamental purpose of the Civil Service System which is to protect against overtones of political control, objectives unrelated to merit standards and assure neutrally applied public policy.
Municipal Ct. of the City ofBoston, 359 Mass. 214 (1971). In determining whether the Appointing Authority had reasonable justification to take the action of bypassing the Appellant, the Commission must consider the fundamental purpose of the Civil Service System which is to protect against overtones of political control, objectives unrelated to merit standards and assure neutrally applied public policy.
Municipal Ct. of the City ofBoston, 359 Mass. 214 (1971). In determining whether the Appointing Authority had reasonable justification to take the action of bypassing the Appellant, the Commission must consider the fundamental purpose of the Civil Service System which is to protect against overtones of political control, objectives unrelated to merit standards and assure neutrally applied public policy.
Municipal Ct. of the City ofBoston, 359 Mass. 211, 214 (1971). In making that analysis, the commission must focus on the fundamental purposes of the civil service system to guard against political considerations, favoritism, and bias in governmental employment decisions, including, of course, promotions, and to protect efficient public employees from political control. Id.
Municipal Ct. of the City ofBoston, 359 Mass 214 (1971). A preponderance of the evidence test requires the Commission to determine whether on the basis of the evidence before it, the Appointing Authority has established that the reasons assigned were more probably than not sound and sufficient. Mayor of Revere v. Civil Service Commission, 31 Mass. App. Ct. 315 (1991).
City ofBoston 33 MLC 1 (2006). As discussed below, the district was permitted to implement its proposed changes due not only to exigent circumstances, but also after the CTA waived its opportunity to bargain by willfully engaging in obstructionist behavior. In support of its Charge, the Association makes the following allegations, none of which are supported by the evidence: The district engaged in perfunctory and substanceless bargaining.