Town of Falmouth v. Civil Serv. Commn, 447 Mass. 814, 823 (2006). Here, the Commission does not act without regard to the previous decision of the town, but rather decides whether 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. Id. (citing Watertown v. Arria, 16 Mass. App. Ct. 331, 334 (1983)).

Town of Falmouth v. Civil Serv. Commn, 447 Mass. 814, 823 (2006). Here, the Commission does not act without regard to the previous decision of the [appointing authority], but rather decides whether 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. Id. at 823-24 (citing Watertown v.

Town of Falmouth v. Civil Serv. Commn, 61 Mass. App. Ct. 796, 800 (2004). 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, 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, the Board will conclude that no repudiation has occurred.

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, the Board will conclude that no repudiation has occurred.

Town of Falmouth, 20 MLC 1555, MUP-8114 (May 16, 1994), affd 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 Dedham, 36 MLC 100, 106, MUP-05-4577, December 9, 2009 (citing Town of Falmouth, 20 MLC 1555, MUP-8114 (May 16, 1994), affd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997)). If the evidence is insufficient to find an agreement underlying the matter in dispute or if the parties hold differing good faith interpretations of the provision at issue, the CERB will not find a violation.

Town of Falmouth v. Civil Service Commission, 61 Mass. App. Ct. 796, 800 (2004). 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 v. Civil Service Commiss ion, 61 Mass. App. Ct. 796 (2004). It would not be open to this Court to reconsider, de novo, the correctn ess of the termination decision, or whether this Court might have reached a different judgment than DALA did in these individual cases. The reviewing court is bound...to accept the findings of fact of the commissions hearing officer, if supported by substant ial evidence. City of Leominster v.

Town of Falmouth v. Civil Service Commn, 447 Mass. 814, 823 (2006) and cases cited. The role of the Commission is to determine "whether the appointing authority has sustained its burden of proving that there was reasonable justification for the action taken by the appointing authority." City of Cambridge v. Civil Service Commn, 43 Mass.App.Ct. 300, 304, rev.den., 426 Mass. 1102 (1997). See also City of Leominster v.

Town of Falmouth v. Civil Service Commn, 447 15 Mass. 814, 823 (2006).