Town of Falmouth, 20 MLC 1555, MUP-8114 (May 16, 1994), affd sub nom., Town of Falmouth v. Labor Relations Comm'n, 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 (Board) will conclude that no repudiation has occurred.

Town of Falmouth, 26 MCSR 488 (2013) and cases cited, affd, SUCV13-4382 (2014); Gonsalves v. Town of Falmouth and cases cited, 25 16 MCSR 231 (2012), affd, SUCV12-2655 (2014); Keating v. Town of Marblehead, 24 MCSR 334 (2011) and cases cited. Providing incorrect or incomplete information during the hiring process does not automatically equate to untruthfulness.

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.

See, e.g., Town of Falmouth v. Civil Service Commn, 447 Mass. 814, 823, (2006); Police Dept of Boston v. Collins, 48 Mass.App.Ct. 411, rev.den., 726 N.E.2d 417 (2000); McIsaac v. Civil Service Commn, 38 Mass App.Ct.473,477 (1995); Town of Watertown v. Arria, 16 Mass.App Ct. 331,334, rev.den.,390 Mass. 1102 (1983).

The Towns refusal to abide by the collectively bargained agreement and its unambiguous terms violates the duty to bargain in good faith (See Town of Falmouth, 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)). This repudiation is a violation of Section 10(a)(5), and derivatively Section 10(1) of the Law. 13.

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 DLR will conclude that no repudiation has occurred. Commonwealth of Massachusetts, 18 MLC 1161, 1163, SUP-3439 (October 16, 1991).

Commn, 43 Mass.App.Ct. 486, 488, 684 N.E.2d 620 (1997); Town of Falmouth v. Civil Serv. Comm'n, 447 Mass. 814, 823, (2006); Police Dep't of Boston v. Collins, 48 Mass.App.Ct. 411, rev.den., 726 N.E.2d 417 (2000); McIsaac v. Civil Serv. Comm'n, 38 Mass App.Ct.473,477 (1995); Town of Watertown v. Arria, 16 Mass.App.Ct. 331, 334, rev.den., 390 Mass. 1102 (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 Service Commn, 447 Mass. 814, 823 (2006) and cases cited. The Commissions role 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 Police Dept of Boston v.

E.g., Town of Falmouth & AFSCME, Council 93, AFL-CIO, 39 MLC 352, 355 (2013); Athol-Royalston Regl Sch. Dist. & Athol Teachers Assn, 26 MLC 51, 53-54 (1999).