Town of Falmouth y. 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 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 Joseph T.

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 y.

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 vy.

(citing Town of Falmouth, 20 MLC 1555, MUP8114 (May 16, 1994), affid 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. See Town of Ipswich, 11 MLC 1403, 1410, MUP-5248 (February 7, 1985), aff'd sub nom.

(citing Town of Falmouth, 20 MLC 1555, MUP8114 (May 16, 1994), affid 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. See Town of Ipswich, 11 MLC 1403, 1410, MUP-5248 (February 7, 1985), affid sub nom.

Town of Plymouth, 33 MLC 23, 25 (2006); Town of Falmouth, 20 MLC 1555 (1994), aff'd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. (1997). App. Ct. 1113 City of Boston, 40 MLC 126, 131 (H.O., 2013). The collective jurisdiction include[s] bargaining agreement unambiguously those individuals employed perform the duties of paras... provides by the Committee who that the Unions now or hereafter Stipulation, 10.

Town of Falmouth, 20 MLC 1555, MUP-8114 (May 16, 1994), affd sub nom. Town of Falmouth v. Labor Relations Commission, 42 Mass. 1113 (1997). App. Ct. 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), affid 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 (1994), afTd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997). Ifthe 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 occmTed. Commonwealth ofj\;Jassachusetts, 18 MLC 1161, 1163 (1986).

Id., quoting Town of Falmouth v. Civil Service Comm'n, 447 Mass. 814, 823 (2006) (emphasis added). Alternatively, the employee may show that his termination was based ... upon any factor or conduct on the part of the employee not reasonably related to the fitness of the employee to perform in his position . . ... Race may easily qualify as a factor.

Town of Falmouth v. Civil Serv. Commn., 61 Mass. App. Ct. 796, 800 (2006) (quoting Cambridge v. Civil Serv. Commn., 43 Mass. App. Ct. 300, 304 (1997)) rev. den. 426 Mass. 1102 (1997). Disciplinary Appeals Under G.L. c. 31, 43, the Commission is required to conduct a de novo hearing for the purpose of finding the facts anew. Falmouth v. Civil Serv. Commn., 447 Mass. 814, 823 (2006).

Town of Falmouth v. Civil Service Commn, 61 Mass. App. Ct. 796, 800 (2004); Town of Watertown, 16 Mass. App. Ct. at 334.