Town of Falmouth, 20 MLC 1555, MUP-8114 (May 16, 1994), aff'd sub nom. Town of Falmouth 19 v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997); Commonwealth 20 Massachusetts, 36 MLC 65, SUPL-03-3008 (January 31, 2009). 16 of H.O. Decision (cont'd) MUP-13-2797 In order for the parties to have an agreement, there must be a meeting of the minds on the actual terms of the agreement.

Town of Falmouth, 20 MLC 1555, MUP-8114 (May 16, 1994), aff'd sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App. Ct. 1113 (1997).

Town of Falmouth v. Civil Service Commn, 447 Mass. 814, 823 (2006) and cases cited. It is also a basic tenet of the merit principle which governs Civil Service Law that discipline must be remedial, not punitive, designed to correct inadequate performance and separating employees whose inadequate performance cannot be corrected. G.L.c.31,1. It is the purview of the hearing officer to determine credibility of testimony presented to the Commission.

Town of Falmouth v. Civil Service Comm'n, 447 Mass. 814, 823 (2006). Clark v. Boston Housing Authority, 24 MCSR 193 (2011), Clark v. Boston Housing Authority, Suffolk Superior Court, C.A. No. SUCV2011-2554E, affd (Feb. 13, 2015).

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, 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 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 of 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). 11 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 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 Serv. Comm'n, 61 Mass. App. Ct. 796, 800 (200) (quoting Cambridge vy. Civil Serv. Commn., 43 Mass.App.Ct. 300, 304 (1997)). 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).