Town of Burlington v. McCarthy, 60 Mass. App. Ct. 914 (2004) quoting City of Cambridge, 43 Mass. App. Ct. 300, 304-305 (1997). It is not for the Commission to assume the role of super-appointing agency, and to revise those employmen t determinations with which the Commission may disagree. Town of Burlington, 60 Mass. App. Ct. 914 (2004).

See Town of Burlington, 5 MLC 1234, 2 1237 (1978). In the present case, the evidence may show that the petitioned-for employees are not really managers as defined by G.L. c.150E, sec. 1 and therefore should not be deprived of their right to representation afforded by G.L. c. 150E.

The only proceedings is. when time individuals have standing in Board representation a decertification petition is filed, see 456 CMR 14.04, or, in Ruling on Motion to Dismiss Employees Request to MCR-06-5205 Reinvestigate (cont'd) the by this presented circumstances rare when case, individual an seeks See, e.g., Town of Burlington reinvestigation of a certified unit pursuant to 14.15. and Thomas Short, 5 MLC 1234 (1978).

Moreover, there is nothing in the case of Town of Burlington, 5 MLC 1234 (1978), raised by the CERB Chair at the prehearing conference, that requires a different result. In that case, the petitioner was an individual challenging the continuing validity of a mixed bargaining unit from which he was excluded. The petitioners first attempt to raise this issue was dismissed by the Board on August 11, 1976.

Town of Burlington, 5 MLC 1234 (1978), There, the employer raised a procedural issue and asserted that the Commission had no power to reconsider a decision to dismiss an employees petition regarding the appropriateness of a bargaining unit from which he had been excluded. The Commission noted as follows: [I]t is incumbent upon the Commission to rectify situations when it is brought to its attention that its prior decision is in error.

Town of Burlington, 35 MLC 18, 25, MUP-04-4157 (June 30, 2008), affd sub nom. Town of Burlington v. Commonwealth Employment Relations Board, 85 Mass. App.

Town of Burlington, 35 MLC 18, 25, MUP-04-4157 (June 30, 2008) affd sub nom., Town of Burlington v. Commonwealth Employment Relations Board, 85 Mass. App.

Town of Burlington, 35 MLC 18, 25, MUP-04-4157 (June 30, 2008), aff'd sub nom., Town of Burlington v. Commonwealth Employment Relations Board, 85 Mass. App. Ct. 1120 (May 19, 2014); Commonwealth of Mass., 27 MLC 1, 5, SUP-4304 (June 30, 2000).

Town of Burlington, 35 MLC 18, 25, MUP-04-4157 (June 30, 2008), aff'd sub nom., Town of Burlington v. Commonwealth Employment Relations Board, 85 Mass. App. Ct. 1120 (May 19, 2014); Commonwealth of Mass., 27 MLC 1, 5, SUP-4304 (June 30, 2000). As an investigatory exhibit, the Union provided Kress resume.

Town of Burlington, 35 MLC 18, 25, MUP-04-4157 (June 30, 2008), aff'd sub nom., Town of Burlington v. Commonwealth Employment Relations Board, 85 Mass. App. Ct. 1120 (May 19, 2014); Commonwealth of Massachusetts, 27 MLC 1, 5, SUP-4304 (June 30, 2000).

Town of Burlington, 35 MLC 18, 25, MUP-04-4157 (June 30, 2008), affd sub nom., Town _ of Burlington _v. Commonwealth Employment Relations Board, 85 Mass. App. Ct. 1120 (May 19, 2014); Commonwealth of Massachusetts, 27 MLC 1, 5, SUP-4304 (June 30, 2000).

Town of Burlington, 35 MLC 18, 25, MUP-04-4157 (June 30, 2008), aff'd sub nom., Town of Burlington v. Commonwealth Employment Relations Board, 85 Mass. App. Ct. 1120 (May 19, 2014); Commonwealth of Massachusetts, 27 MLC 1, 5, SUP-4304 (June 30, 2000).