City ofCambridge v. Civil Service Commission, 43 Mass. App. Ct. 300, 304 (1997). See Town of Watertown v. Arria, 16 Mass. App. Ct. 331 (1983); McIsaac v. Civil Service Commission, 38 Mass. App. Ct. 473, 477 (1995); Police Department of Boston v. Collins, 48 Mass. App. Ct. 411 (2000); City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003).
City ofCambridge v. Civil Service Commission, 43 Mass. App. Ct. 300,304 (1997). See Town of Watertown v. Arria, 16 Mass. App. Ct. 331 (1983); McIsaac v. Civil Service Commission, 38 Mass. App. Ct. 473, 477 (1995); Police Department of Boston v. Collins, 48 Mass. App. Ct. 411 (2000); City of Leominster v. Stratton, 58 Mass. App. Ct. 726, 728 (2003).
City ofCambridge v. Civil Service Commission. 43 Mass. App. Ct. 300, 304 (1997). In order to show reasonable justification, the appointing authority must demonstrate that the employee has been guilty of substantial misconduct which adversely affects the public interest by impairing the efficiency of the public service. School Committee of Brockton v. Civil Service Commission, 43 Mass. App. Ct. 486, 488 (1997).
Municipal Ct. of Boston, 359 Mass. 211, 214 (1971); see also City ofCambridge, 43 Mass.App.Ct. at 304; Selectmen of Wakefield v. Judge of First Dist. Ct., 262 Mass. 477, 482 (1928). G.L. c. 31, 2(b) requires that bypass cases be determined by a preponderance of the credible evidence in the record.
First, the Union argues that the decision rendered was inconsistent with the previous arbitration award and thereby repugnant to the purposes and policies of the Law (citing City ofCambridge 7 MLC 2111 (1981)); and second, that Arbitrator Berry did not discuss the existence of a bargaining obligation and therefore the issues presented before the Department and the Arbitrator were not substantially similar.
City ofCambridge v. Civil Serv. Commn., 43 Mass.App.Ct. 300, 304, rev. den., 426 Mass. 1102 (1997)(citing Murray v. Second Dist. Court 13 of E. Middlesex, 389 Mass. 508, 514 (1983); Kelleher v. Personnel Admr. of the Dept. of Personnel Admin., 421 Mass. 382, 387 (1995); Police Commr. of Boston v. Civil Serv. Commn., 22 Mass.App.Ct. 364, 370, rev. den., 398 Mass. 1103 (1986)).
Appellant Brian Albert holds the rank of Lieutenant for the City ofCambridge Fire Department. He took and passed the promotional examination for Fire Captain administered by HRD on November 18, 2017. (Mr. Albert and Exhibit 5) 3 9. There are three ways to fill a promotional vacancy under the civil service law. These are permanent promotion, temporary after certification promotion, and provisional promotion. (Caggiano Testimony). 10.
.); City ofCambridge, 23 MLC 28, 36 (1996), aff'd sub nom. Cambridge Police Superior Officers Assocn v. Labor Relations Commission, 47 Mass. App. Ct. 1108 (1999). Investigator Sullivan completely ignores this well-settled principle and therefore her partial dismissal must be reversed.
Alleged Transfer of Unit Work A public employer violates Section 10(a)(5) of the Law when it transfers work performed by bargaining unit members to non-bargaining unit personnel without giving its employees exclusive collective bargaining representative opportunity to bargain to resolution or impasse. (1996); affd sub nom., Cambridge prior notice and City ofCambridge, 23 MLC 28, 36 Police Superior Relations Commission, 47 Mass. App.