City of Cambridge 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 of Cambridge 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 of Cambridge 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 of Cambridge v. 7 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 of Cambridge v. Civil Service 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).

City of Cambridge v. Civil Service Commission, 43 Mass. App. Ct. 300, 303 (1997). Justified means done upon adequate reasons sufficiently supported by credible evidence, when weighed by an unprejudiced min, guided by common sense and by correct rules of law. Id, at 304.

Co., 112 NLRB 1080, 1082 (1955)); City of Cambridge, 7 MLC 2111 (1981). Although in the instant matter there is a settlement and withdrawal of the arbitration rather than an arbitrator's award, applying these standards, there is no reason for the DLR to act and exercise its retained jurisdiction. There is no allegation or evidence that the process which led to the Settlement Agreement was not fair or regular.

See, e.g., City of Cambridge, Il. 7 MLC 2111, 2112 (1981). CONCLUSION For the reasons set forth above, the Department of Labor Relations should defer the Charge to the arbitration proceeding between the parties already initiated by the Union.

City of Cambridge, 23 MLC 28, 36, MUP-9171 (June 28, 1996) affd sub. nom., Cambridge Police Superior Officers To Association v. Labor Relations Commission, 47 Mass. App.

Ct. 796, 801 (2004), citing City of Cambridge v. Civil Service Commn, 43 Mass. App. Ct. 300, 303-305, rev. den., 428 Mass. 1102 (1997); Police Commr v. Civil Service Commn, 22 Mass. App. Ct. 364, 371, rev. den. 398 Mass. 1103 (1986). An Appointing Authority is well within its rights to bypass an individual for fudging the truth as part of an application for a civil service position.