City ofCambridge v. Civil Service Commission, 43 Mass. App. Ct. 300, 304 (1997). An action is justified when it is done upon adequate reasons sufficiently supported by credible evidence, when weighed by an unprejudiced mine, guided by common sense and by correct rule of law. Jd. at 304, quoting Selectmen of Wakefield v. Judge of First District Court of E. Middlesex, 262 Mass. 477, 482 (1928); Commissioners of Civil Service v.
City ofCambridge v. Civil Service Commission, 43 Mass. App. Ct. 300, 3004 (1997). An action is justified when it is done upon adequate reasons sufficiently supported by credible evidence, when weighed by an unprejudiced mind, guided by common sense and by correct rule of law. Id, at 304, quoting Selectmen of Wakefield v. Judge of First District Court of E Middlesex, 2262 Mass. 477, 482 (1928); Commissioners of Civil Service v.
See, e.g., City ofCambridge v. Civil Service Commission, 43 Mass. App. Ct. 300, 303-305, rev. den., 428 Mass. 1102 (1997). However, the governing statute, G.L. c. 31 2(b), gives the Commissions de novo review broad scope to evaluate the legal basis of the appointing authoritys action and it is not necessary for the Commission to find that the appointing authority acted arbitrarily and capriciously. Id.
City ofCambridge, 35 MLC 183, 186, MUP-04-4229 2 (March 5, 2009). Repudiating a collectively bargained agreement by deliberately refusing 3 to abide by or to implement an agreement's unambiguous terms violates the duty to 4 bargain in good faith. Town of Falmouth, 20 MLC 1555, MUP-8114 (May 16, 1994), aff'd 5 sub nom., Town of Falmouth v. Labor Relations Commission, 42 Mass. App.
City ofCambridge, 35 MLC 183, 186 (2009); Town of Ipswich, 11 MLC 1403, 1411 (1985); City of Boston, 8 MLC 1113, 1115 (1981). It would be extremely difficult for DOC to dispute that the parties representatives, Attorney Cochran and Attorney Wilson, reached an agreement on Wednesday June 10, 2020 on all the material terms of the vacation grievance settlement agreement. After reaching this agreement, Mr.
cases like this one, where the employer notifies the union about a decision 23 after it has already been made, the Board looks at the record as a whole to determine 24 whether meaningful bargaining could still take place or whether the employer has CERB Decision on appeal (contd) committed to a course of action. 1013, MUP-4563 (September 27, participants (May 1978). 27, See, e.g., Scituate School Committee, 1982); Thus, a letter in April MUP-10-6020 City
Id. at 800, quoting City ofCambridge, 43 Mass.App.Ct. at 304. The Supreme Judicial Court has cautioned the Commission that its proper role in applying the just cause standard in matters involving the abolition of a position for reasons of economics and efficiency are limited, and indeed more narrow than the scope of review to be applied in disciplinary actions. See School Comm. of Salem v. Civil Service Commn, 348 Mass. 696, 699 (1965).
December 21, 2020 https://drive.gooqle.com/file/d/14go5QmLWwSE6bil1VKLIIA1633KfrInA/view City of Somerville Eviction Moratorium Order: https://www.somervillema.gov/sites/defauIt/files/eviction-moratorium-order-3-27-2020.pdf City of Salem Eviction Moratorium: https://www.wickedlocal.com/news/20200414/salem-eviction-moratorium-in-place-until-coronavi ruscrisis-ends https://www.salem.com/sites/g/files/vyhlif3756/f/news/eviction moratorium - final.pdf City
MUP-10-6020,*6 (CERB 2014); City ofCambridge, 5 MLC 1291 (1978); Town of Burlington, 6 MLC 1795 (H.O. 1980). Further, at the only bargaining session dedicated to this 7 issue, the Employer engaged in bad faith bargaining, by insisting on concessions to address its budget shortfall generally, rather negotiating over whether to outsource therapy services.
(May 27,1982); City ofCambridge, 5 MLC Here, we agree with the Hearing Officer that the following factsin the record demonstrate that meaningful bargaining could have taken place, despite the Employer's discussions with Futures and the April 22 and May 18 budget votes.
See City ofCambridge v. Civil Service Commission, 43 Mass. App. Ct. 300, 304 (1997). Justified in this context means done upon adequate reasons sufficiently supported by credible evidence, when weighed by an unprejudiced mind, guided by common sense and by correct rules of law. Id, at 304.
City ofCambridge, 31 MCSR 90 (2018) (currently pending appeal in Superior Court). In Andrade, the City, approximately six weeks prior to the expiration of Mr. Andrades probationary period, placed him on paid administrative leave after he was arrested for a domestic assault and battery. Mr. Andrade never returned to performing his duties as a firefighter and the City terminated him several months later. The City never notified Mr.