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HERLIHY v. CIVIL SERVICE COMMISSION

No. 96-P-1975.

44 Mass. App. Ct. 835 (1998)

MICHAEL W. HERLIHY v. CIVIL SERVICE COMMISSION & another.

Court of Appeals of Massachusetts, Barnstable.

May 26, 1998.

Attorney(s) appearing for the Case

John F. McCarty for the plaintiff.

Mary Murphy-Hensley, Assistant Attorney General, for the defendants.

Present: GREENBERG, DREBEN, & LENK, JJ.

GREENBERG, J.

This case requires us to construe the Commonwealth's civil service law as it defines "departmental unit" for purposes of replacing less senior employees (a practice commonly known as "bumping") when budgetary constraints so require. During the spring of 1994, the director of the Department of Mental Health's (department) southeastern area decided to eliminate all twelve psychologist II and III positions at the Pocasset Mental Health Center at Bourne...

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