Mulhern v. Civil Service Commission

To obtain relief from a decision of his employer, the Massachusetts Bay Transportation Authority (MBTA), bypassing him in making promotions to the rank of sergeant in the MBTA police force, the plaintiff sought review by the Civil Service Commission (commission). The latter gave the plaintiff some but not all the relief requested. The plaintiff then sought review of the commission’s decision in the Superior Court, pursuant to G. L. c. 31, § 44, and G. L. c. 30A, § 14, and he now appeals from a judgment affirming the commission’s decision.

The MBTA, in April, 1998, based its decision not to…