Herlihy v. Civil Service Commission

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 HI positions at the Pocasset Mental Health Center at Bourne (center). As none, of *836the persons holding these positions was generating income from third-party payors, a decision was made to ehminate the…