Decision mailed: i Ig HID Civil Service Commission COMMONWEALTH SUFFOLK, ss. OF MASSACHUSETTS CIVIL SERVICE COMMISSION One Ashburton Place Boston, MA 02108 (617) 727-2293 PERRY PAGE, Appellant v. DEPARTMENT D-08-249 OF CORRECTION, Respondent Appellants Attorney: Robert Stewart, Atty. Louison, Costello, Condon & Pfaff, LLP 67 Batterymarch Street Boston, MA Respondents Attorney: 02110 Heidi D. Handler, Atty.

Decision mailed: COMMONWEALTH OF MASSACHUSETTS CIVIL SERVICE SUFFOLK, | | [Z}/e Civil Service Commission COMMISSION One Ashburton Place - Room 503 Boston, MA 02108 ss. (617) 727-2293 CASE NOS: G2-09-230 G2-09-231 G2-09-232 G2-09-233 JOSEPH KELLY, PHILLIP SIFFORD, MICHAEL FINN and LAWRENCE MACDOUGALL, Appellants v. (Kelly) (Sifford) (Finn) (MacDougall) CITY OF BOSTON FIRE DEPT, Respondent Richard Heavey, Esq. F. Robert Houlihan, Esq.

A claim violation, misinterpretation, or misapplication of the rules and regulations, written policy, or others of the Massachusetts Civil Service Commission issued pursuant to its authority under Chapter 31 of the General Laws of the Commonwealth of Massachusetts. {Practice Areas/L ABOR/25303/00006/A2858470 DOCX[Ver'2]} -5- TOWN OF LANCASTER 2014-2017 Police CBA Section 2 The Grievance Procedure shall be as follows: Step 1.

Any matter, which is subject to the jurisdiction of the Civil Service Commission, or any Retirement Board established by law shall not be a subject of grievance or arbitration, except as otherwise provided in Section D below. No dispute or controversy shall be subject for arbitration unless it involves an alleged specific and direct violation of express language of a specific provision of this Agreement.

Nothing in this Agreement shall diminish the authority and power of the Civil Service Commission or any Retirement Board established by law, nor shall anything in said Agreement constitute a grant of the right to strike to the Union. DPW 2013-2016 6 ARTICLE 4 GRIEVANCE PROCEDURE Section 1 - General Statement A grievance shall mean any dispute concerning the interpretation, application, or violation of the provisions of this Agreement.

Nothing in this Agreement shall by the diminish the authority and power of the Civil Service Commission or any Retirement Board established by law, nor shall anything in said Agreement constitute a grant of the right to strike to the Union. ARTICLE 4 GRIEVANCE PROCEDURE Section 1 - General Statement A grievance shall mean any dispute concerning the interpretation, application, or violation of the provisions of this Agreement.

The City further states that it relies on the Civil Service Commission, the Massachusetts Municipal Police Training Committee, the Massachusetts Peace Officer Standards, and Training (POST) Commission to set the standards for police officer physical and mental requirements. Unclear if additional records exist Based on the Citys response and Mr. Hermans appeal, it is unclear if the City possesses additional records responsive to the request.

Indeed, in recent years, the Civil Service Commission has encouraged the use of independent outside evaluators to conduct such interviews. See Certification Handbook, Departmental Public Safety Promotions Subject to Civil Service (The results of background investigations, personnel files, and interviews may all be used as part of the promotional process at the Appointing Authority's discretion). See also Brown v.

Indeed, in recent years, the Civil Service Commission has encouraged the use of independent outside evaluators to conduct such interviews. See Certification Handbook, Departmental Public Safety Promotions Subject to Civil Service (The results of background investigations, personnel files, and interviews may all be used as part of the promotional process at the Appointing Authority's discretion). See also Brown v.

Aime appealed Spencer's decision to the Civil Service Commission pursuant to M.G.L. c. 31 sec. 41. On April 12, 2013, Division of Administrative Law Appeals (DALA) Administrative Magistrate Maria Imparato (Imparato) held a hearing concerning Aimes appeal and on July 1, 2013, DALA recommended that the Civil Service Commission affirm the decision to suspend Aime.

It goes on and on about a Civil Service petition filed by some of its members, arguing that the DLR retain jurisdiction because the Civil Service Commission will not address c. 150E issues. Civil Service case is simply irrelevant. The The question presented by the ULP filing and by the DLRs invitation to address the deferral issue is how the grievance claim relates to the prohibited practice claim.