Civil Service Commission, 43 must be respected. See Cambridge v. Police Department of Boston Mass. App. Ct. 300, 304 (1997) and 3 (2000). Collins, 49 Mass. App. Ct. 408, 411-41 Department if the stay is not ordered the 5. There is likely irreparable harm to r requires that Fitzgibbon sion's orde in several respects.

completed form: WAIVER OF RIGHT TO APPEAL DISCIPLINARY ACTION I wish to submit the attached grievance under Article 23, Grievance Procedure and Article 22, Arbitration of Disciplinary Action, appealing my demotion, suspension or discharge effective on and pursuant to Article 22, Section 4 of the Agreement between the NAGE and the Commonwealth of Massachusetts dated __ and all rights to appeal this disciplinary action to any other forum including the Civil

[hereby waive any and all rights to appeal this disciplinary action to any other forum including the Civil Service Commission. I have not initiated any other appeal of this disciplinary action. Date Employee Signature Union Representative Signature af ) FE _NaTIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES AFFILIATED WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION, AFL/CIO Lo E : Quincy, MA 02169 .

Thereby waive any and all rights to appeal this disciplinary action to any other forum including the Civil Service Commission. I have not initiated any other appeal of this disciplinary action.

Pickards separation from City service in September, 2012, including but not limited to any and all appeals to the Civil Service Commission. S. Pickard agrees that he has been fully and fairly represented by the Union in this matter. S. Pickard represents that he has had the opportunity to thoroughly discuss 6. the terms of this agreement with his Union and counsel of his own choosing.

Pursuant to Section 11 of the Law, as amended by Chapter 145 of the Acts of 2007, and Section 15.05 of the DLRs rules, | conducted an in-person investigation of these allegations on June 26, 20172 " The Union subsequently withdrew the termination allegation because that issue is the subject of litigation at the Civil Service Commission (CSC).

In addition, on July 28, 2016, Patruno filed an appeal with the Civil Service Commission (Commission) alleging that the Citys failure to return him to work constituted a constructive suspension and requesting that he be reinstated. The Commission dismissed Patrunos 2 Dismissal (contd.) MUP-17-5857 appeal on February 2, 2017, finding that the Commission lacked jurisdiction over the matter.

Richard Beckers, Shawn Harris, Jacqueline McGowan, Walter Washington, George Downing, and the Civil Service Commission. 1 2 VUONO, J. This case is before us for the second time.

Provision of Collective Bargaining Agreement Article 11 GRIEVANCE PROCEDURE Cn Part) For purposes of this Article, a grievance shall be defined to be an actual dispute arising as a result of the application or interpretation of the express terms of this contract, Chapter 3 (the Leave Ordinance) and Appendix C (the Salary Ordinance) of the Revised Ordinances of the City of Worcester, 1996, providing, however, that any matter under the jurisdiction of the Civil

of Collective Bargaining Agreement Article 11 GRIEVANCE PROCEDURE (in Part) For purposes of this Article, a grievance shall be defined to be an actual dispute arising as a result of the application or interpretation of the express terms of this contract, Chapter 3 (the Leave Ordinance) and Appendix C (the Salary Ordinance) of the Revised Ordinances of the City of Worcester, 1996, providing, however, that any matter under the jurisdiction of the Civil