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.

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.

CHOICE OF REMEDY If, as a result of the written response in Step 2, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of a permanent Civil Service employee, the grievance may be appealed either to Step 3 (Mayors level) of the grievance procedure or at the option of the employee, to the Civil Service Commission.

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

If the subject matter of the grievance concerns the CIVIL SERVICE COMMISSION then within five (5) days of receipt of the written answer as provided in STEP 3 the Executive Board shall submit the grievance to the CIVIL SERVICE COMMISSION for resolution. If the subject matter does not involve the CIVIL SERVICE COMMISSION, then the following process may be employed: STEP 5.

A grievance which is subject to the jurisdiction of the Civil Service Commission or any Retirement Board established by law shall not be subject of a grievance or arbitration hereunder, . Notwithstanding the foregoing provisions, any of the time limits specified in this Article may be extended by mutual agreement of the parties in writing. .

A grievance which is subject to the jurisdiction of the Civil Service Commission or any Retirement Board established by law shall not be subject of a grievance or arbitration hereunder. C. Notwithstanding the foregoing provisions, any of the time limits specified in this Article may be extended by mutual agreement of the parties in writing. D.