Any matter which is Subject to the jurisdiction of the Civil Service Commission or any Retir ement Board established by law, and any incident which occurred or failed to occur prior to the effective date of the Agreement, shall not be the subje ct to any grievance or arbitration hereunder. Effective July 1, 2011, any new staff shall be hired outside of the Commonwealth's civil service procedures.

Should any provision of this Agreement be found to be in violation of any Federal or State Law or Civil Service Commission rule by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement, ARTICLE IIE: EMPLOYER RIGHTS 1.

COMMONWEALTH OF MASSACHUSETTS CIVIL SERVICE COMMISSION One Ashburton Place - Room 503 Boston, MA 02108 (617) 727-2293 CHRISTIAN PONTE MICHAEL FERRY MATTHEW CAMARA DAVID BANVILLE Appellants, v. CASE NOS: D1-09-155 (Ponte) D1-09-156 (Ferry) D1-09-157 (Camara) D1-09-158 (Banville) CITY OF FALL RIVER, Respondent Appellants Attorney: Leah Marie Barrault, Esq.

Eligibility Decision of Civil Service Commission, Service, Police, Promotion. Police, Judicial review, list, Agency's Law, ve strati Admini Promotional examination. of statute, interpretation authority, 's Agency review, Civil action March 28, 2013. case The Review Civil, Practice, in the by Paul D. the pleadings. The Supreme direct appellate Judicial review. judgment on Frank Bryan personnel J. F.

MA OM of Attoun. cosmid MASSACHUSETTS CIVIL SERVICE COMMISSION & another Administraiive Law Division MEMORANDUM OF DECISION AND ORDER ON CROSS-MOTIONS FOR JUDGMENT ON THE PLEADINGS INTRODUCTION I, 2014 decision by Plaintiff Adam Levesque (Levesque) seeks judicial review of a May the Civil Service Commission (Commission) the affirming decision of the Town of ment as a police Middleborough Board of Selectmen (Board) to terminate Levesques employ on

In the event that the dispute involves a matter under the jurisdiction of the Civil Service Commission, the Association may choose to pursue the matter with the Civil Service Commission instead of the American Arbitration Association.

The decision of the Arbitrator shall be binding. shall be Hearing of the American Election of Remedies notwithstanding any provision of this Agreement to the contrary, any matter which is subject to the jurisdiction of the Massachusetts Commission Against Discrimination or Equal Employment Opportunity Commission shall not be the subject of In addition, if an employee has a matter which is the subject of arbitration hereunder. arbitration and the Civil

Any matter, which is subject to the jurisdiction of the Civil Service Commission, applicable Retirement Board established by law, or any incident, which occurred or failed to occur prior to the effective day of this Agreement shall not be subject to the grievance procedure.

Having thus jointly reaffirmed the superior and preemptive jurisdiction of the Civil Service statute, Procedures, Regulation as applied, and decided, interpreted and enforced by the Civil Service Commission, the parties to this Agreement, do hereby also express their joint intention and agreement that such matters which are normally within the jurisdiction of, and have been traditionally reserved, in whole or in part, for final and binding determination

For all purposes, job descriptions and job duties shall continue to be defined according to the Municipal Job Classification book as published from time to time by the Massachusetts Civil Service Commission. Section 2. The City reserves and retains the right to contract out or sub contract out work.