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

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.

Any dispute relative to discipline, suspension, discharge or demotion may be a subject of grievance and arbitration under the terms of this Agreement, with the option in an employee to proceed at Step 3 or Step 4 of the grievance procedure, or may be processed respectively before a Retirement Board and/or the Civil Service Commission; provided, however, that an employee may not pursue both remedies in terms of the same dispute.

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

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.

CIVIL SERVICE COMMISSION One Ashburton Place, Room 503 Boston, MA 02108 (617) 727-2293 FILIPE MONTEIRO, JOHN SULLIVAN, and LAURA CHRISTIE, Appellants Docket Nos.: D-05-116 D-05-117 D-05-121 v. DEPARTMENT OF CORRECTION, Respondent Attorney for the Appellant: Robert A. Stewart, Atty. Louison, Costello, Condon & Pfaff, LLP 67 Batterymarch Street Boston, MA 02110 Attorney for the Respondent: Earl Wilson, Atty.

FY10-12 Plymouth Police Brotherhood 24 ARTICLE XVi DISCIPLINARY ACTION A. itis agreed that disciplinary action or discharge shall be prescribed under the rules and regulations of the Civil Service Commission. B.

Any dispute arising between an employee(s) and the City, which is submitted as a grievance for resolution under this Agreement, shall not be arbitral under any section of this Agreement, if such dispute or grievance is a suitable matter for submission to the Massachusetts Civil Service Commission.