For what its worth, the Civil Service Commission has anticipated these types of problems in light of the Tatum decision, and | noticed that they allowed Walthams | request to revive their expired list after 3-years in order to make a permanent promotion in accordance with their practice (which is the same as Billericas). That case is reported on the CSC website as of last week.

The arbitrator shall ge of this Agreement; nor have no power to alter, amend, add to, or detract from the langua or relief for any period to the shall the arbitrator have any power with respect to any right effective date of this Agreement. which is subject to the jurisdiction of Notwithstanding any provisions of this Agreement, any matter ished by law, shall not be a subject of the Civil Service Commission or any Retirement Board establ arbitration

An officer will be required to obtain 21 years of service as a police officer to be eligible for selection as a Master Patrolman if, during their career, a disciplinary suspension was upheld by the Civil Service Commission. There shall be two Master Patrolmen designated on each shift (with a total of six designated Master Patrolmen).

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 selected by mutual agreement of the parties. If the parties fail to agree in the first instance, the Arbitrator shall be selected from a list supplied by the AAA.

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.

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 selected by mutual agreement of the parties, If the parties fail to agree in the first instance, the Arbitrator shall be selected from a list supplied by the AAA.

CIVIL SERVICE COMMISSION One Ashburton Place Room 503 Boston, MA 02108 (617) 727-2293 RICHARD J. PIERCE, JR, Appellant v. Case No. D1-11-62 CITY OF ATTLEBORO, Respondent Appearance for Appellant: Leigh A. Panettiere, Esq. Sandulli Grace, P.C. 44 School Street, Suite 1100 Boston, MA 02108 Appearance for Respondent: Brian E. Simonea, Esq. 161 Worcester Road, Suite 200 Framingham, MA 01701 Commissioner: Paul M.

It is agreed that disciplinary action or discharge shall be prescribed under the rules and regulations of the Civil Service Commission.

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

Any dispute arising between an employee(s) and employer which is submitted as a grievance for resolution under this Agreement, shal] 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, unless the employee in writing waives his rights under Civil Service. All time limits herein shall consist of calendar days.