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.

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.

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.

CIVIL SERVICE COMMISSION One Ashburton Place: Room 503 Boston, MA 02108 (617) 727-2293 ANTHONY GRASSO and JOHN MOCCIO, Appellants v. D1-16-175 (GRASSO) D1-16-176 (MOCCIO) TOWN OF AGAWAM, Respondent Appearance for Appellants: John D. Connor, Esq. Connor & Morneau LLP 273 State Street, Second Floor Springfield, MA 01103 Appearance for Respondent: Russell Dupere, Esq.

RLA~ AAG MEMORANDUM OF DECISION & ORDER ON PLAINTIFFS MOTION FOR JUDGMENT ON THE PLEADINGS The Boston Police Department (BPD) moves for judgment on the pleadings pursuant to G.L.c. 30A, 14, requesting reversal of a decision by the Massachusetts Civil Service Commission (Commission) to grant certain relief to defendant Gary Lee.

After reviewing the administrative record, the relevant law, and the parties submissions, the plaintiff s Motion for Judgment on the Pleadings is ALLOWED and the defendants Motion for Judgment on the Pleadings is DENIED. ' Massachusetts Civil Service Commission 4 BACKGROUND Tn June 2006, Savickas name appeared on an eligibility list for employment with the Boston Police Department.

MASSACHUSETTS CIVIL SERVICE COMMISSION & another MEMORANDUM Notice J. $ R C. G A M. OF DECISION AND ORDER ON PLAINTIFRS MOTION FOR JUDGMENT ON THE PLEADINGS This is an action for judicial review pursuant to G.