Civil Service Commission, 43 Mass.App.Ct. 486, 488, review denied 426 Mass. 1104 (1997). 14 In this case, the answer to the fifth and seventh questions of the seven part test set forth above is no. At this arbitration hearing, the City did not obtain substantial and compelling evidence or proof that Stock was guilty of the offenses as alleged in the July 11, 2012 termination notice. (See JT#1).

Civil Service Commission, 43 Mass.App.Ct. 486, 488, review denied 426 Mass. 1104 (1997). 14 In this case, the answer to the fifth and seventh questions of the seven part test set forth above is no. At this arbitration hearing, the City did not obtain substantial and compelling evidence or proof that Stock was guilty of the offenses as alleged in the July 11, 2012 termination notice. (See JT#1).

Analysis Hawkins alleges that the Union violated Section 10(b)(1) of the Law when it decided not to pursue his grievance, and by failing to inform him on February 10, 2012, of his right to file a timely appeal of his discharge with the Civil Service Commission.

.) - At the time Hawkins filed his Grievance The Union failed to instruct Hawkins in his right to file a timely appeal of his discharge with the Civil Service Commission pursuant to Article 26 the Collective Bargaining Agreement between The Union and The City. The Unions actions in not pursuing the Grievance in Hawkins behalf were arbitrary, discriminatory, and in bad faith.

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 subcontract out work.

In August 2012, Peavey testified against the City on behalf of a terminated patrol officer in a Civil Service Commission appeal of a terminated patrol officer. During his testimony on the appellant's behalf, Peavey remarked that Heagney intimidated bargaining unit members, that they feared retribution from him, and that he gave others preferential treatment and overtime assignments. 42.

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 subcontract out work.

No matter within the jurisdiction of the Civil Service Commission or any Retirement board established by law shall be subject of grievance hereunder except as in Section 3 of this Article. Section 2: Grievances shall be processed in the following manner: Step 1: Chief. The grievance shall be presented to the Chief in writing within fifteen (15) days of the occurrence, or failure of occurrence, of the incident upon which the grievance is based.

It is clearly understood that the arbitrator may not contradict or modify the terms of this Agreement or render a decision which is in conflict with the express provisions of this Agreement or any ordinance or law, or any rules or regulations of the Civil Service Commission.

forth his/her findings of fact, reasoning and conclusion. without power commission or authority of an act The arbitrator shall be to make any award which prohibited by law or ordinance. requires the It is clearly understood that the arbitrator may not contradict or modify the terms of this Agreement or render a decision which is in conflict with the express provisions of this Agreement or any ordinance of law, or any rules or regulations of the Civil

Article 23, Section 4 states: Any employee wishing to appeal a disciplinary action taken pursuant to Article 23 of this Agreement, must sign and submit to the Employer, on a form prepared by the Employer a confirmation that the employee has not appealed said disciplinary action to any other forum, including but not limited to the Civil Service Commission, Massachusetts Commission Against Discrimination and the Equal Opportunity Commission.

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