That definition is consistent with the Civil Service Commission interpretation of seniority as defined under M.G.L. c. 31, section 33. Department Rules and Regulations do not supersede the express language of the contract. Seniority is a clearly defined term in the Collective Bargaining Agreement.

Furthermore, Romeo appealed the Towns decision and the Civil Service Commission denied it.

On May 9, 2019, the Civil Service Commission dismissed Romeo's appeal.

Grievance Procedures and Article 23, Arbitrations of D cip nary Action, appealing my demotion, suspension or discharge effective on 3 1) a Zfzofid aah and pursunnt to Article 23, Section 4 of the Agreement between the Alflanct add the Cemmonwealth of Massachusetts dates hi r - fas hereby waive any and all rights to appeal this disciplinary sction to any other forum including the Civil Service Commission.

For purposes of this Article, a grievance shall be defined to be an actual dispute arising as a result of the application or interpretation of the express terms of this contract, Chapter 3 (the Leave Ordinance) and Appendix C (the Salary Ordinance) of the Revised Ordinances of the City of Worcester, 1996, providing, however, that any matter under the jurisdiction of the Civil Service Commission or the Worcester Retirement Board, any matter involving

BBO#634344 100 oncord treet, Suite 3b Fram\nghany%, MA 01702 Jwsimpson1 1@verizon.net Dated March 22, 2017 ' There has been considerable litigation before the Massachusetts Civil Service Commission under M.G.L. c. 31 Section 44, regarding managements failure to promote individuals to open civil service positions. See Kelly v.

BBO#634344 100 oncord SStreet, Suite 3b Frairimghan/ MA 01702 (508)83245002 Jwsimpsonl l@verizon.net Dated March 22, 2017 1 There has been considerable litigation before the Massachusetts Civil Service Commission under M.G.L. c. 31 Section 44, regarding management's failure to promote individuals to "open" civil service positions. See Kelly v. Boston. 2012-00571 slip opinion, (August 5, 2013) Suffolk Superior Court; McCarthy v.

The City subsequently terminated Pierce, and the Association represented Pierce in his appeal to the Civil Service Commission. 12. On April 27, 2011, McDonnell complained to the Citys building inspector Douglas Semple (Semple) about excessive dust and sawdust as well as exposed insulation at the Police Station, which was undergoing renovations. 13. On June meeting. 14.

Pierce, and the Union represented Pierce in his appeal to the Civil Service Commission. Complaint and Partial Dismissal (cont'd) MUP-11-1410 10. On April 27, 2011, McDonnell complained to the Citys building inspector Douglas Semple (Semple) about excessive dust and sawdust as well as exposed insulation at the Police Station, which was undergoing renovations. 11. On June 9, 2011, McDonnell criticized Heagney at a Union meeting. 12.

Accordingly, the provisions of Chapter 31 of the Massachusetts General Laws and all rules and regulations promulgated by the Civil Service Commission there under shall, as they apply to said employees, be adhered to. ARTICLE XVI GRIEVANCE PROCEDURE Section |.

Any matter which is subject to the jurisdiction of the Civil Service Commission, or any Retirement Board established by law, except as otherwise provided in this Agreement, shall not be the subject of arbitration hereunder, except as otherwise provided in General Laws, Chapter 150E, section 8, in which event arbitration, if so elected by an employee, shall be the exclusive procedure for resolving any grievance involving suspension, dismissal, removal

Submission to arbitration shall be accomplished by filing a written demand with the American Arbitration Association or the Labor Relations Connection or by mutual agreement of the parties, by filing at the Massachusetts Board of Conciliation and Arbitration within the Labor Relations Division. 11.2 Notwithstanding any other provisions of this Agreement to the contrary, issues subject to Retirement Board or Civil Service Commission, shall not be the

An employee may, if he/she chooses, take a grievance up with the Civil Service Commission but he/she must elect his/her remedy and may not take the matter up with both the Civil Service Commission and through the arbitration procedure.

An employee may, if he/she chooses, take a grievance up with the Civil Service Commission but he/she must elect his/her remedy and may not take the matter up with both the Civil Service Commission and through the arbitration procedure.