In any cause of action brought by an employee against such employer of twenty or more employees in any administrative or judicial proceeding, including but not limited to, the Massachusetts Office of Affirmative Action, the Massachusetts Commission Against Discrimination, Massachusetts Civil Service Commission, Massachusetts Labor Relations Corn_ mission, attorney general. or a court of appropriate jurisdiction, such employer shall retain any personnel

Any matter which is subject to the jurisdiction of the Civil Service Commission or any Retirement Board established by law shall not be a subject of a grievance or arbitration hereunder. Section 8. It is understood that a grievance alleging a violation of Article 7, Section 1, may be initiated at Step 2 of the grievance procedure. Section 9.

Local 1657 has advanced the grievance to the next step. 19) On or about September 10, 2018 President Sciara and Local 1657 filed a petition with the Civil Service Commission requesting that it order Hull to request HRD open the Captains examination to qualified Hull firefighters. 20) On September 12, 2018, counsel for Local 1657 had a conversation with Hulls Town counsel in which he asked whether the Town had requested provision appointments for the

Collective Bargaining Agreement Lawrence He ousing Authority Clerical Employees June 1, 2011 through May 31, 2014 Notwithstanding any provision of this Agreement to the contrary, any matter which is subject to the jurisdiction of the Civil Service Commission, or any Retirement Board, establis hed by law, or where the employee otherwise has statutory appeal rights, or any dispute relative to wages, which is subject to the jurisdiction of the Commissioner

Upon receipt or acceptance of such notice the Employer shall not be responsible to file any further actions or pleadings under c.31, c.32 or other related laws (or rules and regulations) and the employee shall have waived his/her rights under c.31 or c.32 and may not thereafter change his/her election without the written consent of the Employer and the Civil Service Commission or other proper authority.

Any dispute concerning whether such cause exists may be a subject of grievance and arbitration under the terms of this Agreement; provided however, an employee may not pursue his grievance arbitration remedies and his statutory Civil Service Commission/Retirement Board remedies, if any, with respect to the same dispute, but must elect between them in writing, such election to be made at Step 4.

Ultimately, Gillespie went before a trial board and was ordered to forfeit 10 days pay, and the forfeiture is currently before the Civil Service Commission. The Union contends that the Employer disciplined Gillespie because of his union activities in violation of Section 10(a)(3) of the Law. The Employer denies that the disciplinary proceeding related in any way to Gillespies union activities.

That disciplinary dispute is on appeal at the Civil Service Commission. The following facts constitute the relevant background information that the Board needs to issue a Complaint on the violations alleged here: On or about January 1, 2017, the Department changed its practice of providing information to the Association when it blocked Representative Gillespies access to Troop F records, including detail records.

Any dispute relative to the foregoing may be processed as a grievance under this Agreement or may be processed in accordance with law before the Civil Service Commission, provided, however, an employee may not pursue grievance/arbitration remedies and statutory Civil Service remedies with respect to the same dispute, but must elect between them, such election to be made after the action of the Town Manager pursuant to M.G.L. c. 31, 41.

Any dispute relative to the foregoing may be processed as a grievance under this Agreement or may be processed in accordance with law before the Civil Service Commission, provided, however, an employee may not pursue his or her arbitration remedies and his or her statutory Civil Service Commission appeal with respect to the same dispute, but must elect between them, such election to be made after the Town Manager has made a determination in accordance

Any dispute relative to the foregoing may be processed as a grievance under this Agreement or may be processed in accordance with law before the Civil Service Commission, provided, however, an employee may not pursue grievance/arbitration remedies and statutory Civil Service remedies with respect to the same dispute, but must elect between them, such election to be made after the action of the Town Manager pursuant to M.G.L. c. 31, 41.