Agreement, Any employee wishing to appeal a disciplinary action taken pursuant to Article 23 of this 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 Employment Opportunity Commission.

Any matter which is not specifically covered by the provisions of this Agreement or which is reserved to the discretion of the City by the terms of this Agreement or which is, or upon proper appeal would be, within the jurisdiction of the Civil Service Commission shall not be the subject of a grievance hereunder. Section 4. Grievances, except as is otherwise provided employee first present processed in accordance with the following procedure: a.

Exclusions: Notwithstanding any provisions of this agreement, any matter which is subject to the jurisdiction of the Civil Service Commission or any Retirement Board established by Law or where the employee otherwise has statutory appeal rights, shall not be subject of arbitration hereunder.

Any matter which is subject to the jurisdiction of the Civil Service Commission or 4.2 any Retirement Board established by law shall not be subject of grievance or arbitration hereunder.

Notwithstanding any other provisions of this Agreement to the contrary, issues subject to Retirement Board or Civil Service Commission, shall not be the subject of arbitration. , 11.3. Time Limits. Failure to issue an answer by the Chief or Town Manager to any Step shall be considered denial. If the time limits herein are not complied with by the employee or the Union, the grievance shall be considered waived and abandoned.

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/her 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.

Add to Article XXXIV (Miscellaneous) the following: Notwithstanding any prior practice, the City reserves its rights to select a lower rated candidate, within the so-called 2N + 1 rule, subject only to the right of a higher rated candidate, exercising his/her right under M.G.L. c. 31, 27, to file a so-called bypass appeal, and the Civil Service Commission shall have exclusive jurisdiction of any dispute about any such selection.

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.

The appointing authority shall contin occurs. prornotions as soon as appropriate after a vacancy tothe contrary, any matter whichis subject to the Not withstanding any provision of the Agreement tion under jurisdiction of the Civil Service Commission shall not be a subject of a grievance or arbitra Union elect grievance/arbitrationas the exclusive this: Agreement, unless the employee and the Chapter 150, in cases involving suspension, remedy pursuant

Accordingly, the provisions of Chapter 31 of the Massachusetts General Laws and all rules and regulations promulgated by the Civil Service Commission thereunder shall, as they apply to said employees, be adhered-to. 22 ARTICLE XX] UNION MEMBERSHIP The City will advise the Union in writing of the name, address, job classification and department of each new employee employed in the bargaining unit. ARTICLE XXII BULLETIN BOARDS Section 1.