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.

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

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.

Except that all grievances, the nature of which fall within the jurisdiction of the Massachusetts Civil Service Commission, shall be submitted to that body for adjudication rather than to arbitration unless the complainant waives his rights under Civil Service in writing.

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.

Grievances are limited to matters of interpretation or application of the Agreement. b) Any other disputes between an employee and his/her supervisors arising out of an exercise of administrative discretion by such supervisor(s) except those that would properly be under the jurisdiction of the Civil Service Commission or other duly established appeal board, may be processed according to the Grievance Procedure authorized by Section 13 of the Human

Discipline or discharge cannot be appealed to the Civil Service Commission or to arbitration until the City Manager has rendered a decision in an Appointing Authority hearing under Chapter 31, Section 41 or a decision on a grievance at Step 3. The filing of either a Civil Service appeal or demand for arbitration shall constitute an exclusive election of remedies.

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