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.

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.

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

The City agrees to cali for such promotional examinations at least every two years. 22.2 Employees shall be granted time off from duty without loss of compensation equal to the scheduled length of such examination plus 90 minutes for the purposes of taking any Fire Department Promotional Civil Service Examination conducted by the Civil Service Commission or the Division of Personnel Administration of the Commonwealth for which Employees are eligible

No member shall be suspended, disciplined except for just cause. discharged, removed, dismissed, or otherwise Said actions shall be subject to the grievance and arbitration procedure, subject to the provisions of Section F, provided that a bargaining unit member may not contest the discipline in both arbitration and before the Civil Service Commission. H.

The City agrees to call for such promotional examinations at least every two years. 22.2 Employees shall be granted time off from duty without loss of compensation equal to the scheduled length of such examination plus 90 minutes for the purposes of taking any Fire Department Promotional Civil Service Examination conducted by the Civil Service Commission or the Division of Personnel Administration of the Commonwealth for which Employees are eligible

Any employee subpoe naed as a witness and ordered to attend a hearing, trial or other proceeding having to do with a direct work-related incident or matter being before the Civil Service Commission or any other Commonwealth board or commission or in state or federal court, shall receive the employees regular compensation during his/her absence from work.

For the purpose of this Section, the words "regular officer" shall include an employee serving under a provisional appointment made in accordance with the provisions of Chapter 31 of the Massachusetts General Laws and all rules and regulations promulgated by the Civil Service Commission thereunder. Section 4. Employees at their discretion may elect to accept compensatory time off in lieu of overtime pay.

COMMONWEALTH OF MASSACHUSETTS CIVIL SERVICE COMMISSION SUFFOLK, ss. One Ashburton Place Room 503 Boston, MA 02108 617-727-2253 IN RE: CASE NOS: D-01-1409 (Thompson) D-02-656 (Beckers) D-02-657 (Jones) D-03-116 (McGowan) D-03-212 (Bridgeman) D-03-213 (Harris) D-03-214 (Washington) D-03-362 (Bridgeforth) D-04-52 (Downing) D1-07-107 (Guity) BOSTON POLICE DEPARTMENT DRUG TESTING APPEALS (D CASES) Appearance for Appellants: Alan H. Shapiro, Esq.