action which is within the jurisdiction of the Massachusetts Civil Service Commission may not simultaneously challenge such action before both the Civil Service Commission and the American Arbitration Association.

On the late afternoon of September 17, 2012, while the School District's counsel was in the midst of a hearing at the Civil Service Commission, counsel jointly agreed to postpone the September 25" arbitration to avoid incurring a cancellation fee of $1,000. Within a few days after the arbitration was postponed, the parties found that they were not able to reach a settlement.

While the School District continued a dialogue with the Unions not able to reach agreement prior to the cancellation deadline of On the late afternoon of September 17, 2012, while the School Districts counsel was in the midst of a hearing at the Civil Service Commission, counsel jointly agreed to postpone the September 25" arbitration to avoid incurring a cancellation fee of $1,000.

See, e.g., Commissioners Boston, 359 Mass. 211, 213-17 & n.1 (1971) (directing affirmance of civil service commission decision upholding city mayors just of Civil cause Service suspension v. Municipal and dismissal Ct. of the City of of police officer notwithstanding not guilty verdict on underlying assault and battery charges against officer); Faria v. Third Bristol Div. of Dist. Ct., 14 Mass. App.

The policy is on file with the Human Resources Department and has been placed on file in cases with the Civil Service Commission. ARTICLE IX SICK LEAVE INCENTIVE Employees covered by this Agreement shall be entitled to a sick leave incentive dollar amount for each calendar year per the following schedule: Days Used 0 1 2 3 Incentive Amount $600.00 500.00 400.00 300.00 Usage of over 3 days will result in no dollar incentive for that employee.

For example, SPAM has, including but not limited to, distributed full eight hour paid days of release time to members a SPAM attending their own disciplinary appeals at the Civil Service Commission and enabled additional receive to time) member disciplined for misconduct (suspended or forfeiting accrued SPAM is and unauthorized compensation from the Commonwealth.

The arbitrator can add nothing to or subtract anything from the Agreement between the parties. 11.3: Notwithstanding any other provisions of this Agreement to the contrary, issues subject to retirement Board, Civil Service Commission, or other similar subject matters which have rights of appeal, shall not be the subject of arbitration.-or conciliation.

The arbitrator can add nothing to or subtract anything from the Agreement between the parties. 11.3: Notwithstanding any other provisions of this Agreement to the contrary, issues subject to retirement Board, Civil Service Commission, or other similar subject matters which have rights of appeal, shall not be the subject of arbitration.-or conciliation.

The arbitrator shall be without power or authority to make any award, the terms of which are not permitted directly or indirectly by law or ordinance or which are in conflict with the express provisions of this Agreement or any rules or regulations of the School Committee or the Civil Service Commission or any Retirement Board established by law. 7.

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, established 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 of Labor and Industries, or any other state or federal agency, shall not be a subject of arbitration.

Any matter, which is subject to the jurisdiction of the Civil Service Commission, shall not be a subject of grievance or arbitration under this Agreement. ARTICLE XXXI WAGES A, For the period beginning July 1, 2011 through June 30, 2012, there shall be a two and one-half (2.5%) cost-of-living adjustment over FY 2009 salary.