It is clearly understood that the arbitrator may not contradict or modify the terms of this Agreement or render a decision which is in conflict with the express provisions of this Agreement or any ordinance or law, or any rules or regulations of the Civil Service Commission.

Any dispute relative to discipline or discharge may be the subject of grievance or arbitration under the terms of this Agreement, with the option in an employee to proceed at Step 3 of the grievance procedure, or may be processed respectively before the Civil Service Commission, provided, however, that an employee may not pursue both remedies in terms of the same dispute, but must elect between them in writing.

Nothing in this Article shall contravene the tights and responsibilities of the Civil Service Commission, nor shall it supersede the rules and regulations of the Civil Service Commission except that any disciplinary action, including discharge, decided on its merits by an arbitrator will be deemed an election of remedies thereby waiving resort to Civil SeIVice procedures to redress the same disciplinary action.

On November 9, 2010, Officer Ruffen appealed the Citys determination to lay her off to the Civil Service Commission. She alleged that she was improperly laid off and that she actually had an earlier civil service appointment date. While challenging her date, she at no time alleged that she was not given a civil service hearing. See EX 1 generally. 60. By letter dated September 9, 2010, the City advised Ruffen that it was laying her off.

Believing that he was laid off in error, Cote wrote to the Civil Service Commission (CSC) on July 2, 2010, and asked it to investigate his seniority date.

Inoa challenged her termination in an appeal to the Civil Service Commission but did not challenge the lack of a pre-termination hearing in that appeal. Tr. I, p. 107. The Civil Service Commission, in an unsigned decision, appears to have sustained her termination.

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 grievance or arbitration hereunder. Complaints by Civil Service employees that they are being required by the Appointing Authority to perform work outside their job descriptions shall be referred to the Office of Labor Relations prior to making complaint to the Director of Civil Service.

Rather, in contrast to the collective bargaining agreement in the Commonwealth case, which guaranteed nurses the right to appeal their classifications through the Civil Service Commission, see generally, 24 MLC 116, the investigation record in this case shows that the Form 26 is a Boston Police Department Internal Memorandum that is not referenced in the collective bargaining agreement.

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 grievance or arbitration hereunder. Complaints by Civil Service employees that they are being required by the Appointing Authority to perform work outside their job descriptions shall be referred to the Office of Labor Relations prior to making complaint to the Director of Civil Service.

complaint involving a question concerning the meaning, interpretation or application of, or compliance with the terms or provisions of this Agreement, or (b) any dispute between an employee and his supervisors arising out of an exercise of administrative discretion by such supervisor or supervisors, there being excluded, however, from the term grievance any grievance or complaint which is, or upon proper appeal would be, within the jurisdiction of the Civil

Notwithstanding any provision of this Agreement to the contrary, the following shall not be a subject of any arbitration: any matter in which the Union or employee has statutory rights including, but not limited to rights under M.G.L., c. 151B or M.G.L., c. 150E, 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

(c) Any dispute arising between an employee(s) and the employer, which is submitted as a grievance for resolution under this Agreement, shall not be arbitrable under any section of this Agreement if such dispute or grievance is a suitable matter for submission to the Massachusetts Civil Service Commission. (d) Any of the time limits outlined in this Agreement may be changed, at any time, by mutual agreement of the parties, Union and Town.