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.

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.

to abide by the provisions of Section 178 M and 178 N of Chapter 763, Acts of 1965, of the General Court which state: Section 178 M: It shall be unlawful for an employee to engage in, induce or encourage any strike, work stoppage, slowdown or withholding of services by such employees. 12 Section 178 N: Nothing in sections one hundred and seventy-eight F to one hundred and seventy-eight M, inclusive, shall diminish the authority and power of the civil

The Union, may, upon the request of the employee(s) under any provision provided for above. employee(s) involved, represent such The Employer agrees to make appointments to vacant Civil Service positions accordance with the procedures outlined in Chapter 31 of the Civil Service laws and rules. in 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

The Union, may, upon the request of the employee(s) employee(s) under any provision provided for above. involved, represent such The Employer agrees to make appointments to vacant Civil Service positions accordance with the procedures outlined in Chapter 31 of the Civil Service laws and rules. in 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

However, in the first instance of a positive test revealing a violation of this Article, if discipline is prescribed, then it will not be imposed if the officer exercises his appeal rights under Chapter 31 of the Massachusetts General Laws, until the Civil Service Commission renders a finding on the appeal.

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

In August 2012, Peavey testified against the City on behalf of a terminated patrol officer in a Civil Service Commission appeal of a terminated patrol officer. During his testimony on the appellants behalf, Peavey remarked that Heagney intimidated bargaining unit members, that they feared retribution from him, and that he gave others preferential treatment and overtime assignments. 42.