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

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.

The fire department is a civil service department and all employees know that he acts as the final step hearing officer under civil service, before appeal may be taken to the Civil Service Commission. In this respect his role in different than the City Manager of Worcester who may be the final decision maker by statute, but rarely, if ever, exercises that function.

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

Any dispute relative to discipline, suspension, termination, or discharge or to matters within the jurisdiction of any Retirement Board established by law of the Civil Service Commission may be subject of grievance and arbitration under the terms of this Agreement, with the option of the employee to proceed at Step 4 of the grievance/arbitration procedure, or may be processed respectively before a Retirement Board and/or the Civil Service Commission

Notwithstanding any other terms of this Agreement, any matter which is subject to the jurisdiction of the Civil Service Commission, as, for example, discharge or suspension, or any matter which is subject to the jurisdiction of any retirement board established by law or ordinance, and any incident which occurred or failed to occur prior to the effective date of this Agreement, shall not be subject of any grievance or arbitration hereunder.

ARTICLE XXXI JUST CAUSE No employee, who has completed his/her disciplined or discharged without just cause. probationary period, shall be The filing of a grievance by any employee contesting any discipline or discharge shall constitute remedies which will automatically to the Civil Service Commission an election of bar the filing of an appeal by such employee under Chapter 31, or to the Retirement Board under Chapter 71, dealing with the same matter