Matters which may be reviewed by the Civil Service Commission, the City of Newton Retirement Board, or any matter involving the dismissal of a permanent employee, which may be reviewed by the Civil Service Commission or by a court of competent jurisdiction, shall not be subject to this grievance and arbitration procedure unless the employee involved elects to contest her dismissal or other matter pursuant to the provisions of this Article within ten

As a condition precedent to submitting a grievance alleging a violation of Section 1 of Article 23, the Union and the employee involved shall sign and give to the Employer, Any such grievance must be filed within ten (10) working days of the date such on a form agreed and incorporated as Appendix F, a waiver of any and all rights to appeal the disciplinary action to the Civil Service Commission. The waiver shall action was taken.

Locontos argument in 6 To support his argument that he should have been placed on paid leave, Loconto primarily relies upon Civil Service Commission decisions, [Appellant Brief 7], which is governed by , G.L. c. 31, and the American Psychological Associations Professional Practice Guidelines for Occupationally Mandated Psychological Evaluations, [id. at 8]. His reliance on such is misplaced as they not relevant to his claims under G.L. c. 150E.

Add to Article XXXIV (Miscellaneous) the following: Notwithstanding any prior practice, the City reserves its rights to select a lower rated candidate, within the so-called 2N + 1 rule, subject only to the right of a higher rated candidate, exercising his/her right under M.G.L. c. 31, 27, to file a so-called bypass appeal, and the Civil Service Commission shall have exclusive jurisdiction of any dispute about any such selection.

Municipal Ct. of the City of Boston, 359 Mass. 211, 213-17 & n.1 (1971) (directing affirmance of civil service commission decision upholding city mayors just cause suspension and dismissal of police officer notwithstanding not guilty verdict on underlying assault and battery charges against officer); 7 Faria v. Third Bristol Div. of Dist. Ct., 14 Mass. App.

Notwithstanding any other provision of this Agreement, any matter which is subject to the jurisdiction of the Civil Service Commission or any Retirement Board established by law shall not be subject to the grievance or arbitration procedure hereunder. It is understood and agreed that Local l735 shall have the right to represent any employee covered by this Agreement in any Civil Service or Retirement Board hearing or proceeding.

Notwithstanding any other provision of this Agreement, any matter which is subject to the jurisdiction of the Civil Service Commission or any Retirement Board established by law shall not be subject to the grievance or arbitration procedure hereunder. It is understood and agreed that Local l735 shall have the right to represent any employee covered by this Agreement in any Civil Service or Retirement Board hearing or proceeding.

If a custodian/maintenance worker does not satisfy all areas determined to be unacceptable within one year of remediation, dismissal proceedings will be recommended which they may challenge in the grievance arbitration procedure or at the Civil Service Commission. APPEAL PROCESS AND PROCEDURES The right to appeal is an important element of the Custodian/Maintenance Worker Performance Process.

(c) If a custodian/maintenance worker does not satisfy all areas determined to be unacceptable within one year of remediation, dismissal proceedings will be recommended which they may challenge in the grievance arbitration procedure or at the Civil Service Commission. APPEAL PROCESS AND PROCEDURES The right to appeal is an important element of the Custodian/Maintenance Worker Performance Process.

Any matter, which is subject to the jurisdiction of the Civil Service Commission, shall not be a subject of erievance or arbitration under this Agreement. The provisions of this Article shall only apply to those members of the union who are civil service employees.

Should any provisions of this Agreement be found to be in violation of any Federal or State Law or Civil Service Commission rule by a court of competent jurisdiction, all other provisions of this Agreement shal] remain in full force and effect for the duration of this Agreement. ARTICLE IU EMPLOYER RIGHTS SECTION A. 1.