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.

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

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.

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.

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.

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.