Section 5 Exclusions: Notwithstanding any provision of this Agreement any matter which is subject to the jurisdiction of the Civil ServiceCommission or any Retirement Board established by Law or where the employee otherwise has statutory appeal rights, or any dispute relative to statutory wages shall not be the subject of arbitration under this Agreement.
Section 5: Exclusions: Notwithstanding any provision of this Agreement, any matter which is subjec t to the jurisdiction of the Civil ServiceCommission or any Retirement Board established by Law or where the employee otherwise has statutory appeal rights or any dispute relative to statutory wages shall not be the subject of arbitration under this agreement.
Section 5: Exclusions from Arbitration: Notwithstanding any provision of this Agreement, any matter which is subject to a verbal and written discipline related to a violation of Article 17, Sick Leave, to the jurisdiction of the Civil ServiceCommission or any Retirement Board established by Law or where the employee otherwise has statutory appeal rights or any dispute relative to statutory wages shall not be the subject of arbitration under this
The arbitrator shall only interpret such items and determine such issues as may be submitted to him/her by the written agreement of the parties. 5.03.02 Grievances may be settled without precedent at any stage of the procedure until the issuance of a formal award by the arbitrator. 5.04 Exceptions Notwithstanding any provision of this Agreement to the contrary, any matter which is subject to the jurisdiction of the Civil ServiceCommission, any Retirement
As the Hearing Officer correctly points out, the Civil ServiceCommission, in Puza, engages in no discussion of collective bargaining and fitness for duty examinations. Decision at 7 Arguably, what is required of an employee returning from leave is a mandatory subject of bargaining separate from requiring on duty officers to undergo fitness for duty evaluations.
The Civil ServiceCommission also adopted the standard set forth by the Supreme Judicial Court in Nolan v. Police Commr of Boston, 383 Mass. 625, (1981). In Puza v. Westfield Police Commission, D-12- 318, p. 23 (2014), the Commission held: An appointing authority, such as a Police Department, may require an employee to undergo a fitness for duty evaluation.
The Civil ServiceCommission also adopted the standard set forth by the Supreme Judicial Court in Nolan v. Police Commr of Boston, 383 Mass. 625, (1981). In Puza v. Westfield Police Commission, D-12- 318, p. 23 (2014), the Commission held: An appointing authority, such as a Police Department, may require an employee to undergo a fitness for duty evaluation.
First, the Civil ServiceCommission has expressly ruled: An appointing authority, such as a Police Department, may require an employee to undergo a fitness for duty evaluation. In fact, the Supreme Judicial Court has found that a Police Commissioner has a public duty to oversee the performance of police officers. Nolan v. Police Commissioner of Boston, 383 Mass. 625, 630 (1981); see also City of Boston v.
Accordingly, the 21 Citys argument fails. 25 This City also cites a Civil ServiceCommission case, Puza v. Westfield Police Commission, D1-12-318, p. 23 (2004).
Matters which may be reviewed by the Civil ServiceCommission, 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
The probationary period shall be for six working months and an additional three-month extension if needed; d) any incident which occurred or failed to occur prior to the effective date of this Agreement; e) notwithstanding any other provisions of this Agreement to the contrary, issues subject to Retirement Board, Civil ServiceCommission, Massachusetts Commission Against Discrimination (MCAD), Department of Industrial Accidents, Labor Relations Commission
Notwithstanding any provisions of this Agreement, any matter which is 107. subject to the jurisdiction of the Civil ServiceCommission or any Retirement 108.
Notwithstanding any provisions of this Agreement, any matter which is 107. subject to the jurisdiction of the Civil ServiceCommission or any Retirement 108.
An employees filing with the Civil ServiceCommission of a disciplinary or discharge appeal shall constitute an election of Civil Service as the exclusive procedure for resolving the dispute over the discipline and the disciplinary matter shall not be the subject of grievance and arbitration. Only suspensions and discharges may be appealed to arbitration, grieved up to Step 3. Reprimands may be M.