An employees filing with the Civil Service Commission 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.

A grievance shall be waived as well by filing any legal action or administrative proceeding (including before the Civil Service Commission, State Labor Relations Commission, MCAD or EEOC) which involves the same facts or portion of the facts involved in the grievance. All days described herein are working days unless otherwise specified. All time limits are maximum and shall be extended only in writing between the parties.

(H) GRIEVANCES: In consideration of the agreements set forth herein and the City's assurance to discuss changes to clarify the language of the collective bargaining agreement, the Bargaining Unit agrees to forthwith, formally withdraw the grievances of Joseph Grafton, Uniform Allowance, Boots, AAA Case #11 390 02106 04; Dennis James, Bypass Claim, Civil Service Commission Case No. G2-04-335; July 4th Class Action, AAA Case #11 390 02107 04.

Notwithstanding any provision of this agreement to the contrary, any matter which 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, shall not be a subject of arbitration hereunder.

Should any provisions of this Agreement be found to be in violation of any Federa l or State Law or Civil Service Commission rule by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.

Subject to the provisions of Chapter 150E of the General Laws, nothing in this Agreement shall diminish the authority and power of the Civil Service Commission, any Retirement Board or Personnel Board established by law. ARTICLE 17 EFFECT OF AGREEMENT (a) This Agreement contains and constitutes the entire Agreement between the Town and Local 1706 arrived at as a result of collective bargaining.

The arbitrator shall have no power to alter, amend, add to, or detract from the language of this Agreement, nor shall the arbitrator have any power with respect to any right or relief of any period prior to the effective date of this Agreement. 5 Section 5 Exclusions: Notwithstanding any provision of this Agreement, any matter which is subject to the jurisdiction of the Civil Service Commission or any Retirement Board established by Law or where the

Any matter which is subject to the jurisdiction of the Civil Service Commission or any Retirement Board established by law, any incident which occurred or failed to occur prior to the effective date of Agreement, shall not be the subject of any grievance or arbitration hereunder.

Penalty for Abuse of Privilege In the event of apparent abuse of any regulation pertaining to sick leave privileges, the Town through its Board of Selectmen or other responsible Board or Commission may disallow sick leave and may discharge an employee from his service with the Town after a hearing by the Board of Selectmen or other responsible Board or Commission, in accordance with the Rules and Regulations of the Civil Service Commission where applicable

Penalty for Abuse of Privilege In the event of apparent abuse of any regulation pertaining to sick leave privileges, the Town through its Board of Selectmen or other responsible Board or Commission may disallow sick leave and may discharge an employee from his service with the Town after a hearing by the Board of Selectmen or other responsible Board or Commission, in accordance with the Rules and Regulations of the Civil Service Commission where applicable