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

Asa condition precedent to submitting a grievance alleginga violation of Section 1 of 24, the Union and the employee involved shall sign and give fo the Employer, on a Article form, agreed and incorporated as Appendix B, a waiver of any and all rights to appeal the disciplinary action to the Civil Service Commission. Che waiver shall include a declaration that no disciplinary review has been commenced at the Civil Service Commission.

Immediately following the meeting, Maher informed Muir that if he fought the termination, then the City would go after his pension; but, Maher did not inform him that if Muir unsuccessfully pursued his termination he could appeal the decision to the Civil Service Commission. After speaking with Maher on August 23, 2010, Muir went home and told his family that he had to settle with the City or risk losing his pension.

Accordingly, the provisions of Chapter 31 of the Massachusetts General Laws and all rules and regulations promulgated by the Civil Service Commission thereunder shall, as they apply to said employees, be adhered to. 18 ARTICLE XXII LONGEVITY PAY Section 1: An employee who completes the number of years indicated below of creditable service, resulting solely from employment by the City of Attleboro, in the City of Attleboro Municipal Contributory Retirement

Any matter which is subject to the jurisdiction of the Civil Service Commission or any Retirement Board established by law shall not be a subject of grievance or arbitration hereunder. Complaints by Civil Service employees that they are being required by the Appointing Authority to perform work outside their job descriptions shall be referred to the Office of Labor Relations prior to making complaint to the Director of Civil Service.

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); Faria v. Third Bristol Div. of Dist. Ct., 14 Mass. App.

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); Faria v. Third Bristol Div. of Dist. Ct., 14 Mass. App.