Notwithstanding any provisions of this Agreement, any matter which is 107. subject to the jurisdiction of the Civil Service Commission or any Retirement 108.

In discipline and discharge cases, the affected employee(s) will be given the option of either proceeding under the grievance and arbitration provisions of this Agreement or under the rules and regulations of the state Civil Service Commission, if a Civil Service employee.

In discipline and discharge cases, the affected employee(s) will be given the option of either proceeding under the grievance and arbitration provisions of this Agreement or under the rules and regulations of the state Civil Service Commission, if a Civil Service employee.

The Union agrees without recourse that the Employer shall retain the right, subject only to applicable laws and Massachusetts Civil Service Commission Regulations to: A. Direct Employees in the unit. B.

Any: matter which is subject to the jurisdiction Section 7. of the Civil Service Commission or any Retirement Board shall not except that be the subject of grievance or arbitration hereunder, elects employee the where and agree Union the and City where the binding arbitration shall be the exclusive procedure for No employee resolving disciplinary suspensions or discharges. shall be period probationary month (6) who has completed his six disciplined

No grievance involving a discharge, demotion or suspension of an employee, which is governed by regulations of the Civil Service Commission or a Retirement Board, may be submitted to arbitration. The arbitrator may not add, subtract or alter any provision of this Agreement, nor may he establish any new terms or conditions of employment.

No grievance involving a discharge, demotion or suspension of an employee, which is governed by regulations of the Civil Service Commission or a Retirement Board, may be submitted to arbitration. The arbitrator may not add, subtract or alter any provision of this Agreement, nor may he establish any new terms or conditions of employment.

B) Time off for members of the union's grievance committee, which shall not exceed two (2) members, without pay or benefit loss and without required make up time, shall be provided for the investigation and processing of contract grievances and problems relative to the wages, hours and working conditions of bargaining unit personnel, for the processing of arbitration cases and for the processing of matters before the Civil Service Commission.

B) Time off for members of the union's grievance committee, which shall not exceed two (2) members, without pay or benefit loss and without required make up time, shall be provided for the investigation and processing of contract grievances and problems relative to the wages, hours and working conditions of bargaining unit personnel, for the processing of arbitration cases and for the processing of matters before the Civil Service Commission.

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 shall remain in full force and effect for the duration of this Agreement. ARTICLE Iil EMPLOYER RIGHTS SECTION A. 1.