to review the evaluation. b, Within ten (10) days of receipt of a decision on employee's appeal outlin aph (a) the employee or the employer may appeal an evaluation to a three (3)-meedmberin paragr panel appointed by the appointing authority in conjunction with representatives of labor 10 Within ten (10) days of receipt of a decision on an appeal provi for m paragraph (b), the employer or the employee may further appeal the evaluation to ded the Civil

No award may be made retroactive for more than thirty days prior to 17 the date the grievance was reduced to writing under Step 2, except in cases where the affected employee was unaware of the grievance for reasons beyond the employee's control. 16.2 The grievance and arbitration procedure hereunder shall not apply to any matter which is within the proper jurisdiction of the Contributory Retirement Appeal Board or the Civil Service Commission. 16.3

No award may be made retroactive for more than thirty days prior to the date the grievance was reduced to writing under Step 2, except in cases where the affected employee was unaware of the grievance for reasons beyond the employee's control. 16.2 The grievance and arbitration procedure hereunder shall not apply to any matter which is within the proper jurisdiction of the Contributory Retirement Appeal Board or the Civil Service Commission. 16.3

And in police bypass cases especially, the Civil Service Commission must give substantial deference to the Towns judgment. City of Beverly v. Civil Service Comm'n, 78 Mass.App.Ct. 182, 188 (2010). Consistent with this, a candidate has no property right or expectation based on his/her examination score. Bielawski v. Personnel Adm'r, 422 Mass. 459, 466 (1996).

Civil Service Commission, 35 Mass. App. Ct. 688, 692 (1993). Section 16 does not create a specific statutory mandate that controls all 27 issues to the exclusion of any collective bargaining because it does not require the 28 public employer to take any particular action, give the employer unfettered authority to 12 MUP-14-3750 H.O. Decision (contd.) determine promotional criteria, or in any way hinder the employer's ability to bargain.

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 (before

In addition, the Commonwealth may draw upon the considerable resources of the Civil Service Commission, the Bureau of Personnel and Standardization, the Office of Fiscal Affairs within the Executive Office of Administration and Finance, and other resources far beyond those available to municipalities. Finally, many departments and agencies have labor relations specialists who will presumably be available to the Employer.

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, 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 include a declaration that no disciplinary review has been commenced at the Civil Service Commission.

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

Permanent employees shall not be disciplined or discharged except for just cause.Any dispute relative to discipline or discharge may be subject to grievance or arbitration under the terms of this agreement, with the option in an employee to proceed at Step 4 of the grievance procedure, or may be processed respectively before a retirement board and/or the Civil Service Commission; provided, however that an employee may not pursue both remedies in terms

Section 3. jurisdiction of Any dispute relative to discipline or discharge or to matters heretofore within the may be a subject of any Retirement Board established by law or of the Civil Service Commission of any employee to grievance and arbitration under the terms of this Agreement, with the option vely before a respecti ed proceed at Step 3 or Step 4 of the grievance procedure, or may be process , that an employee may Retirement Board and/or Civil