Any dispute relative to discipline or discharge or to matters heretofore within the jurisdiction of the Civil Service Commission may be a subject of grievance and arbitration under the terms of this Agreement, with the option of any employee to proceed at Step 3 or Step 4 of the grievance procedure, or may be processed respectively before the Civil Service Commission; provided, however, that an employee may not pursue both remedies in terms of the

Any dispute relative to discipline or discharge or to matters heretofore within the jurisdiction of the Civil Service Commission may be a subject of grievance and arbitration under the terms of this Agreement, with the option of any employee to proceed at Step 3 or Step 4 of the grievance procedure, or may be processed respectively before the Civil Service Commission; provided, however, that an employee may not pursue both remedies in terms of the

Section 4 As a condition precedent to submitting a grievance alleging a violation of Section |, pursuant to Article 23A - Grievance_Procedure, the Union and the employee involved shall sign and give to the Employer, on a form prepared by the Employer, a waiver of any and all rights to appeal the disciplinary action to any other forum including the Civil Service Commission.

Rymill thereafter filed a bypass appeal with the Civil Service Commission. However, the Commission determined at the pre-hearing conference in September of 2019 that because only one Captains position was filled, and Lt. Rymill was second on the list, he had not been bypassed and was not entitled to an appeal. The Union thereafter filed the instant charge of prohibited practice on December 20, 2019.

The employee, if disciplined, can challenge the conclusion through a pre-disciplinary hearing, known as a Trial Board in BPD nomenclature, a Civil Service Commission appeal and/or a grievance. In this case, the BPD charged Federation-represented employee J.E., inter alia, with violating a BPD Rule on conformance to laws for allegedly operatin~ a vehicle under the 3 influence (OUI), and in a manner that led to an accident.

Civil Service Commission, 447 Mass. 814, 823 (2006). Similarly, in the context of an arbitration arising under a CBA, the role of the arbitrator is to conduct a de novo hearing and determine if the appointing authoritys decision was reasonably justified. 4. Walshs Version of the September 2, 2011 Incident Is Not Credible.

Seniority status of a member shall be established according to the date of promotion as listed in the records of the Civil Service Commission within grade. For purposes of selection of shift assignments (excluding specialist assignments) and reduction of force, preference will be given to seniority within rank. Paragraph 182.

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.

The arbitrator shall be without power or authority to make any award which requires the commission of an act prohibited by law or ordinance or which is in conflict with express provisions of this Agreement or any rules or regulations of the Civil Service Commission or of any retirement board established by law.

Any employee wishing to appeal a disciplinary action taken pursuant to Article 23 of this Agreement, must sign and submit to the Employer, on a form prepared by the Employer, a confirmation that the employee has not appealed said disciplinary action to any other forum, including but not limited to the Civil Service Commission, Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission.