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.

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 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.

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.

However, the employee may request the Association utilize the grievance/arbitration procedure to appeal disciplinary actions that are subject to appeal to the Civil Service Commission under M.G.L. C. 31. There shall be a just cause standard for disciplinary actions, and employees must elect, in writing, to utilize either the grievance/arbitration procedure or the appeal procedure under Chapter 31 as their exclusive avenue of the appeal.

The Arbitrator shall be without power or authority to make any award the terms of which are in conflict with other express provisions of this Agreement or any rules or regulations of the Department, the Civil Service Commission or the Retirement Board. No grievance or dispute within the jurisdiction of some other administrative body shall be arbitrable under any section of the contract.

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.

Notwithstanding any other provisions of this Agreement, 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 a grievance or arbitration hereunder unless the employee makes an election as authorized under General Laws, Chapter 150E, Section 8. 10 A grievance may be withdrawn by the employees initiating it or by the Union at any step of the proceedings.

(c) Notwithstanding any other provision of this Agreement, 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 unless the employee makes an election as authorized under General Laws Chapter 150E, Section 8. A grievance may be withdrawn by the employee initiating it or by the Union at any step of the proceedings.