The grievance and arbitration procedure hereunder shall not apply to any action of the Town which is subject to review by the Contributory Retirement Appeal Board or by the Civil Service Commission where applicable and personnel rules and regulations. Section 4. Copies of all actions relative to this contract by Management (Board of Selectmen and/or Town Manager) shall be forwarded to all employees. ARTICLE UL Section 1.

employment when required due to lack of work or to make reasonable rules and regulations curtailment of work; which do not conflict to affairs Section the of provisions and supervise the without hindrance and control generally municipal with Towns this Agreement operations and and interference. 4. removal or termination of an dismissal, Whenever the suspension, employee is subject to review by the Contributory Retirement the action may be Board or by the Civil

Within ten (10) days of receipt of a decision on an appeal provided for in paragraph (b), the employer or the employee may further appeal the evaluation to the Civil Service Commission.

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

Section 4 of the, Agitement benno Alliance end of Messachusens deicd ~ hereby waive any end all nights to appeal tit cisdipdinary cotices te any other toruns inchoding the Civil Service Commission. initszte ch Bay Anite 23. | ce effective on other appeal Of this discipsi mary anon. 1 heve ry Dzre ) Lmypdovee Signeture ~ Union Representztive Sienature Dt Exhibit2 The Commonwealth of Massachusetts Executive Office of Health & Human Services Department

Sometime in 2015, certain lieutenants within the DOC filed a petition with the Massachusetts Civil Service Commission (Commission) alleging that the DOC did not have a written promotional examination to establish an eligibility list for the promotion of lieutenants to the rank of Captain.

The decision of the civil service commission shall be final and binding on all agents and agencies of the commonwealth When CSC decision was issued, the employer was given 30 days to file an appeal. They declined to do so.

For Civil Service employees, the issue of just cause is reviewable by both the appointing authority (City Manager) and the Civil Service Commission (or an arbitrator, if the employee opts to grieve the discipline he receives). Both the Commission and an arbitrator are likely to consider several factors in deciding whether a given disciplinary action is supported by just cause: a.

Employees subject to suspension or discharge may process their appeals at the Massachusetts Civil Service Commission or by filing a grievance under the collective bargaining agreement culminating in arbitration under the rules of the AAA, but may not process the matter at both agencies. 13.5 Employees appealing discipline to the Massachusetts Commission Against Discrimination may not process that discipline under the grievance/arbitration procedure

Chapter 31), the employee may process his/her claim either through the Grievance and Arbitration Procedure of this Agreement or through the Civil Service Commission pursuant to M.G.L. Chapter 31. The employee must submit to the Town Manager a written election of procedure within ten (10) working days of the Step 2 decision of the Chief of Police which had given rise to the dispute.