Notwithstanding the foregoing, any disciplinary matter, including any discharge, that is subject to the jurisdiction of the Civil Service Commission or a Retirement Board established by law, or that is subject to challenge before any other federal or state agency, shall not also be a subject of arbitration. The employee shall elect between arbitration or the alternate route. Job Descriptions 1.

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 the express provision of this Agreement or any rules or regulations of the Civil Service Commission or of any retirement board established by law.

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. Section 9. By mutual consent, the parties may elect to utilize the services of the state Board of Conciliation and Mediation. Section 10. Pre-Arbitration Hearing.

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. Section 9. By mutual consent, the parties may elect to utilize the services of the state Board of Conciliation and Mediation. Section 10. Pre-Arbitration Hearing.

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. Section 9. By mutual consent, the parties may elect to utilize the services of the State Board of Conciliation and Mediation. Section 10. Pre-arbitration meeting.

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. Section 9. By mutual consent, the parties may elect to utilize the services of the State Board of Conciliation and Mediation. Section 10. Pre-arbitration meeting.

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. Section 9. By mutual consent, the parties may elect to utilize the services of the state Board of Conciliation and Mediation. Section 10. Pre-Arbitration Hearing.

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. Section 9. By mutual consent, the parties may elect to utilize the services of the state Board of Conciliation and Mediation. Section 10. Pre-Arbitration Hearing.

The parties agree that the City will request the Civil Service Commission to conduct promotional examinations according to the following schedule: Lieutenants Exam...Commencing November 1999 once every two years. Captains Exam...Commencing November 1999 once every two years. Deputies Exam...Commencing with the next scheduled exam and every two years after.

An Employee who is aggrieved by a Civil Service disciplinary decision of the appointing authority must within ten (10) days of the receipt of such decision elect to appeal the action to the Civil Service Commission, or provide written notice of his/her intent to arbitrate, but cannot file both in accordance with the provisions of Massachusetts General Laws Chapter 150E, Section 8.