Any dispute arising between an employee(s} and the employer, which is submitted as a grievance for resolution under this Agreement, shall not be arbitrable under any section of this Agreement, if such dispute or grievance is a suitable matter for submission to the Massachusetts Civil Service Commission unless the employee in writing waives such employees rights under Civil Service. ARTICLE 16.

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. 24 Failure to abide by the time limits set forth in the procedure shall be taken to be a negative response, and the moving party may proceed to the next higher step.

(from 09 - 11 MOA) ARTICLE XXXIV RESIDENCY C) March 6, 2012 Town of Raynham and IAFF, Local 2894 July 1, 2011 to June 30, 2013 24 New employees shall be required to comply with the residency requirements established by the Civil Service Commission. ARTICLE XXXV ALCOHOL AND CONTROLED SUBSTANCES TESTING POLICY Employees are prohibited from using alcohol, or being under the influence of alcohol while on duty.

ARTICLE XXXIV RESIDENCY New employees shall be required to comply with the residency requirements established by the Civil Service Commission. ARTICLE XXXV ALCOHOL AND CONTROLED SUBSTANCES TESTING POLICY Employees are prohibited from using alcohol, or being under the influence of alcohol while on duty. Employees additionally are prohibited from possessing alcohol while on duty.

In disciplinary matters, an employee shall make his election after whatever step pursuant to Civil Service Law an employee obtains the right to appeal the Citys decision to the Civil Service Commission.

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.