Any dispute concerning whether such cause exists may be a subject of grievance and arbitration under the terns of this Agreement; provided, however, an employee may not pursue his/her grievance/arbitration remedies and his/her statutory Civil Service Commission remedies, if any, with respect to the same dispute, but must elect between them in writing, such election to be made at Step 3.

The arbitrator shall be chosen through the American Arbitration Association or any other entity as may be mutually agreed by both the Town Manager and the Union, but in no event shall the matter be appealed to the Civil Service Commission. If the parties choose to use the American Arbitration Association, the matter shall be conducted pursuant to the AAA Voluntary Labor Arbitration Rules.

The arbit rator 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 Agre ement or any rules or regulations of the Civil Service Commission or of any retirement board estab lished by law.

The grievance and arbitration procedure hereunder shall not apply Board or by the the Town which is subject to review by the Contributory Retirement Appeal Civil Service Commission.

The City further states that Rebecca Boutin, David Kennedy, and Kyle Miltimore did not engage in activity protected by the provisions of M.G.L. c. 150E, or any other statute, and that Rebecca Boutin, David Kennedy, and Kyle Miltimores employment was terminated for good and just cause under applicable law. 1 The City further states that Rebecca Boutin, David Kennedy, and Kyle Miltimore have appealed their terminations to the Civil Service Commission

in physical and/or emotional harm or 16 worse, to employees and citizens alike, the same can be said regarding Egloffs conduct 17 towards Nurse. 18 demonstrates that the Citys legitimate reasons, standing alone, would not have caused 19 it to terminate all three Charging Parties.18 That the City promoted Egloff but terminated the Charging Parties 18 In its Supplementary Statement, the Charging Parties asked the CERB to take judicial notice of the Civil

The City further states that Rebecca Boutin, David Kennedy, and Kyle Miltimore did not engage in activity protected by the provisions of M.G.L. c. 150E, or any other statute, and that Rebecca Boutin, David Kennedy, and Kyle Miltimores employment was terminated for good and just cause under applicable law. 1 The City further states that Rebecca Boutin, David Kennedy, and Kyle Miltimore have appealed their terminations to the Civil Service Commission

in physical and/or emotional harm or 16 worse, to employees and citizens alike, the same can be said regarding Egloffs conduct 17 towards Nurse. 18 demonstrates that the Citys legitimate reasons, standing alone, would not have caused 19 it to terminate all three Charging Parties.18 That the City promoted Egloff but terminated the Charging Parties 18 In its Supplementary Statement, the Charging Parties asked the CERB to take judicial notice of the Civil

The City further states that Rebecca Boutin, David Kennedy, and Kyle Miltimore did not engage in activity protected by the provisions of M.G.L. c. 150E, or any other statute, and that Rebecca Boutin, David Kennedy, and Kyle Miltimores employment was terminated for good and just cause under applicable law. 1 The City further states that Rebecca Boutin, David Kennedy, and Kyle Miltimore have appealed their terminations to the Civil Service Commission

in physical and/or emotional harm or 16 worse, to employees and citizens alike, the same can be said regarding Egloffs conduct 17 towards Nurse. 18 demonstrates that the Citys legitimate reasons, standing alone, would not have caused 19 it to terminate all three Charging Parties.18 That the City promoted Egloff but terminated the Charging Parties 18 In its Supplementary Statement, the Charging Parties asked the CERB to take judicial notice of the Civil

Any, dispute relative to the foregoing may be processed as a grievance under this Agreement or may be processed in accordance with law before the Civil Service Commission, provided, however, an employee may not pursue both his/her grievance/arbitration remedies and his/her statutory Civil Service remedies, if any, with respect to the same dispute, but must elect between them in writing, such election to be made after the action of the Chief of Police

Since the Civil Service Law is not listed in Chapter 150E Section 7 (d), decisions of the Civil Service Commission are not subject to bargaining. Third, the past practice of the Boston Police Department has involved unilateral development of promotional exams without bargaining with its unions. The development of the next promotional exam is entirely consistent with this practice.

Boston, Civil Service Commission, G1-07-241, July 9, 2009 (Henderson, Commissioner), citing and quoting from Commissioner of the Metropolitan Dist. Commission v. Director of Civil Service, 348 Mass. 184 at 187 (1964); other citations omitted. This is consistent with the recognition that appointments and promotions are inherent (and in this contract specified) reserved rights of management.