The most senior qualified applicant shall receive the shift. 10 14:03 The Town will annually furnish the Union with a seniority list showing names and titles of all employees of the bargaining unit as established by the Civil Service Commission. 14:04 Any former officer, except for those retired under involuntary retirement procedures, who returns to work in the Police Department after a break in service greater than five years shall not return to

ARTICLE 10 - PROMOTIONS, VACANCIES AND REDUCTION IN FORCE All matters pertaining to seniority, promotions, vacancies and reduction in force shall be regulated by the rules of the Civil Service Commission.

ARTICLE 10 - PROMOTIONS, VACANCIES AND REDUCTION IN FORCE All matters pertaining to seniority, promotions, vacancies and reduction in force shall be regulated by the rules of the Civil Service Commission. ARTICLE 11 - INFORMATION The Town shall furnish to the Union during the life of this Agreement, a list of all employees in the bargaining unit showing name, address, date of birth, length of service, classification, and rate of pay.

Employees with grandfathered Civil Service rights may process a dispute relative to discipline or discharge before the Civil Service Commission or through arbitration, but not both. If an employee is promoted to a higher title, the employee loses all grandfathered Civil Service rights. | ARTICLE XXXII - STABILITY OF AGREEMENT - EFFECT OF AGREEMENT Section 1.

. | The Union agrees without recourse that the Employer shall retain the right, subject only to applicable laws and Massachusetts Civil Service Commission Regulations to: A. Direct Employees in the unit. B. Hire, promote, transfer, assign and retain employees in positions within the Police Department and to suspend, demote, discharge or take other disciplinary action against employees.

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 7 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.

The filing of an appeal with the Civil Service Commission under the provisions of Massachusetts General Laws chapter 31 shall constitute an election of remedies and shall automatically bar the filing of or continuation of any grievance or arbitration pursuant to this Agreement.

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 intent to arbitrate, but cannot file both in accordance with the provisions of Massachusetts General Laws Chapter 150E, section 8.

Disciplinary action may be submitted to arbitration pursuant to Article 4 at such time as it is otherwise appealable to the Civil Service Commission. An eligible employee may exercise his/her appeal to the Civil Service Commission or to arbitration, but not both. Section 10.

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

(Egloff did not testify at the hearing before the WFC, at the Civil Service Commission, or at this hearing, and did not make a denial of it to the State Police, according to their report.) McDonald next interviewed Kozikowski, Boutin, Kennedy, Miltimore and Genereux. (Jt. Ex. 24, pp. 14-30). McDonald testified that the order of the interviews was based on the convenience of the employees and the convenience of the Department. pp. 15-16).