Civil Service Commission, 22 Mass. App.Ct. 364, 371 (1986). The Town has produced credible evidence that Officer Romeo sought reimbursement for a detail shift that he did not work. That conduct is tantamount to theft (or attempted theft), of public funds. The Town had further credible evidence that Officer Romco lied to Chief Delehanty about the supposed justification for his conduct not a single witness has corroborated his account.

Section 2: The Union agrees to represent all employees covered in this unit without regard to membership or participation in or association with the activities of the Union, or any _ come within the jurisdiction of said Civil Service Commission may be processed either as a grievance or as a Civil Service appeal, but not both..

(d) Notwithstanding any other provisions of this Agreement, any matter which is subject to the jurisdiction of the Civil Service Commission established by law shall not be a subject of grievance or any Retirement or arbitration hereunder Board unless the employee makes an election as authorized under General Laws Chapter 150E, Section 8. 6|Page A grievance may be withdrawn by the employee initiating it or by the Union at any step of the proceedings

Any ngatter is subject to the jurisdiction of the Civil Service Commission Retirement Board established by law shall not be subject of grievance or arbitration hereunder, Complaints by Civil Service employees that they are being required by the Director Commission to ber form work outside their job descriptions shall be referred to the of Human Resources prior to making a complaint to the Director of Civil Service.

ARTICLE Il PROTECTION Employees employed under the Civil Service status shall be employed in accordance with and possess all of the rights afforded by Chapter 31 of the General Laws of Massachusetts and all applicable regulations of the Massachusetts Civil Service Commission and any other administrative body having jurisdiction in the premises issued thereunder. A.

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.