Duties of the Massachusetts Civil Service Commission include adjudicating disputes concerning the content and administration of promotional examinations, any HRD decision or 10 Case 1:07-cv-11693-GAO Document 347 Filed 09/05/14 Page 11 of 47 action that affects an applicant, and any employment action taken by an appointing authority. ld. 2(b)-(c).

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

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, If there are insufficient names on a current list, the City will call for the next available

In any matter in dispute which is governed by both the provisions of this Agreement and by the provisions of the Civil Service Law (Massachusetts General Law Chapter 31), the employee may process his claim either through the Grievance and Arbitration Procedure of this Agreement or through the Civil Service Commission and/or the Courts pursuant to Massachusetts General Law Chapter 31.

ARTICLE 26: MANAGEMENT RIGHTS g rights: The Management of the Fire Department shall be assured of the followin a) b) rk of existing laws and The right to hire, fire or transfer personnel as stated within the framewo The Fire Chief has the the rules and regulations as stipulated by the Civil Service Commission. has sole discretion, in right to determine shift requirements within his sole discretion.

Employees subject to suspension or discharge may process their appeals at the Massachusetts Civil Service Commission or by filing a grievance under the collective bargaining agreement culminating in arbitration under the rules of the AAA, but may not process the matter at both agencies. 13.5 Employees appealing discipline to the Massachusetts Commission Against Discrimination may not process that discipline under the grievance/arbitration procedure

Arbitration Exceptions Notwithstanding any provision of this Agreement to the contrary, any matter which is subject to the jurisdiction of the Civil Service Commission or any Retirement Board established by law, or where the employee otherwise has statutory appeal rights, or any dispute relative to wages which is subject to the jurisdiction of the Commissionerof Labor and Industries or any other federal or state agency, shall not be a subject of arbitration

Section 5, Notwithstanding any provision ofthis Agreement to the contrary, any matter that is subject to the jurisdiction of the Civil Service Commission, or any Retirement Board, established by law, or where the employee otherwise has statutory appeal rights, or any dispute, relative to wages, that is subject to the jurisdiction of the Commissioner of Labor and Industries, or any other state or federal agency, shall not be a subject of arbitration

ARTICLE 10 - PROMOTIONS, VACANCIES AND REDUCTION IN FORCE All matters pertaining to seniority, promotions, vacancies and reductions 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.

ARTICLE 10 - PROMOTIONS, VACANCIES AND REDUCTION IN FORCE All matters pertaining to seniority, promotions, vacancies and reductions 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.