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).

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).

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.

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

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.

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