Should any provisions of this Agreement be found to be in violation of any Federal or State Law or Civil Service Commission rule by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. ARTICLE III SECTION A. l.

Should any provisions of this Agreement be found to be in violation of any Federal or State Law or Civil Service Commission rule by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. ARTICLE III SECTION A. l.

Any member of the Association who is not satisfied with an overall annual review and assessment of goal completion may, within ten days of the date the review was received appeal the review either to the Civil Service Commission or through established grievance procedures, but not both.

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 A grievance may be withdrawn by the employee initiating it or by the Union at any step of the proceedings.

City of Chicopee, the Civil Service Commission noted: The Commission has, in a handful of decisions, considered the question of whether a vacancy came into existence and, if so, whether the appointing authority filled it in one of the permissible ways. They are: O'Connor v. Boston Police Dep't, 22 MCSR 660 (2009); Thomas v. Boston Police Dep't, 22 MCSR 157 (2009); Greeley v. Belmont, 19 MCSR 32 (2006); Gaughan v.

Any dispute relative to discipline or discharge or to matters heretofore within the jurisdiction of any Retirement Board established by law may be a subject of grievance and arbitration under the terms of this Agreement or may be processed respectively before the Civil Service Commission or Retirement Board provided, however, that Local 718 may not pursue both remedies in terms of the same dispute.

Notwithstanding any other provisions of this Agreement, any matter which is subject to the jurisdiction of the Civil Service Commission or any Retirement Board established by law shall not be a subject of a grievance or arbitration hereunder unless the employee makes an election as authorized under General Laws, Chapter 150E, Section 8.

Any dispute arising between the employee and the City which is a suitable matter for submission to the Commonwealth of Massachusetts Civil Service Commission and is submitted as a grievance for resolution under this Contract shall not be arbitrable under this Contract unless and until the employee waives in writing his/her rights under Civil Service. 7.5.

Any dispute arising between the employee and the City which is a suitable matter for submission to the Commonwealth of Massachusetts Civil Service Commission and is submitted as a grievance for resolution under this Contract shall not be arbitrable under this Contract unless and until the employee waives in writing his/her rights under Civil Service. 7.5.

Any matter which is subject to the jurisdiction of the Civil Service Commission or Retirement Board established by law shall not be subject to the grievance and arbitration provisions of this Agreement. Complaints by Civil Service employees that they are being required to work outside their job descriptions shall be referred to the Commissions Office of Labor Relations prior to making complaint to the Director of Civil Service. Section 4.