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. Complaints by Civil Service employees that they are being required by the Appointing Authority to perform work outside their job descriptions shall be refered to the Office of Labor Relations prior'to making complaint to the Director of Civil Service.

According to the union, Officer Gutwill also appealed his suspension to the Civil Service Commission. At oral argument, Framingham represented that this appeal ultimately was withdrawn. Apparently by agreement of the parties, no arbitration proceedings on the matter have been held pending this court's decision.

My matter which is not specifically covered by the provisions of this Agreement or which is reserved to the discretion of the City by the terms of this Agreement, or which is, or upon proper appeal would be, 19 within the jurisdiction of the Civil Service Commission shall not be the subject of a grievance hereunder. . Section 4.

My matter which is not specifically covered by the provisions of this Agreement or which is reserved to the discretion of the City by the terms of this Agreement, or which is, or upon proper appeal would be, within the jurisdiction of the Civil Service Commission shall not be the subject of a grievance hereunder.

A performance evaluation may not: (1) itself be used as the basis of a disciplinary action; (2) be considered a reprimand/warning for the purposes of progressive discipline; or (3) offered into evidence at a disciplinary appeal hearing before an arbitrator or the civil service commission for the purpose of proving the truth of any matter asserted by the Town in the evaluation.

A performance evaluation may not: (1) itself be used as the basis of a disciplinary action; (2) be considered a reprimand/warning for the purposes of progressive discipline; or (8) offered into evidence at a disciplinary appeal hearing before an arbitrator or the civil service commission for the purpose of proving the truth of any matter asserted by the Town in the evaluation.

Any dispute arising between the employee and employer 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 Agreement shall not be arbitrable under this Agreement unless and until the employee waives in writing his/her rights to proceed under Civil Service. Section 3.

The filing with the Civil Service Commission of a disciplinary or discharge appeal shall constitute an election of Civil Service as the exclusive procedure for resolving the dispute and the disciplinary matter shall not be the subject of grievance and arbitration. ARTICLE VI GRIEVANCE PROCEDURE AND ARBITRATION Section 1.

complaint involving a question concerning the meaning, interpretation or application of, or compliance with the terms or provisions of this Agreement, or (b) any dispute between an employee and his supervisors arising out of an exercise of administrative discretion by such supervisor or supervisors, there being excluded, however, from the term "grievance" any grievance or complaint which is, or upon proper appeal would be, within the jurisdiction of the Civil

Section 2: The term 'grievance" shall be construed to mean (a) any grievance or complaint involving a question concerning the meaning, interpretation or application of, or compliance with the terms or provisions of this Agreement or (b) any dispute between an employee and her/his supervisors, there being excluded, however, from the term "grievance" any grievance or complaint which is, or upon proper appeal would be, within the jurisdiction of the Civil