ARTICLE 17 EXAMINATION TIME 17.01 Employees shall be granted time off from duty without loss of compensation equal to the scheduled Jength of such examination plus ninety (90) minutes for the purpose of taking any Civil Service Examination conducted by the Civil Service Commission for which Employees are eligible if such examination or any part thereof is scheduled to be held at a time when the Employees are scheduled for duty.

ARTICLE 17 EXAMINATION TIME . 17.01 Employees shall be granted time off from duty without loss of compensation equal to the scheduled length of such examination plus ninety (90) minutes for the purpose of taking any Civil Service Examination conducted by the Civil Service Commission for which Employees are eligible if such examination or any part thereof is scheduled to be held at a time when the Employees are scheduled for duty.

Ifthe employee is aggrieved by the decision of the appointing authority made pursuant to Section 41, the employee shall within ten (10) days after receipt of such decision, elect to appeal the decision to the Civil Service Commission or in the alternative, to pursue the matter through the grievance and arbitration procedure set forth in Steps 1 through 3 below.

Nothing in this Agreement shall diminish the authority and power of the Civil Service Commission, any Retirement Board, Town Manager, or Board of Selectmen established by law. ARTICLE 22 EFFECT OF AGREEMENT Section 1. This Agreement contains and constitutes the entire Agreement between the Town and the Police Union arrived at as a result of collective bargaining.

In disciplinary matters, an employee shall make his election after whatever step pursuant to Civil Service law the employee obtains the right to appeal the Citys decision to the Civil Service Commission. If an employee elects arbitration, any action previously taken by the City pursuant to Chapter 31 will be considered the equivalent of the Step 3 determination; and his election in writing will constitute the grievance hereunder. ARTICLE 9.

In disciplinary matters, an employee shall make his election after whatever step pursuant to Civil Service law the employee obtains the right to appeal the City's decision to the Civil Service Commission. If the employee elects arbitration, any action previously taken by the City pursuant to Chapter 31 will be considered the equivalent of a Stej> 3 determination; and his election in writing will constitute the grievance hereunder.

Accordingly, the provisions of Chapter 31 of the Massachusetts General Laws and all rules and regulations promulgated by the Civil Service Commission thereunder shall, as they apply to said employees, be adhered to.

The Civil Service Commission thereunder shall, as they apply to said employees, be adhere for resolving Commission and this states courts will be the exclusive forum under items covered by the Civil Service law including but not limited any challenges to examinations, discipline, promotions, hiring, transfers, etc...

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. Section 9. By mutual consent, the parties may elect to utilize the services of the State Board of Conciliation and Mediation. Section 10. Pre-Arbitration Hearing.

You ask whether your employer must designate FMLA-qualifying leave as FMLA leave when an employee would prefer to delay the start of FMLA leave, particularly in light of your concern that taking FMLA leave before taking accrued paid leave may negatively impact the employee's seniority status under the applicable CBA and state civil service rules, as detennined by your state's civil service commission.

You ask whether your employer must designate FMLA-qualifying leave as FMLA leave when an employee would prefer to delay the start of FMLA-qualifying leave in light of your concern that taking FMLA leave before taking accrued paid leave may negatively impact the employees seniority status under the applicable CBA and state civil service rules, as determined by your states civil service commission.