Selection for Promotion The City states that notwithstanding any prior practice, it reserves its rights to select a lower rated candidate, within the socalled 2N+1 rule, subject only to the right of a higher rated candidate exercising his/her right under M.G.L. c. 31, 27 to file a so-called bypass appeal, and the Civil Service Commission shall have exclusive jurisdiction of any dispute about any such selection.

Selection for Promotion The City states that notwithstanding any prior practice, it reserves its rights to select a lower rated candidate, within the socalled 2N+1 rule, subject only to the right of a higher rated candidate exercising his/her right under M.G.L. c. 31, 27 to file a so-called bypass appeal, and the Civil Service Commission shall have exclusive jurisdiction of any dispute about any such selection.

In 2013, the Massachusetts Civil Service Commission ruled that the positive results from hair testing administered by the City was insufficient in and of itself to establish that officers voluntarily or knowingly ingested cocaine. See, generally, Thompson v. Civil Service Commn, 90 Mass.App.Ct. 462 (2016). Nonetheless, the City continued to reject all requests to cease using hair as specimen tested.

(See Exhibit 9) Officer Levesque has been required to retain personal counsel to press a claim for wrongful termination before the Civil Service Commission. Officer Levesque is seeking to be made whole in the form of lost earnings, attorney fees and costs.

of the state government, authorized by law to make regulations or to conduct adjudicatory proceedings, but does not include the following: the legislative and judicial departments; the governor and council; military or naval boards, commissions or officials; the department of correction; the department of youth services; the parole board; the division of dispute resolution of the division of industrial accidents; the personnel administrator; the civil

the state government, authorized by law to make regulations or to conduct adjudicatory proceedings, but does not include the following: . the legislative and judicial departments; the governor and council; military or naval boards, commissions or officials; the department of correction; the department of youth services; the parole board; the division of dispute resolution of the division of industrial accidents; the personnel administrator; the civil

ARTICLE 23A - GRIEVANCE PROCEDURE Section 23.4 of grievance to arbitration alleging a violation As a condition precedent to submitting a ES and the -GRIEVANCE PROCEDURE, MOS Section 23.1, pursuant to ARTICLE 23A , Employer, on a form prepared by the Employer employee involved shall sign and give to the plinary action to any other forum including the a waiver of any and all rights to appeal the disci ry include a declaration that no other disciplina Civil

of the state government, authorized by law to make regulations or to conduct adjudicatory proceedings, but does not include the following: the legislative and judicial departments; the governor and council; military or naval boards, commissions or officials; the department of correction; the department of youth services; the parole board; the division of dispute resolution of the division of industrial accidents; the personnel administrator; the civil

Dropping that appeal will allow next years promotional exam to be open to all and no require 4 members to sign up for each. 6) Charges against the City for Ps bypass will be dropped." 7) Union will continue to discuss new ideas for promotional process. "' The City at the in-person investigation characterized the proposal as a take it or leave it package proposal, which the Union denied. '2 The Civil Service Commission previously had scheduled a promotional

of the state government, authorized by law to make regulations or to conduct adjudicatory proceedings, but does not include the following: the legislative and judicial departments; the governor and council; military or naval boards, commissions or officials; the department of correction; the department of youth services; the parole board; the division of dispute resolution of the division of industrial accidents; the personnel administrator; the civil

I hereby waive any :ommonwealth of Massachusetts dated '\on to any other forum including the Civil Service Commission. I have not initiated any

Any dispute relative to such matters may be appealed either through the contractual grievance and arbitration procedures, or to the Civil Service Commission; provided, the affected submits employee a written election of procedures within two weeks of the Notwithstanding any other provision of this AGREEMENT, imposition of the discipline. any matter which is subject to the jurisdiction of any Retirement Board established by law shall not be a subject