procedure under this Agreement: a) disputes over alleged unlawful discrimination; b) the dismissal or discipline of a probationary employee; c) any incident which occurred or failed to occur prior to the effective date of this Agreement; d) notwithstanding any other provisions of this Agreement to the contrary, issues subject to Retirement Board, Civil Service Commission, with the exception of discipline pursuant to M.G.L. c. 31 sec. 41, Massachusetts Commission

The pmiies agree that an employee alleging a violation of this Section, (or any other form of discrimination or retaliation prohibited by law,) who files a charge with the Massachusetts Commission Against Discrimination (MCAD) and/or the Equal Employment Opportunity Commission (EEOC), or who files a claim of unlawful discrimination or retaliation in comi, shall have elected an agency/judicial resolution of his/her claim, and the Union shall not thereafter

ARTICLE 23 EQUAL OPPORTUNITY & NON-DISCRIMINATION 23.1 The provisions of this Agreement shall apply to all Employees regardless of race, sex, color, age, national origin residency or membership, or non-membership in the Association. 23.2 Any Employee who files any complaint before the Equal Employment Opportunity Commission of the United States Government, the Massachusetts Commission Against Discrimination, or the Pittsfield Human Rights Commission

ARTICLE 23 EQUAL OPPORTUNITY & NON-DISCRIMINATION 231 The provisions of this Agreement shall apply to all Employees regardless of race, sex, color, age, national origin residency or membership, or non-membership in the Association. 23.2 Any Employee who files any complaint before the Equal Employment Opportunity Commission of the United States Government, the Massachusetts Commission Against Discrimination, or the Pittsfield Human Rights Commission

Any concurrent effort to appeal an action of the Employer to the Massachusetts Commission Against Discrimination, Veteran s Preference, Fair Employment, or judicial system will terminate an employees appeal rights through the grievance procedure. Step 3: If the grievance has not been settled, it shall be presented in writing to the Mayor within five (5) work days after the response of the Department Head or appointing authority is due.

JURISDICTION Any matter which is subject to the jurisdiction of the Civil Service Commission, Department of Industrial Accidents, Labor Relations Commission, Massachusetts Commission Against Discrimination, Equal Employment Opportunity Commission, any other state or federal administrative agency, or any Retirement Board established by law, shall not be a subject of grievance or arbitration hereunder. Section 8. COMPLIANCE A.

JURISDICTION Any matter which is subject to the jurisdiction of the Civil Service Commission, Department of Industrial Accidents, Labor Relations Commission, Massachusetts Commission Against Discrimination, Equal Employment Opportunity Commission, any other state or federal administrative agency, or any Retirement Board established by law, shall not be a subject of grievance or arbitration hereunder. Section 8. COMPLIANCE A.

Notwithstanding any provision of this Agreement to the Arbitration Exceptions. 5.04 contrary, any matter which is subject to the jurisdiction of the Civil Service Commission, any Retirement Board established by law, the Massachusetts Commission Against Discrimination, the Massachusetts Labor Relations Commission, or where the employee otherwise has statutory appeal rights, or any dispute relative to wages which is subject to the jurisdiction of the

Massachusetts Commission Against Discrimination, 431 Mass. 655, 667 (2000) (quoting Johansen v. NCR Comten, Inc., 30 Mass. App. Ct. 294, 300 (1991)). Unlawful motivation also may be established through circumstantial, or indirect, evidence and reasonable inferences drawn 20 from that evidence. Town of Carver, 35 MLC 29, 48, MUP-03-3894 (June 30, 2008) (citing Town of Brookfield, 28 MLC at 327- 6 328).

Massachusetts Commission Against Discrimination, 431 Mass. 15 655, 667 (2000) (quoting Johansen v. NCR Comten, Inc., 30 Mass. App. Ct. 294, 300 16 (1991)). 17 Unlawful motivation also may be established through circumstantial, or indirect, 18 evidence and reasonable inferences drawn from that evidence. Town of Carver, 35 MLC 19 at 48 (citing Town of Brookfield, 28 MLC at 327-328).

He is certified by the Massachusetts Commission Against Discrimination as a trainer to investigate harassment complaints and was re-certified in 2007. (T. I, 49). Between 2009 and 2012, Spivey conducted more than ten investigations involving workplace harassment. (T. I, 49). In October 2011, the Town Managers office requested that Spivey investigate Stubbins harassment complaints against Bourque.

He is certified by the Massachusetts Commission Against Discrimination as a trainer to investigate harassment complaints and was re-certified in 20075 (T. I, 49). Between 2009 and 2012, Spivey conducted more than ten investigations involving workplace harassment. (T. I, 49). In October 2011, the Town Managers office requested that Spivey investigate Stubbins harassment complaints against Bourque.