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preclude the employee from electing to proceed to arbitration pursuant to

this section.

(b) Disciplinary Arbitrators
(1) The State and CSEA jointly agree to the creation of a permanent

panel of arbitrators to serve during the term of this Agreement and to be
jointly selected and administered by the State of New York and CSEA by

an agreed Panel Administrator. The composition of the panel of arbitrators
may be changed by mutual agreement of the State and CSEA. In those

cases involving an allegation of patient, client, resident or similar abuse,
the Panel Administrator of the panel of disciplinary arbitrators must

appoint the disciplinary arbitrator from a select panel of arbitrators jointly
agreed to by the State and CSEA. Disciplinary arbitrators on the select

panel shall receive special training regarding patient abuse and the
disciplinary process. The special training shall be jointly sponsored by the

State and CSEA.
(2) All fees and expenses of the arbitrator, if any, shall be divided

equally between the appointing authority and CSEA, or the employee if not
represented by CSEA. Each party shall bear the cost of preparing and

presenting its own case. The estimated arbitrator’s fees and estimated
expenses may be collected in advance of the hearing. Where the arbitrator

requires that his or her estimated fees and expenses be collected in advance
of the hearing from an employee who elects not to be represented by CSEA,

and the employee fails to tender such advance as required, the grievance
shall be deemed withdrawn.

(c) Hearing

(1) The disciplinary arbitrator shall hold a hearing within twenty-one
(21) calendar days after selection. A decision shall be rendered within
seven (7) calendar days of the close of the hearing or within seven (7)

calendar days after receipt of the transcript, if either party elects a transcript

as provided in this Article, or within such other period of time as may have
been mutually agreed to by the department or agency and the grievant or
his or her representative.

(2) Arbitrations, pursuant to this Article, shall be held at an appropriate

location at the employee’s facility.
(3) Protection of Patient or Client Witnesses

(i) A patient or client witness will be protected, when giving testimony

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