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for that purpose. If the employee requests representation and the CSEA or

employee fails to provide a representative within a reasonable time, the

settlement may be executed. An arbitrator pursuant to Article 34 shall have
the power to find that a delay in providing a representative may have been

unreasonable. A settlement entered into by the employee, his or her private
counsel or CSEA shall be final and binding on all parties. The Arbitration

Administrator of CSEA and the CSEA Local President shall be advised of
the settlement in writing by first-class mail or email.

(2) Offers of compromise or any attempt at settlement prior to the
arbitration, shall not be introduced at the arbitration hearing or accepted as

evidence by the arbitrator.
(g) Arbitrator’s Authority

(1) Disciplinary arbitrators shall render determinations of guilt or
innocence and the appropriateness of proposed penalties and shall have the

authority to resolve a claimed failure to follow the procedural provisions
of this Article including, but not limited to, the timeliness of the filing of

the disciplinary grievance, and whether the notice of discipline was
properly served in accordance with this Article.

(2) Disciplinary arbitrators shall neither add to, subtract from or
modify the provisions of this Agreement.

(3) The disciplinary arbitrator’s decision with respect to guilt or
innocence, penalty, probable cause for suspension or temporary

reassignment, if any, and a claimed failure to follow the procedural
provisions of this Article shall be final and binding upon the parties.

(4) The disciplinary arbitrator may approve, disapprove or take any

other appropriate action warranted under the circumstances, including, but
not limited to, ordering reinstatement and back pay for all or part of any
period of suspension without pay. If the arbitrator upon review finds

probable cause for suspension without pay, he or she may consider such

suspension in determining the penalty to be imposed.
(5) The disciplinary arbitrator is not restricted by the contractual limits

on penalties which may be proposed by the State. He or she has full
authority, if the remedy proposed by the State is found to be inappropriate,

to devise an appropriate remedy, but shall not increase the penalty sought
by the State except that the arbitrator may direct referral to a rehabilitative

program in addition to the penalty.

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