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(6) The employee’s entire record of employment may be considered

with respect to the appropriateness of the penalty to be imposed, if any.

(7) This disciplinary procedure is not the proper forum for the review
of counseling memoranda or unsatisfactory performance evaluations.
(h) Back Pay Award

Where an employee is awarded back pay, the amount to be reimbursed

shall not be offset by any wages earned by the employee during the period
of his or her suspension. Where an employee is awarded back pay, said

award shall be deemed to include retroactive reimbursement of all other
benefits, including the accrual of leave credits and holiday leave.

§33.5 Time and Attendance Disciplinary Grievances
(a) All notices of discipline based solely on time and attendance,

including tardiness, which have not been settled or otherwise resolved,
shall be reviewed by a permanent umpire in accordance with the attached

schedule except as otherwise provided in paragraph (g) below.
(b) The determinations of the permanent umpire shall be confined to

the guilt or innocence of the grievant and the appropriateness of the
proposed penalty. The employee’s entire record of employment may be

considered by the permanent umpire with respect to the appropriateness of
the penalty to be imposed. The permanent umpire shall have the authority

to resolve a claimed failure to follow the procedural provisions of this
Article.

(c) The decision and award of the permanent umpire, with respect to
guilt or innocence and penalty, if any, shall be final and binding on the

parties and not subject to appeal to any other forum except that, in the case

of a decision and award of the permanent umpire which results in a penalty
of dismissal from service, the decision and award may be reviewed in
accordance with Article 75 of the CPLR. The permanent umpire shall,

upon a finding of guilt, have full authority to uphold the penalty proposed

in the notice of discipline or to impose a lesser penalty within the minimum
and maximum penalties as contained in the attached schedule and
appropriate to that notice of discipline. In appropriate cases and in addition

to the penalty imposed, the permanent umpire may direct the grievant to

attend counseling sessions or other appropriate programs jointly agreed
upon by the State and CSEA.

(d) Within one (1) month of the execution of this Agreement, the State

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