Page 106 - 2016-2021-OSU

and CSEA shall mutually select a panel of two or more permanent umpires

who shall serve for the term of this Agreement, and shall be jointly

administered by the State and CSEA. All fees and expenses of the
permanent umpires shall be divided equally between the State and CSEA.

(e) Unless the State and CSEA mutually agree otherwise, the
permanent umpires shall be available to hold reviews at least once each

month on a regularly scheduled basis. At such times, the permanent
umpires shall review and finally determine all time and attendance

disciplinary grievances which have been pending no less than ten (10) days
prior to the permanent umpire’s scheduled appearance, and are unresolved

in accordance with paragraph (a) above.
(f) An employee is entitled to appear at the review before a permanent

umpire and is entitled to have a CSEA representative or an attorney
provided at his or her own expense present. Matters scheduled to be heard

by the permanent umpire may not be adjourned except at the discretion of
the permanent umpire for good cause shown. Any matters which are

adjourned shall be rescheduled for the next regularly scheduled appearance
of the permanent umpire.

(g) Where an employee is to be served a notice of discipline related
solely to time and attendance and, within three years of such notice, has

been found guilty of or settled (or a combination of both) two prior notices
of discipline not solely related to time and attendance, the appointing

authority may elect either to pursue such time and attendance notice before
the permanent umpire in accordance with the attached Schedule or to

service a notice of discipline and proceed before a disciplinary arbitrator.

This paragraph shall not apply to notices of discipline based solely on
tardiness.
For the purposes of the Time and Attendance Schedule only, “prior

record” shall mean any notice of discipline based solely on time and

attendance where either guilt was found or a settlement occurred or a
combination of both occurred. However, for all notices of discipline based
solely upon time and attendance issued on or after July 1, 1992, the “prior

record” shall not include any notices of discipline based solely upon time

and attendance that are three or more years old if the employee has not been
served a notice of discipline based solely upon time and attendance within

the three years from the date of the resolution of the last notice of discipline

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