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an employee seeking the employee’s termination and: a) the employee has

elected to proceed under this section; b) where the arbitrator in the

Expedited Resolution process has remanded the matter to this section
because the matter cannot be heard within one (1) day; or c) where the

employee has elected to be represented by private legal counsel. This
Section shall not apply to Section 33.5 - Time and Attendance Disciplinary

Grievances.
(2) In matters under this Section, the fact that the employee’s grievance

was initially discussed in the Expedited Resolution meeting shall not
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shall be deemed withdrawn.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

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