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pursuant to this Article, and has not notified the arbitrator in advance or

produced a satisfactory reason for his or her failure to appear.

(f) Settlement
(1) A disciplinary matter may be settled at any time following service

of the notice of discipline. The terms of the settlement shall be agreed to
in writing. An employee before executing such a settlement shall be

notified of his or her right to have a CSEA representative or private counsel
provided at his or her own expense present or to decline such representation

and, if such representation is requested, to have a reasonable period of time
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

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