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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.
(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

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