Page 108 - 2016-2021-ISU

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
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.

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