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(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

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.

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