Page 104 - 2016-2021-ASU

§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
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

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