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the employee to be retroactively reinstated with back pay, if

suspended, or returned to his or her original assignment, if

temporarily reassigned, upon such withdrawal. The amendment of
the notice of discipline in such instances shall end such suspension

or temporary reassignment as of the date of such amendment.
However, the disciplinary arbitrator shall determine whether there

was a probable cause for suspension in accordance with Section
33.3(j)(1) - Suspension Without Pay - and, where in issue whether

the amendment is, in fact, a withdrawal of the initial notice of
discipline and entitled to be treated as such pursuant to this section;

• in all instances where an employee is suspended without pay or
temporarily reassigned pursuant to Sections 33.3(j) - Suspension

Without Pay or Temporary Reassignment - and the notice of
discipline is amended or withdrawn pursuant to this provision, such

an employee may not be again suspended or temporarily reassigned
solely upon those same facts alleged to constitute incompetency or

misconduct in the notice of discipline which has been withdrawn or

amended;
• where a notice of discipline is withdrawn pursuant to this section,

said notice must be reinstituted pursuant to Section 33.3(a) - Notice
of Discipline - no later than thirty (30) days from the time of the

withdrawal of the notice of discipline or such withdrawal will be
with prejudice to the reinstitution of the notice of discipline;

• in those instances where there is an amendment of the notice of
discipline after 15 days prior to the first Expedited Resolution

meeting, or 15 days prior to the disciplinary arbitration hearing
provided for in Section 33.4, or a withdrawal of the notice of

discipline and an arbitrator has been appointed pursuant to Section

33.4(b)(1) - Disciplinary Arbitrators, any hearing on the amended
or reinstituted charges shall be held before the arbitrator initially
appointed unless that arbitrator is not available within a reasonable

time and the parties jointly agree to the selection of a new arbitrator

pursuant to Section 33.4(b)(1) - Disciplinary Arbitrators.
(h) Suspension Without Pay or Temporary Reassignment

(1) Prior to exhaustion or institution by an employee of the grievance
procedure applicable to discipline, an employee may be suspended without

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