Findings of Facts and Remedies a. In the event the arbitrator finds no violation of Article XVIII, NONDISCRIMINATION, the grievance shall be denied and the issue of remedy becomes moot.
b. In the event the arbitrator finds a violation of Article XVIII, NONDISCRIMINATION, but also finds such violation was not a substantial cause of the employee's probationary release, the grievance shall be denied and the issue of remedy becomes moot.
c. In the event the arbitrator finds a violation of Article XVIII, NONDISCRIMINATION, and also finds that the violation was a substantial cause of the probationary release of the employee, the arbitrator's award shall depend upon the significance of the violation and shall be in keeping with the following alternatives:
1. The probationary release may be sustained.
2. The employee may be reinstated in a position in his or her former class subject to forfeiture of pay and fringe benefits for all or a portion of the period of time the employee was removed from duty. The employee may be required to serve the remainder of any outstanding probation period.
Findings of Facts and Remedies a. In the event the arbitrator finds no unlawful discrimination, the grievance shall be denied and the issue of remedy becomes moot.
b. In the event the arbitrator finds unlawful discrimination, but also finds such violation was not a substantial cause of the employee's probationary release, the grievance shall be denied and the issue of remedy becomes moot.
c. In the event the arbitrator finds unlawful discrimination, and also finds that the discrimination was a substantial cause of the probationary release of the employee, the arbitrator's award shall depend upon the significance of the violation and shall be in keeping with the following alternatives:
1) The probationary release may be sustained.
2) The employee may be reinstated in a position in his or her former class subject to forfeiture of pay and fringe benefits for all or a portion of the period of time the employee was removed from duty. The employee may be required to serve the remainder of any outstanding probation period.
3) The employee may be reinstated in a position in his or her former class with full back pay and benefits for all of the period of time the employee was removed from duty. The employee may be required to serve the remainder of any outstanding probation period.
d. The decision of the arbitrator in matters of probationary releases alleging discrimination shall be binding on all parties.
Findings of Facts and Remedies. An arbitrator may sustain, rescind, or modify an appealed disciplinary action as follows and subject to the following restrictions:
a. If the arbitrator finds that the suspension/reduction was taken for reasonable cause, he or she shall sustain the action.
b. If the action is modified or rescinded, the appellant shall be entitled to restoration of pay and/or fringe benefits in a manner consistent with the arbitrator's decision.
c. The decision of the arbitrator in matters of suspension/reduction shall be binding on all parties.
Findings of Facts and Remedies. An arbitrator may sustain, modify or rescind an appealed disciplinary action as follows and subject to the following restrictions:
Findings of Facts and Remedies. An Impartial Hearing Officer may recommend sustaining, reducing or rescinding an appealed disciplinary action as follows and subject to the following restrictions:
a. All Disciplinary Action If the Impartial Hearing Officer finds that the disciplinary action was taken for reasonable cause, he/she shall recommend sustaining the action.
b. Suspensions/Reductions If the action is recommended to be modified or rescinded, the Impartial Hearing Officer shall recommend which pay and/or fringe benefits should be restored to the appellant.
Findings of Facts and Remedies a. In the event an Impartial Hearing Officer finds no violation of Article XV, NONDISCRIMINATION, he/she shall recommend the grievance be denied and the issue of remedy becomes moot.
b. In the event an Impartial Hearing Officer finds a violation of Article XV, NONDISCRIMINATION, but also finds such violation was not a substantial cause of the employee's probationary release, he/she shall recommend the grievance be denied and the issue of remedy becomes moot.
c. In the event an Impartial Hearing Officer finds a violation of Article XV, NONDISCRIMINATION, and also finds that the violation was a substantial cause of the probationary release of the employee, an Impartial Hearing Officer’s recommendation shall depend upon the significance of the violation and shall be in keeping with the following alternatives:
1. The probationary release may be sustained.
2. The employee may be reinstated in a position in his or her former class subject to forfeiture of pay and fringe benefits for all or a portion of the period of time the employee was removed from duty. The employee may be required to serve the remainder of any outstanding probation period.
Findings of Facts and Remedies a. In the event the arbitrator finds no violation of Article XV, NONDISCRIMINATION, the grievance shall be denied and the issue of remedy becomes moot.
b. In the event the arbitrator finds a violation of Article XV,NONDISCRIMINATION, but also finds such violation was not a substantial cause of the employee's probationary release, the grievance shall be denied and the issue of remedy becomes moot.
c. In the event the arbitrator finds a violation of Article XV,NONDISCRIMINATION, and also finds that the violation was a substantial cause of the probationary release of the employee, the arbitrator's award shall depend upon the significance of the violation and shall be in keeping with the following alternatives:
1. Sustain the probationary release.
2. Reinstate the employee in a position in his or her former class subject to forfeiture of pay and fringe benefits for all or a portion of the period of time the employee was removed from duty. The employee may be required to serve the remainder of any outstanding probation period.
Findings of Facts and Remedies a. In the event the arbitrator finds no violation of Article XVIII, NONDISCRIMINATION, the grievance shall be denied and the issue of remedy becomes moot.
b. In the event the arbitrator finds a violation of Article XVIII, NONDISCRIMINATION, but also finds such violation was not a substantial cause of the employee's probationary release, the grievance shall be denied and the issue of remedy becomes moot.
c. In the event the arbitrator finds a violation of Article XVIII, NONDISCRIMINATION, and also finds that the violation was a substantial cause of the probationary release of the employee, the arbitrator's award shall depend upon the significance of the violation and shall be in keeping with the following alternatives:
1) The probationary release may be sustained.
2) The employee may be reinstated in a position in his or her former class subject to forfeiture of pay and fringe benefits for all or a portion of the period of time the employee was removed from duty. The employee may be required to serve the remainder of any outstanding probation period.
3) The employee may be reinstated in a position in his or her former class with full back pay and benefits for all of the period of time the employee was removed from duty. The employee may be required to serve the remainder of any outstanding probation period.
Findings of Facts and Remedies. In the event the arbitrator finds no unlawful discrimination, the grievance shall be denied and the issue of remedy becomes moot.
Findings of Facts and Remedies a. In the event the arbitrator finds no violation of Article XVIII, NONDISCRIMINATION, the grievance shall be denied and the issue of remedy becomes moot.
b. In the event the arbitrator finds a violation of Article XVIII, NONDISCRIMINATION, but also finds such violation was not a substantial cause of the employee's probationary release, the grievance shall be denied and the issue of remedy becomes moot.
c. In the event the arbitrator finds a violation of Article XVIII,
1. The probationary release may be sustained.
2. The employee may be reinstated in a position in his or her former class subject to forfeiture of pay and fringe benefits for all or a portion of the period of time the employee was removed from duty. The employee may be required to serve the remainder of any outstanding probation period.
