Common use of Findings of Facts and Remedies Clause in Contracts

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 violation of Article XVIIIXVII, NONDISCRIMINATION, the grievance shall be denied and the issue of remedy becomes moot. b. In the event the arbitrator finds a violation of Article XVIIIXVII, 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 XVIIIXVII, 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 violation of Article XVIIIXVII, NONDISCRIMINATION, the grievance shall be denied and the issue of remedy becomes moot. b. In the event the arbitrator finds a violation of Article XVIIIXVII, 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 XVIIIXVII, 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 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 XVIIIXVII, NONDISCRIMINATION, the grievance shall be denied and the issue of remedy becomes moot. b. In the event the arbitrator finds a violation of Article XVIIIXVII, 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 XVIIIXVII, 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. 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 violation of Article XVIIIXVI, NONDISCRIMINATION, the grievance shall be denied and the issue of remedy becomes moot. b. In the event the arbitrator finds a violation of Article XVIIIXVI, 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 XVIIIXVI, 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 violation of Article XVIIIXVII, NONDISCRIMINATION, the grievance shall be denied and the issue of remedy becomes moot. b. In the event the arbitrator finds a violation of Article XVIIIXVII, NONDISCRIMINATION, but also finds such violation was not a substantial cause of the employee's ’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 XVIIIXVII, NONDISCRIMINATION, and also finds that the violation was a substantial cause of the probationary release of the employee, the arbitrator's ’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 violation of Article XVIIIXVII, NONDISCRIMINATION, the grievance shall be denied and the issue of remedy becomes moot. b. In the event the arbitrator finds a violation of Article XVIIIXVII, 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 XVIIIXVII, 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.. PS – 68