Common use of Findings of Facts and Remedies Clause in Contracts

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. a. In the event the arbitrator finds no unlawful discrimination, the grievance appeal shall be denied and the issue of remedy becomes moot. b. In the event the arbitrator finds unlawful discrimination, discrimination but also finds such violation discrimination was not a substantial cause of the employee's ’s probationary release, the grievance appeal shall be denied denied, and the issue of remedy becomes moot. c. In the event the arbitrator finds unlawful discrimination, discrimination and also finds that the such discrimination 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 his/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 his/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. a. In the event the arbitrator finds no unlawful discrimination, the grievance appeal shall be denied denied, and the issue of remedy becomes moot. b. In the event the arbitrator finds unlawful discrimination, discrimination but also finds such violation discrimination was not a substantial cause of the employee's ’s probationary release, the grievance appeal shall be denied denied, and the issue of remedy becomes moot. c. In the event the arbitrator finds unlawful discrimination, discrimination and also finds that the such discrimination 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 their 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 their 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. a. In the event the arbitrator finds no unlawful discrimination, the grievance appeal shall be denied denied, and the issue of remedy becomes moot. b. In the event the arbitrator finds unlawful discrimination, discrimination but also finds such violation discrimination was not a substantial cause of the employee's ’s probationary release, the grievance appeal shall be denied denied, and the issue of remedy becomes moot. c. In the event the arbitrator finds unlawful discrimination, discrimination and also finds that the such discrimination 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 his/hertheir 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 his/hertheir 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. a. In the event the arbitrator finds no unlawful discrimination, the grievance appeal shall be denied denied, and the issue of remedy becomes moot. b. In the event the arbitrator finds unlawful discrimination, discrimination but also finds such violation discrimination was not a substantial cause of the employee's ’s probationary release, the grievance appeal shall be denied denied, and the issue of remedy becomes moot. c. In the event the arbitrator finds unlawful discrimination, discrimination and also finds that the such discrimination 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 their 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 their 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 . • However, the arbitrator shall be without power to pass the employee off probation. That decision is ultimately the decision of the arbitrator in matters of probationary releases alleging discrimination shall be binding on all partiesAuthority.

Findings of Facts and Remedies. a. In the event the arbitrator finds no unlawful discrimination, the grievance appeal shall be denied denied, and the issue of remedy becomes moot. b. In the event the arbitrator finds unlawful discrimination, discrimination but also finds such violation discrimination was not a substantial cause of the employee's ’s 64 probationary release, the grievance appeal shall be denied denied, and the issue of remedy becomes moot. c. In the event the arbitrator finds unlawful discrimination, discrimination and also finds that the such discrimination 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 his/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 his/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 .  However, the arbitrator shall be without power to pass the employee off probation. That decision is ultimately the decision of the arbitrator in matters of probationary releases alleging discrimination shall be binding on all partiesAuthority.