Common use of Pay and Benefits During Grievance and Arbitration Clause in Contracts

Pay and Benefits During Grievance and Arbitration. (a) Members, who have satisfied at least one of the following conditions: (i) the Member holds permanent appointment or an appointment with tenure; (ii) the Member holds a probationary appointment which has been renewed at least once; (iii) at the time of the alleged offense, the Member has been employed by the University for a period of at least nine (9) months during which no disciplinary action has been taken against the Member which has not been withdrawn by the Employer or otherwise eliminated by grievance settlement or arbitration decision; and who have been disciplined by suspension or dismissal and who grieve and/or arbitrate such action shall receive full pay and benefits (less any mitigating amounts received by the Member during the period she/he receives such pay and benefits from the Employer) while relieved of their duties or dismissed, until the earlier of the date of the settlement of such grievance or the date of the decision of the Arbitration Board referred to in clause 20.5.3, provided the Member, the Association where applicable, and the Employer fully comply with all time and other requirements of the grievance and arbitration procedures of this Agreement. (b) where a Member, suspended without pay and benefits, grieves and receives pay and benefits pursuant to paragraph (a) above, and subsequently withdraws or settles his/her grievance, any portion of such suspension during which the Member, pursuant to such withdrawal or settlement, is not entitled to such pay or benefits, shall repay such amounts at such time and by such payments as he/she and the Employer may agree.

Pay and Benefits During Grievance and Arbitration. (a) Members, who have satisfied at least one of the following conditions: (i) the Member holds permanent appointment or an appointment with tenure; (ii) the Member holds a probationary appointment which has been renewed at least once; (iii) at the time of the alleged offense, the Member has been employed by the University for a period of at least nine (9) months during which no disciplinary action has been taken against the Member which has not been withdrawn by the Employer or otherwise eliminated by grievance settlement or arbitration decision; and who have been disciplined by suspension or dismissal and who grieve and/or arbitrate such action shall receive full pay and benefits (less any mitigating amounts received by the Member during the period she/he receives such pay and benefits from the Employer) while relieved of their duties or dismissed, until the earlier of the date of the settlement of such grievance or the date of the decision of the Arbitration Board referred to in clause 20.5.320.6.3, provided the Member, the Association where applicable, and the Employer fully comply with all time and other requirements of the grievance and arbitration procedures of this Agreement. (b) where a Member, suspended without pay and benefits, grieves and receives pay and benefits pursuant to paragraph (a) above, and subsequently withdraws or settles his/her grievance, any portion of such suspension during which the Member, pursuant to such withdrawal or settlement, is not entitled to such pay or benefits, shall repay such amounts at such time and by such payments as he/she and the Employer may agree. If, however, the parties to arbitration [including a Member pursuant to clause 41.5.2, Step II (b)], all waive the provisions of clause 3.3, pay and benefits shall continue until the end of any extension to the time frame in that clause to which such parties agree.