2008-043 Resolution - Laserfiche WebLink

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to ma1:e any award based on righis arising under any previous agreement, grievance, or practices. The arbitrator shall not establish any new or different wage rates not negotiated as part of this agreement. In the event of a monetary award, the arbitrator shall limit any retroactive settlement to tlle date the grievance was presented to the Employer in Step 1 of the grievance procedure. The question of arbitrability of a grievance may be raised by either party belore the arbitration hearing of the grievance on the grounds that the matter is non-arbitrable or beyond the arbitrator's jlirisdiction. The first question to be placed before the arbitratar will be whethel- or- not the grievance is arbitrable. If the arbitrator deterinines the grievance is within the purview of arbitrability, the grievance will be heard on its merits before the same arbitrator. The decision of the arbitratar shad be final and binding on the grievant, the FOP and the Employer. The arbitrator shall be requested to issue his decision within thirty (30) calendar days after the conclusion of testimony and argument or submission of final briefs. The cost and fees of the arbitrator shall be borne equally by the parties. The eapense of any non-employee witness shall be borne, if any, by the party calling them. The fees of the colirt reporter shall be paid by the party asl<ing for one. such fees shall be splii equally if both parties desire a reporter, or request a copy of airy transcripts. Any bargaiiung unit member whose attendance is required for such hearings shall not lose pay or benefits to the extent such hearing hours are during nonnally scheduled working hours at the day of the hearing. ARTICLE 17 DISCIPLINE 17.01 The tenure of every employee subject to the terms of this agreement shall be during good behavior and efficient service. The Employer inay take disciplinary action against any employee in the bargaining unit only for just cause. The Employer may talce a disciplinary action for actions which occur while an employee is on duty, or which occur while an em_ployee is working under the colors of the Employer, or in instances where the einployee's conduct violates his oath of office, or applicable rules and regulations. Forins of disciplinary action are: Written warning 2. Written reprimand Suspensioil withoui pay (at the option of the employee, and with the concurrence of the Employer, accrued vacation or holiday tiine inay be forfeited equal to the length of the suspension. Record of suspension will be maintained.) 4. Reduction in pay or ranl: Discharge. 17.02 Whenever the Employer determines that an employee may be disciplined for just caLlse that could result in suspension, reduction, or termination, a disciplinary hearing will be scheduled with the Cluef of Police, within thirty (30) calendar days fr-om the presentation to the Chief of 12