2009-118 Resolution - Laserfiche WebLink

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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 the 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 before the arbitration hearing of the grievance on the grounds that the matter is non-arbitrable or beyond the arbitrator's jurisdiction. The first question to be placed before the arbitrator will be whether or not the grievance is arbitrable. If the arbitrator determines the grievance is within the purvie~~J of arbitrability, the grievance will be heard on its merits before the same arbitrator. The decision of the arbitrator 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 expense of any non-employee witness shall be borne, if al~y, by the party calling them. The fees of the court reporter shall be paid by the party asking for one. such fees shall be split equally if both parties desire a reporter, or request a copy of any transcripts. Any bargaining unit member whose attendance is required for such hearings shall not lose pay or benefits to the extent such hearing hours are during normally scheduled working hours at the day of the hearing. ARTICLE 17 DISCIPLINE 17.Oi The tenure of every employee subject to the terms of this agreement shall be during good behavior and efficient service. The Employer may take disciplinary action against any employee in the bargaining unit only for just cause. The Employer may take a disciplinary action for actions which occur while an employee is on duty, Or W111C11 OCCUr While an employee is working under the colors of the Employer, or in instances where the employee's conduct violates his oath of office, or applicable rules and regulations. Forms of disciplinary action are: 1. Written warning 2. Written reprimand 3. Suspension without pay (at the option of the employee, and with the concurrence of the Employer, accrued vacation or holiday time may be forfeited equal to the length of the suspension. Record of suspension will be maintained.) 4. Reduction in pay or ral~l< 5. Discharge. 17.01 (A) Records of disciplinary action shall have no force and effect nor shall they be considered for any subsequent disciplinary charges in accordance with the following schedule providing there are no subsequent disciplinary actions during the time periods, e~:cept for attendance related matters which shall not toll the time limits for matters of discipline not related to attendance related matters: 12