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I . Contrary to or inconsistent with or modifying or varying in ally «av the terms of <br />this agreement or applicable lawns. <br />'. Contrary to, inconsistent with, changing, altering, limiting, or modifN ing any <br />practice, policy. rules or regulations. established by the Lmployer so lone as such practice, <br />Policy. or regulations do not conflict «ith this agreement. <br />The arbitrator shall be without authority to recommend my right or relicfon an alle,ed <br />��rievance occurring at any time other than the contract period in which such r1(—,ht orizinatcd or <br />to make any award based on rights arising under any previous agreement, grievance, ' practices. <br />The arbitrator shall not establish any nesy� or different vyage rates not negotiated as part of this <br />agreement. In the event of a monetary award. the arbitrator shall limit any retroactive settlement <br />to the date the grievance was presented to the L rnplover in Step I of the grievance procedure. <br />I -he question ofarbitrability of a grievance may be raised by either party before the <br />arbitration hearing of the grievance on the,rounds that the matter is non -arbitrable or hevond the <br />arbitrator's jurisdiction. The first question to he placed before the arbitrator v-viII he \-vhether or <br />not the grievance is arbitrable. If the arbitrator determines the grievance is within the purview of <br />arbitrability, the grievance will be heard on its merits before the same arbitrator. <br />The decision of the arbitrator shall be final and binding on the grievant, the FOP and the <br />Employer. The arbitrator shall be requested to issue his decision within thirty (30) calendar days <br />after the conclusion of testimony and argument or submission of final briefs. <br />The cost and fees of the arbitrator shall be borne equally by the parties. The expense of <br />any, non-employee witness shall be borne, ifany, h}the party calling them. The fees ofthe court <br />reporter shal I be paid by the party asking for one: such tees shall be split equally if both parties <br />desire a reporter, or request a copy of any transcripts. Any bargaining unit member whose <br />attendance is required for such hearings shall not lose pay or benefits to the extent such hearing <br />hours are during normally scheduled working hours at the day of the hearing. <br />ARTICLE XVII I)ISCI1)L.INL' <br />17.01 -['lie tenure of every non probationary employee subject to the terms of this apreement <br />shall be during Oood behavior and efficient service. The Employer may take disciplinary action <br />against any employee in the bargaining unit only for just cause. The Fmployer may take <br />disciplinary action for actions which occur while an employee is on duty. or which occur xvhile <br />an employee is working under the colors of the Emplover. or in instances where the employee's <br />conduct violates his oath of office. or applicable rules and regulations. Forms of disciplinary <br />action are: <br />Written/Verbal warning <br />Written reprimand <br />1( <br />