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days.

(8) In those cases where the appointing authority is seeking the

employee’s termination and the matter is not settled at the Expedited
Resolution meeting, the employee may request a one (1) day expedited

arbitration hearing to be held before the same arbitrator or, in the
alternative, the employee may request arbitration pursuant to Section 33.4

- Disciplinary Arbitration and the arbitrator shall so inform the Panel
Administrator, who shall schedule the case for arbitration pursuant to

Section 33.4. If the employee is also suspended or temporarily reassigned
pursuant to Article 33.3(j), the Panel Administrator shall give the case

priority in assignment and shall forthwith set the matter down for hearing
to be held within thirty (30) days.

(9) Should the arbitrator believe that a disciplinary matter cannot be
presented at an expedited arbitration within one (1) day, the arbitrator shall

have the authority to refer the case back to the Panel Administrator for
arbitration pursuant to Section 33.4.

(g) Withdrawal/Amendment
The agency or department head or his or her designee has full authority,

at any time before or after the notice of discipline is served by an appointing
authority or his or her designee, to review such notice and the proposed

penalty and to take such action as he or she deems appropriate under the
circumstances in accordance with this Article including, but not limited to,

determining whether a notice should be issued, amendment of the notice
no later than 15 days prior to first Expedited Resolution Meeting or 15 days

prior to the disciplinary arbitration hearing provided for in Section 33.4 –

Disciplinary Arbitration – of this Article withdrawal of the notice or a
reduction in the proposed penalty. Amendment of the notice after 15 days
prior to the first Expedited Resolution meeting or after 15 days prior to the

disciplinary arbitration hearing provided for in Section 33.4, or withdrawal

of the notice, are subject to the following:

• where amended, the employee is entitled to an adjournment where
requested by the employee, or his or her representative;

• in the instance where an employee is suspended without pay or
temporarily reassigned pursuant to Section 33.3(j)(1) - Suspension

Without Pay - the withdrawal of a notice of discipline shall cause

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