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F. Findings of Fact and Remedies - An arbitrator may <br />sustain, modify, or rescind an appealed disciplinary <br />action as follows and subject to the following <br />restrictions: <br />a. All Disciplinary Actions <br />If the arbitrator finds that the disciplinary <br />action was taken for reasonable cause, he or she <br />shall sustain the action. <br />b. Suspension/Reductions in Class or Salary <br />If the action is modified or rescinded, the <br />appellant shall be entitled to restoration of pay <br />and/or fringe benefits in a manner consistent with <br />the arbitrator's decision. However, the action may <br />not be modified so as to increase the penalty <br />imposed by the Department. <br />c. Discharge <br />1. If the arbitrator finds that the order of <br />discharge should be modified to another form <br />of discipline, the appellant shall be restored <br />to a position in his or her former class <br />subject to forfeiture of pay and fringe <br />benefits for all or a portion of the period of <br />time the appellant was removed from duty, as <br />determined by the arbitrator. <br />2. If the arbitrator finds that the order of <br />discharge should be rescinded and no <br />discipline imposed, the appellant shall be <br />reinstated in a position in his or her former <br />class and shall receive pay and fringe <br />benefits for all of the period of time he or <br />she was removed from duty. <br />d. Restriction on Remedies <br />1. The City shall not be liable for restoring pay <br />and fringe benefits for any period(s) of time <br />the appellant was reduced or removed from <br />duty, which results from the appealing party's <br />request for written briefs and/or a transcript <br />of the arbitration proceedings. <br />2. Restoration of pay and benefits shall be <br />subject to deduction of all unemployment <br />insurance payments received. outside earnings <br />received since the date of discharge but which <br />MOU3:PDRFEXA 92-93 A-5 <br />