Suspension

 g) Suspension Without Pay

(1) Prior to exhaustion or institution by an employee of the grievance procedure applicable to discipline, an employee may be suspended without pay or temporarily reassigned only if the appointing authority determines that there is probable cause to believe that the employee’s continued presence on the job represents a potential danger to persons or property or would severely interfere with operations. Such determination shall be reviewable by the arbitrator in accordance with this section to determine whether the appointing authority had probable cause.

(2) Where the employee has been suspended without pay or temporarily reassigned, he or she may, in writing, waive the agency or department level meeting at the time of filing the grievance on the grievance form. In the event of such waiver, the employee shall file the grievance form within the prescribed time limits for filing a department or agency level grievance directly with the Panel Administrator. 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 of the filing of the demand for arbitration. The time limits may not be extended. The Arbitration Administrator of CSEA and the CSEA Local President shall be notified in writing by registered or certified mail, return receipt requested, within four (4) calendar days of any such suspension.

(3) In the event of a failure to serve a notice of discipline within the time established in Section 33.3(a)(7) - Notice of Discipline - the employee shall be deemed to have been suspended without pay as of the date of service of the notice of discipline or, in the event of a temporary reassignment, may return to his or her actual assignment until such notice is served. In the event of failure to notify the Arbitration Administrator of CSEA of the suspension within four (4) calendar days, the employee shall be deemed to have been suspended without pay as of the date the notice is sent to the Arbitration Administrator of CSEA.

(4) In the case of any suspension without pay, the employee may be allowed to draw from accrued annual or personal leave credits, holiday leave or compensatory leave which shall be reinstated in the event that, in accordance with this Article, the suspension is deemed improper or the employee is found innocent of all allegations contained in the notice of discipline. The use of such credits shall be at the option of the employee. Such use of leave credits during suspension will not be available if the employee is offered a reassignment and declines.

(5) When an employee is suspended without pay or temporarily reassigned pursuant to Sections 33.3(g) - Suspension Without Pay - and (h) - Temporary Reassignment - the disciplinary arbitrator shall, upon the request of the employee at the close of the State’s case, issue an interim decision and award with respect to the issue of whether there was probable cause for the suspension without pay or the temporary reassignment. Should the arbitrator find in the interim decision that probable cause did exist, the arbitrator is not precluded from reconsidering the issue of probable cause after the hearing is closed.

(6) In those cases which involve a suspension without pay pursuant to this section, when the disciplinary arbitrator finds the employee innocent of all allegations contained in the notice of discipline and also finds probable cause for such suspension, he or she shall reinstate the employee with back pay for all of the period of the suspension without pay.

(7) In the event an employee is found innocent of all allegations contained in the Notice of Discipline as a result of a disciplinary proceeding, he or she must be reinstated to the exact shift, work location and pass days that the employee possessed prior to the institution of the disciplinary charges against said employee and prior to any temporary reassignment imposed pursuant to this Article. In all instances where a disciplinary arbitrator reinstates an employee who is found innocent of all allegations contained in the notice of discipline, and the appointing authority later seeks to change the shift, work location or pass days of said employee, the appointing authority must notify the employee in writing of the reason therefore without prejudice. Such action by the appointing authority shall be grievable under the Article 34 contract grievance pro- cedure, and all such grievances shall be commenced at Step 3 of said contractual grievance procedure.

(8) The appointing authority or his or her designee, at his or her discretion, may suspend without pay or temporarily reassign an employee charged with the commission of a crime. Within thirty (30) calendar days following a suspension under this paragraph, a notice of discipline shall be served on such employee or such employee shall be reinstated with back pay. Where the employee, who is charged with the commission of a crime is temporarily reassigned, the notice of discipline shall be served on such employee within seven (7) days after the disposition of the criminal charges as provided in the Criminal Procedure Law of the State of New York or the employee shall be returned to his or her regular assignment. Nothing in this paragraph shall limit the right of the appointing authority or his or her designee from taking disciplinary action while criminal proceedings are pending. Nothing in this paragraph shall preclude the application of the provisions in Article 33.3(h).

(9) During a period of suspension without pay pursuant to the provisions of Article 33.3(g)(1) or 33.3(g)(8), the State shall continue to pay its share of the cost of the employee’s health coverage under Article 9 which was in effect on the day prior to the suspension provided that the suspended employee pays his or her share. Also, any employee suspended pursuant to the provisions of Article 33.3(g)(1) or 33.3(g)(8) shall be counted for the purpose of calculating the amount of any periodic deposit to the Employee Benefit Fund.

(h) Temporary Reassignment

(1) Where the appointing authority informs an employee that he or she is being