Common use of Suspension Before Notice of Discipline Clause in Contracts

Suspension Before Notice of Discipline. a. Prior to issuing a notice of discipline or the completion of the disciplinary grievance procedure pro- vided for in this Article, an employee may be suspended, without pay, by the appointing authority only pursuant to paragraphs (1) or (2) of this Section. As an alternative to such suspension, the employee may be temporarily reassigned. 1. The appointing authority, or its designee, may suspend without pay or temporarily reassign an em- ployee when the appointing authority, or its designee, determines that there is probable cause that such employee’s continued presence on the job represents a potential danger to persons or property or would severely interfere with its operations. Such determination shall be reviewable by the disciplinary arbitra- tor. A notice of discipline shall be served no later than 10 days following any such suspension or tempo- rary reassignment. 2. The appointing authority, or its designee, may suspend without pay or temporarily reassign an em- ployee charged with the commission of a crime. Such employee shall notify the appointing authority in writing of the disposition of any criminal charge including a certified copy of such disposition within five days thereof. Within 30 calendar days following such suspension under this paragraph, or within five days from receipt by the appointing authority of notice of disposition of the charge from the employee, whichever occurs first, a notice of discipline shall be served on such employee or the employee shall be reinstated with back pay if suspended or returned to the employee’s assignment if temporarily reas- signed. Nothing in this paragraph shall limit the right of the appointing authority, or its designee, to take disciplinary action during the pendency of criminal proceedings. 3. Where the appointing authority, or its designee, elects to temporarily reassign an employee pursuant to this Article, the employee shall be notified in writing of the location, the effective date and nature of such temporary reassignment and that the employee may elect in writing to refuse such temporary reas- signment and may be suspended without pay. The employee’s election must be made in writing before commencement of the temporary reassignment. An election by the employee to refuse such temporary reassignment is final and may not thereafter be withdrawn. No election by the employee is permitted once the employee commences the temporary reassignment. 4. The State may rescind a notice of discipline and issue a revised notice of discipline no later than 20 working days prior to the commencement of a disciplinary arbitration. Such action shall not affect a sus- pension without pay or a temporary reassignment. 5. The fact that the appointing authority, or its designee, has temporarily reassigned an employee rather than suspending the employee without pay shall not be considered by the disciplinary arbitrator for any purpose. b. During the period of any suspension without pay pursuant to this Article, the State shall continue the employee’s and eligible dependents’ health insurance coverage which is otherwise available to unit em- ployees, and the State shall pay the employer’s share of any premiums to maintain such coverage. Any such suspended employee shall be responsible for paying the employee’s share of premium for such health insurance coverage. The State shall not be liable for payment of the employer’s share of the health insurance premium for any period of time during which the suspended employee fails to pay the em- ployee’s share of the health insurance premium. Also, an employee suspended pursuant to the provisions of this Article shall be counted for the purpose of calculating the amount of any periodic deposit to the UUP Benefit Trust Fund. c. Where an employee has been suspended without pay pursuant to this Article, an employee’s ab- sence(s) shall, upon the employee’s written request, be charged against vacation leave, holiday leave, or FLSA compensatory leave provided sufficient accruals exist in such leave categories. d. Suspension without pay or temporary reassignment: 1. Where an employee has been suspended without pay or temporarily reassigned pursuant to this Arti- cle, the employee may, in writing, waive the meeting with the Chancellor, or designee, at the time of filing a disciplinary grievance. In the event of such waiver, the employee shall file the disciplinary grievance form, within the prescribed time limits for filing a grievance with the Chancellor, or designee, directly with the Director of the Governor’s Office of Employee Relations, or designee, in accordance with the provi- sions of Section 19.4(d). 2. Where an employee has been suspended without pay pursuant to this Article, the employee may file the disciplinary grievance form, within the prescribed time limits for filing a grievance with the Chancellor, or designee, directly with the Director of the Governor’s Office of Employee Relations, or designee, in ac- cordance with the provisions of Section 19.4(d) and concurrently file a copy of such grievance with the Chancellor, or designee, in accordance with the provisions of Section 19.4(c). e. Where a disciplinary arbitration proceeding does not commence within 60 calendar days of an appeal made pursuant to Section 19.4(d) or Section 19.7(d) due solely to the unavailability of the State, an em- ployee suspended without pay shall be returned to the payroll, or temporarily reassigned, until such time that the disciplinary arbitrator renders a decision in the matter, or the matter is otherwise resolved.

Suspension Before Notice of Discipline. a. (a) Prior to issuing a notice of discipline or the completion exhaustion of the disciplinary grievance procedure pro- vided provided for in this Article, an employee may be suspended, suspended without pay, pay by the his appointing authority only pursuant to paragraphs (1) or (2) of this Section. As an alternative to such suspension, the employee may be temporarily reassignedbelow. (1. ) The appointing authority, authority or its designee, his designee may suspend without pay or temporarily reassign an em- ployee employee when the appointing authority, authority or its designee, his designee determines that there is probable cause that such employee’s 's continued presence on the job represents a potential danger to persons or property or would severely interfere with its operations. Such determination shall be reviewable by the a disciplinary arbitra- torarbitrator. A notice of discipline shall be served no later than 10 seven days following any such suspension suspension. At the time of suspension, the appointing authority or tempo- rary reassignmenthis designee shall set forth in writing to the employee the specific reasons for the suspension. (2. ) The appointing authority, authority or its designee, his designee may with agency approval suspend without pay or temporarily reassign an em- ployee employee charged with the commission of a crime. Such employee shall notify the his appointing authority in writing of the disposition of any criminal charge including a certified copy of such disposition within five seven days thereof. Within 30 calendar days following such suspension under this paragraphprovision, or within five seven days from receipt by the appointing authority of notice of disposition of the charge from the employee, whichever occurs first, a notice of discipline shall be served on such employee or the employee shall be reinstated with back pay if suspended or returned to the employee’s assignment if temporarily reas- signedpay. Nothing in this paragraph shall limit the right of the appointing authority, authority or its designee, his designee to take disciplinary action during the pendency of criminal proceedings. (3. Where ) Upon the appointing authorityratification of this Agreement, or its designee, elects to temporarily reassign in the event that an employee pursuant to this Articleis suspended without pay, the employee shall be notified in writing of will have the locationoption to draw from previously accrued annual leave, the effective date and nature of such temporary reassignment and that the employee may elect in writing personal leave, holiday leave and/or compensatory leave upon written notification to refuse such temporary reas- signment and may be suspended without pay. The employee’s election must be made in writing before commencement of the temporary reassignment. An election by the employee to refuse such temporary reassignment is final and may not thereafter be withdrawn. No election by the employee is permitted once the employee commences the temporary reassignmenthis/her supervisor. (4. The State may rescind a notice of discipline and issue a revised notice of discipline no later than 20 working days prior to the commencement of a disciplinary arbitration. Such action shall not affect a sus- pension without pay or a temporary reassignment. 5. The fact that the appointing authority, or its designee, has temporarily reassigned an employee rather than suspending the employee without pay shall not be considered by the disciplinary arbitrator for any purpose. b. During the period of any suspension without pay pursuant to this Article, the State shall continue the employee’s and eligible dependents’ health insurance coverage which is otherwise available to unit em- ployees, and the State shall pay the employer’s share of any premiums to maintain such coverage. Any such suspended employee shall be responsible for paying the employee’s share of premium for such health insurance coverage. The State shall not be liable for payment of the employer’s share of the health insurance premium for any period of time during which the suspended employee fails to pay the em- ployee’s share of the health insurance premium. Also, an employee suspended pursuant to the provisions of this Article shall be counted for the purpose of calculating the amount of any periodic deposit to the UUP Benefit Trust Fund. c. Where ) When an employee has been suspended without pay pursuant to this Article, an employee’s ab- sence(s) shall, upon the employee’s written request, be charged against vacation leave, holiday leave, or FLSA compensatory leave provided sufficient accruals exist in such leave categories. d. Suspension without pay or temporary reassignment: 1. Where an employee has been suspended without pay or temporarily reassigned pursuant to this Arti- clepay, the agency or department meeting may be waived by the employee may, in writing, waive or by the meeting Union with the Chancellor, or designee, consent of the employee at the time of filing a the disciplinary grievance. In the event of such waiver, the employee or the Union shall file the disciplinary grievance form, form within the prescribed time limits for filing a an agency level grievance directly with PERB. The case shall be given priority in assignment. (5) An employee who is charged with the Chancellorcommission of a crime, or designeesuspended without pay and subsequently not found guilty and against whom no disciplinary action is taken for the incident in question, directly shall be reinstated with the Director of the Governor’s Office of Employee Relations, or designee, in accordance with the provi- sions of Section 19.4(d)full back pay. 2. Where an employee has been suspended (6) During a period of suspension without pay pursuant to this Articlesection, the employee may file the disciplinary grievance form, within the prescribed time limits for filing a grievance with the Chancellor, or designee, directly with the Director State shall continue to pay its share of the Governorcost of the employee’s Office of Employee Relationshealth, dental and vision care coverage under Article 12 which was in effect on the day prior to the suspension provided that the suspended employee pay his or designee, in ac- cordance with the provisions of Section 19.4(d) and concurrently file a copy of such grievance with the Chancellor, or designee, in accordance with the provisions of Section 19.4(c)her share. e. Where a disciplinary arbitration proceeding does not commence within 60 calendar days of an appeal made pursuant to Section 19.4(d(b) A registered or Section 19.7(d) due solely to certified letter notifying the unavailability President of the StateUnion of any suspension under paragraph 8.4(a) above shall be sent within one day, excluding Saturdays, Sundays and holidays. (c) Back Pay Award Where an em- ployee suspended without employee is awarded back pay, the amount to be reimbursed will be offset by unemployment insurance collected by the employee during the period that the back pay award covers. An award of back pay shall be returned deemed to include reimbursement of all other benefits including the payroll, or temporarily reassigned, until such time that the disciplinary arbitrator renders a decision in the matter, or the matter is otherwise resolvedaccrual of leave credits and holiday leave.

Suspension Before Notice of Discipline. a. A. Prior to issuing a notice of discipline or the completion exhaustion of the disciplinary grievance procedure pro- vided provided for in this Article, an employee may be suspended, suspended without pay, pay by the appointing authority Employer only pursuant to paragraphs (1) or (2) of this Section. As an alternative to such suspension, the employee may be temporarily reassignedbelow. 1. The appointing authority, or its designee, Employer may suspend without pay or temporarily reassign an em- ployee employee when the appointing authority, or its designee, Employer determines that there is probable cause that such employee’s 's continued presence on the job represents a potential danger to persons or property or would severely interfere with its operations. Such determination shall be reviewable by the a disciplinary arbitra- torarbitrator. A notice of discipline shall be served no later than 10 seven days following any such suspension or tempo- rary reassignmentsuspension. 2. The appointing authority, or its designee, Employer may suspend without pay or temporarily reassign an em- ployee employee charged with the commission of a crime. Such employee shall notify the appointing authority Employer in writing of the disposition of any criminal charge including a certified copy of such disposition within five seven days thereof. Within 30 calendar days following such suspension under this paragraphprovision, or within five seven days from receipt by the appointing authority Employer of notice of disposition of the charge from the employee, whichever occurs first, a notice of discipline shall be served on such employee or the employee shall be reinstated with back pay if suspended or returned to the employee’s assignment if temporarily reas- signedpay. Nothing in this paragraph shall limit the right of the appointing authority, or its designee, Employer to take disciplinary action during the pendency of criminal proceedings. 3. Where the appointing authority, or its designee, elects to temporarily reassign an employee pursuant to this Article, the employee shall be notified in writing of the location, the effective date and nature of such temporary reassignment and that the employee may elect in writing to refuse such temporary reas- signment and may be suspended without pay. The employee’s election must be made in writing before commencement of the temporary reassignment. An election by the employee to refuse such temporary reassignment is final and may not thereafter be withdrawn. No election by the employee is permitted once the employee commences the temporary reassignment. 4. The State may rescind a notice of discipline and issue a revised notice of discipline no later than 20 working days prior to the commencement of a disciplinary arbitration. Such action shall not affect a sus- pension without pay or a temporary reassignment. 5. The fact that the appointing authority, or its designee, has temporarily reassigned an employee rather than suspending the employee without pay shall not be considered by the disciplinary arbitrator for any purpose. b. During the period of any suspension without pay pursuant to this Article, the State shall continue the employee’s and eligible dependents’ health insurance coverage which is otherwise available to unit em- ployees, and the State shall pay the employer’s share of any premiums to maintain such coverage. Any such suspended employee shall be responsible for paying the employee’s share of premium for such health insurance coverage. The State shall not be liable for payment of the employer’s share of the health insurance premium for any period of time during which the suspended employee fails to pay the em- ployee’s share of the health insurance premium. Also, an employee suspended pursuant to the provisions of this Article shall be counted for the purpose of calculating the amount of any periodic deposit to the UUP Benefit Trust Fund. c. Where When an employee has been suspended without pay pursuant to this Article, an employee’s ab- sence(s) shall, upon the employee’s written request, be charged against vacation leave, holiday leave, or FLSA compensatory leave provided sufficient accruals exist in such leave categories. d. Suspension without pay or temporary reassignment: 1. Where an employee has been suspended without pay or temporarily reassigned pursuant to this Arti- clepay, the Chief of Police and Supervisor meetings may be waived by the employee may, in writing, waive or by the meeting Union with the Chancellor, or designee, consent of the employee at the time of filing a the disciplinary grievance. In the event of such waiver, the employee or the Union shall file the disciplinary grievance form, form within the prescribed time limits for filing a the disciplinary grievance directly with PERB. The case shall be given priority in assignment. 4. An employee who is charged with the Chancellorcommission of a crime, or designee, directly with the Director of the Governor’s Office of Employee Relations, or designee, in accordance with the provi- sions of Section 19.4(d). 2. Where an employee has been suspended without pay pursuant to this Articleand subsequently not found guilty, and against whom no disciplinary action is taken for the incident in question, shall be reinstated with full back pay. a. A registered or certified letter notifying the Union of any suspension under paragraph 5.4a above shall be sent within one day, excluding Saturdays, Sundays and holidays. b. Back Pay Award-where an employee is awarded back pay, the amount to be reimbursed shall not be offset by any wages earned by the employee may file during the disciplinary grievance form, within the prescribed time limits for filing a grievance with the Chancellor, or designee, directly with the Director period of the Governor’s Office his suspension. An award of Employee Relations, or designee, in ac- cordance with the provisions of Section 19.4(d) and concurrently file a copy of such grievance with the Chancellor, or designee, in accordance with the provisions of Section 19.4(c). e. Where a disciplinary arbitration proceeding does not commence within 60 calendar days of an appeal made pursuant to Section 19.4(d) or Section 19.7(d) due solely to the unavailability of the State, an em- ployee suspended without back pay shall be returned deemed to include reimbursement of all other benefits including the payroll, or temporarily reassigned, until such time that the disciplinary arbitrator renders a decision in the matter, or the matter is otherwise resolvedaccrual of leave credits and holiday leave.

Suspension Before Notice of Discipline. a. Prior to issuing a notice of discipline or the completion exhaustion of the disciplinary grievance procedure pro- vided provided for in this Article, an employee may be suspended, suspended without pay, pay by the his appointing authority only pursuant to paragraphs (1) or (2) of this Section. As an alternative to such suspension, the employee may be temporarily reassignedbelow. 1. The appointing authority, authority or its designee, his designee may suspend without pay or temporarily reassign an em- ployee employee when the appointing authority, authority or its designee, his designee determines that there is probable cause that such employee’s 's continued presence on the job represents a potential danger to persons or property or would severely interfere with its operations. Such determination shall be reviewable by the a disciplinary arbitra- torarbitrator. A notice of discipline shall be served no later than 10 seven days following any such suspension suspension. At the time of suspension, the appointing authority or tempo- rary reassignmenthis designee shall set forth in writing to the employee the specific reasons for the suspension. 2. The appointing authority, authority or its designee, his designee may with agency approval suspend without pay or temporarily reassign an em- ployee employee charged with the commission of a crime. Such employee shall notify the his appointing authority in writing of the disposition of any criminal charge including a certified copy of such disposition within five seven days thereof. Within 30 calendar days following such suspension under this paragraphprovision, or within five seven days from receipt by the appointing authority of notice of disposition of the charge from the employee, whichever occurs first, a notice of discipline shall be served on such employee or the employee shall be reinstated with back pay if suspended or returned to the employee’s assignment if temporarily reas- signedpay. Nothing in this paragraph shall limit the right of the appointing authority, authority or its designee, his designee to take disciplinary action during the pendency of criminal proceedings. 3. Where Upon the appointing authorityratification of this Agreement, or its designee, elects to temporarily reassign in the event that an employee pursuant to this Articleis suspended without pay, the employee shall be notified in writing of will have the locationoption to draw from previously accrued annual leave, the effective date and nature of such temporary reassignment and that the employee may elect in writing personal leave, holiday leave and/or compensatory leave upon written notification to refuse such temporary reas- signment and may be suspended without pay. The employee’s election must be made in writing before commencement of the temporary reassignment. An election by the employee to refuse such temporary reassignment is final and may not thereafter be withdrawn. No election by the employee is permitted once the employee commences the temporary reassignmenthis/her supervisor. 4. The State may rescind a notice of discipline and issue a revised notice of discipline no later than 20 working days prior to the commencement of a disciplinary arbitration. Such action shall not affect a sus- pension without pay or a temporary reassignment. 5. The fact that the appointing authority, or its designee, has temporarily reassigned an employee rather than suspending the employee without pay shall not be considered by the disciplinary arbitrator for any purpose. b. During the period of any suspension without pay pursuant to this Article, the State shall continue the employee’s and eligible dependents’ health insurance coverage which is otherwise available to unit em- ployees, and the State shall pay the employer’s share of any premiums to maintain such coverage. Any such suspended employee shall be responsible for paying the employee’s share of premium for such health insurance coverage. The State shall not be liable for payment of the employer’s share of the health insurance premium for any period of time during which the suspended employee fails to pay the em- ployee’s share of the health insurance premium. Also, an employee suspended pursuant to the provisions of this Article shall be counted for the purpose of calculating the amount of any periodic deposit to the UUP Benefit Trust Fund. c. Where When an employee has been suspended without pay pursuant to this Article, an employee’s ab- sence(s) shall, upon the employee’s written request, be charged against vacation leave, holiday leave, or FLSA compensatory leave provided sufficient accruals exist in such leave categories. d. Suspension without pay or temporary reassignment: 1. Where an employee has been suspended without pay or temporarily reassigned pursuant to this Arti- clepay, the agency or department meeting may be waived by the employee may, in writing, waive or by the meeting Union with the Chancellor, or designee, consent of the employee at the time of filing a the disciplinary grievance. In the event of such waiver, the employee or the Union shall file the disciplinary grievance form, form within the prescribed time limits for filing a an agency level grievance directly with PERB. The case shall be given priority in assignment. 5. An employee who is charged with the Chancellorcommission of a crime, or designeesuspended without pay and subsequently not found guilty and against whom no disciplinary action is taken for the incident in question, directly shall be reinstated with the Director of the Governor’s Office of Employee Relations, or designee, in accordance with the provi- sions of Section 19.4(d)full back pay. 26. Where an employee has been suspended During a period of suspension without pay pursuant to this Articlesection, the State shall continue to pay its share of the cost of the employee’s health, dental and vision care coverage under Article 12 which was in effect on the day prior to the suspension provided that the suspended employee may file pay his or her share. b. A registered or certified letter notifying the disciplinary grievance formPresident of the Union of any suspension under paragraph 8.4(a) above shall be sent within one day, within excluding Saturdays, Sundays and holidays. c. Back Pay Award Where an employee is awarded back pay, the prescribed time limits for filing a grievance amount to be reimbursed shall not be offset by any wages earned by the employee during the period of his suspension with the Chancellor, or designee, directly with the Director exception of the Governor’s Office unemployment insurance. An award of Employee Relations, or designee, in ac- cordance with the provisions of Section 19.4(d) and concurrently file a copy of such grievance with the Chancellor, or designee, in accordance with the provisions of Section 19.4(c). e. Where a disciplinary arbitration proceeding does not commence within 60 calendar days of an appeal made pursuant to Section 19.4(d) or Section 19.7(d) due solely to the unavailability of the State, an em- ployee suspended without back pay shall be returned deemed to include reimbursement of all other benefits including the payroll, or temporarily reassigned, until such time that the disciplinary arbitrator renders a decision in the matter, or the matter is otherwise resolvedaccrual of leave credits and holiday leave.

Suspension Before Notice of Discipline. a. Prior to issuing a notice of discipline or the completion of the disciplinary grievance procedure pro- vided provided for in this Article, an employee may be suspended, without pay, by the appointing authority only pursuant to paragraphs (1) or (2) of this Section. As an alternative to such suspension, the employee may be temporarily reassigned. 1. The appointing authority, or its designee, may suspend without pay or temporarily reassign an em- ployee employee when the appointing authority, or its designee, determines that there is probable cause that such employee’s continued presence on the job represents a potential danger to persons or property or would severely interfere with its operations. Such determination shall be reviewable by the disciplinary arbitra- torarbitrator. A notice of discipline shall be served no later than 10 ten (10) days following any such suspension or tempo- rary temporary reassignment. 2. The appointing authority, or its designee, may suspend without pay or temporarily reassign an em- ployee employee charged with the commission of a crime. Such employee shall notify the appointing authority in writing of the disposition of any criminal charge including a certified copy of such disposition within five (5) days thereof. Within 30 thirty (30) calendar days following such suspension under this paragraph, or within five (5) days from receipt by the appointing authority of notice of disposition of the charge from the employee, whichever occurs first, a notice of discipline shall be served on such employee or the employee shall be reinstated with back pay if suspended or returned to the employee’s assignment if temporarily reas- signedreassigned. Nothing in this paragraph shall limit the right of the appointing authority, or its designee, to take disciplinary action during the pendency of criminal proceedings. 3. Where the appointing authority, or its designee, elects to temporarily reassign an employee pursuant to this Article, the employee shall be notified in writing of the location, the effective date and nature of such temporary reassignment and that the employee may elect in writing to refuse such temporary reas- signment reassignment and may be suspended without pay. The employee’s election must be made in writing before commencement of the temporary reassignment. An election by the employee to refuse such temporary reassignment is final and may not thereafter be withdrawn. No election by the employee is permitted once the employee commences the temporary reassignment. 4. The State may rescind a notice of discipline and issue a revised notice of discipline no later than 20 twenty (20) working days prior to the commencement of a disciplinary arbitration. Such action shall not affect a sus- pension suspension without pay or a temporary reassignment. 5. The fact that the appointing authority, or its designee, has temporarily reassigned an employee rather than suspending the employee without pay shall not be considered by the disciplinary arbitrator for any purpose. b. During the period of any suspension without pay pursuant to this Article, the State shall continue the employee’s and eligible dependents’ health insurance coverage which is otherwise available to unit em- ployeesemployees, and the State shall pay the employer’s share of any premiums to maintain such coverage. Any such suspended employee shall be responsible for paying the employee’s share of premium for such health insurance coverage. The State shall not be liable for payment of the employer’s share of the health insurance premium for any period of time during which the suspended employee fails to pay the em- ployeeemployee’s share of the health insurance premium. Also, an employee suspended pursuant to the provisions of this Article shall be counted for the purpose of calculating the amount of any periodic deposit to the UUP Benefit Trust Fund. c. Where an employee has been suspended without pay pursuant to this Article, an employee’s ab- sence(sabsence(s) shall, upon the employee’s written request, be charged against vacation leave, holiday leave, or FLSA compensatory leave provided sufficient accruals exist in such leave categories. These leave accruals 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. d. Suspension without pay or temporary reassignment: 1. Where an employee has been suspended without pay or temporarily reassigned pursuant to this Arti- cleArticle, the employee may, in writing, waive the meeting with the Chancellor, or designee, at the time of filing a disciplinary grievance. In the event of such waiver, the employee shall file the disciplinary grievance form, within the prescribed time limits for filing a grievance with the Chancellor, or designee, directly with the Director of the Governor’s Office of Employee Relations, or designee, in accordance with the provi- sions provisions of Section 19.4(d). 2. Where an employee has been suspended without pay pursuant to this Article, the employee may file the disciplinary grievance form, within the prescribed time limits for filing a grievance with the Chancellor, or designee, directly with the Director of the Governor’s Office of Employee Relations, or designee, in ac- cordance accordance with the provisions of Section 19.4(d) and concurrently file a copy of such grievance with the Chancellor, or designee, in accordance with the provisions of Section 19.4(c). e. Where a disciplinary arbitration proceeding does not commence within 60 sixty (60) calendar days of an appeal made pursuant to Section 19.4(d) or Section 19.7(d) due solely to the unavailability of the State, an em- ployee employee suspended without pay shall be returned to the payroll, or temporarily reassigned, until such time that the disciplinary arbitrator renders a decision in the matter, or the matter is otherwise resolved.

Suspension Before Notice of Discipline. a. (a) Prior to issuing a notice of discipline or the completion exhaustion of the disciplinary grievance procedure pro- vided provided for in this Article, an employee may be suspended, suspended without pay, pay by the his appointing authority only pursuant to paragraphs (1) or (2) of this Section. As an alternative to such suspension, the employee may be temporarily reassignedbelow. (1. ) The appointing authority, authority or its designee, his designee may suspend without pay or temporarily reassign an em- ployee employee when the appointing authority, authority or its designee, his designee determines that there is probable cause that such employee’s 's continued presence on the job represents a potential danger to persons or property or would severely interfere with its operations. Such determination shall be reviewable by the a disciplinary arbitra- torarbitrator. A notice of discipline shall be served no later than 10 seven days following any such suspension suspension. At the time of suspension, the appointing authority or tempo- rary reassignmenthis designee shall set forth in writing to the employee the specific reasons for the suspension. (2. ) The appointing authority, authority or its designee, his designee may with agency approval suspend without pay or temporarily reassign an em- ployee employee charged with the commission of a crime. Such employee shall notify the his appointing authority in writing of the disposition of any criminal charge including a certified copy of such disposition within five seven days thereof. Within 30 calendar days following such suspension under this paragraphprovision, or within five seven days from receipt by the appointing authority of notice of disposition of the charge from the employee, whichever occurs first, a notice of discipline shall be served on such employee or the employee shall be reinstated with back pay if suspended or returned to the employee’s assignment if temporarily reas- signedpay. Nothing in this paragraph shall limit the right of the appointing authority, authority or its designee, his designee to take disciplinary action during the pendency of criminal proceedings. (3. Where ) In the appointing authority, or its designee, elects to temporarily reassign event that an employee pursuant to this Articleis suspended without pay, the employee shall be notified in writing of will have the locationoption to draw from previously accrued annual leave, the effective date and nature of such temporary reassignment and that the employee may elect in writing personal leave, holiday leave and/or compensatory leave upon written notification to refuse such temporary reas- signment and may be suspended without pay. The employee’s election must be made in writing before commencement of the temporary reassignment. An election by the employee to refuse such temporary reassignment is final and may not thereafter be withdrawn. No election by the employee is permitted once the employee commences the temporary reassignmenthis/her supervisor. (4. The State may rescind a notice of discipline and issue a revised notice of discipline no later than 20 working days prior to the commencement of a disciplinary arbitration. Such action shall not affect a sus- pension without pay or a temporary reassignment. 5. The fact that the appointing authority, or its designee, has temporarily reassigned an employee rather than suspending the employee without pay shall not be considered by the disciplinary arbitrator for any purpose. b. During the period of any suspension without pay pursuant to this Article, the State shall continue the employee’s and eligible dependents’ health insurance coverage which is otherwise available to unit em- ployees, and the State shall pay the employer’s share of any premiums to maintain such coverage. Any such suspended employee shall be responsible for paying the employee’s share of premium for such health insurance coverage. The State shall not be liable for payment of the employer’s share of the health insurance premium for any period of time during which the suspended employee fails to pay the em- ployee’s share of the health insurance premium. Also, an employee suspended pursuant to the provisions of this Article shall be counted for the purpose of calculating the amount of any periodic deposit to the UUP Benefit Trust Fund. c. Where ) When an employee has been suspended without pay pursuant to this Article, an employee’s ab- sence(s) shall, upon the employee’s written request, be charged against vacation leave, holiday leave, or FLSA compensatory leave provided sufficient accruals exist in such leave categories. d. Suspension without pay or temporary reassignment: 1. Where an employee has been suspended without pay or temporarily reassigned pursuant to this Arti- clepay, the agency or department meeting may be waived by the employee may, in writing, waive or by the meeting PBA with the Chancellor, or designee, consent of the employee at the time of filing a the disciplinary grievance. In the event of such waiver, the employee or the PBA shall file the disciplinary grievance form, form within the prescribed time limits for filing a an agency level grievance directly with PERB. The case shall be given priority in assignment. (5) An employee who is charged with the Chancellorcommission of a crime, or designeesuspended without pay and subsequently found not guilty and against whom no disciplinary action is taken for the incident in question, directly shall be reinstated with the Director of the Governor’s Office of Employee Relations, or designee, in accordance with the provi- sions of Section 19.4(d)full back pay. 2. Where an employee has been suspended (6) During a period of suspension without pay pursuant to this Articlesection, the State shall continue to pay its share of the cost of the employee’s health, dental and vision care coverage under Article 12 which was in effect on the day prior to the suspension provided that the suspended employee may file pay his or her share. (b) A registered or certified letter notifying the disciplinary grievance formPresident of the PBA of any suspension under paragraph 8.4(a) above shall be sent within one day, within excluding Saturdays, Sundays and holidays. (c) Back Pay Award Where an employee is awarded back pay, the prescribed time limits for filing a grievance amount to be reimbursed shall not be offset by any wages earned by the employee during the period of his suspension with the Chancellor, or designee, directly with the Director exception of the Governor’s Office unemployment insurance. An award of Employee Relations, or designee, in ac- cordance with the provisions of Section 19.4(d) and concurrently file a copy of such grievance with the Chancellor, or designee, in accordance with the provisions of Section 19.4(c). e. Where a disciplinary arbitration proceeding does not commence within 60 calendar days of an appeal made pursuant to Section 19.4(d) or Section 19.7(d) due solely to the unavailability of the State, an em- ployee suspended without back pay shall be returned deemed to include reimbursement of all other benefits including the payroll, or temporarily reassigned, until such time that the disciplinary arbitrator renders a decision in the matter, or the matter is otherwise resolved.accrual of leave credits and holiday leave.‌‌‌

Suspension Before Notice of Discipline. a. Prior to issuing a notice of discipline or the completion of the disciplinary grievance procedure pro- vided provided for in this Article, an employee may be suspended, without pay, by the appointing authority only pursuant to paragraphs (1) or (2) of this Section. As an alternative to such suspension, the employee may be temporarily reassigned. 1. The appointing authority, or its designee, may suspend without pay or temporarily reassign an em- ployee employee when the appointing authority, or its designee, determines that there is probable cause that such employee’s continued presence on the job represents a potential danger to persons or property or would severely interfere with its operations. Such determination shall be reviewable by the disciplinary arbitra- torarbitrator. A notice of discipline shall be served no later than 10 five ten days following any such suspension or tempo- rary temporary reassignment. 2. The appointing authority, or its designee, may suspend without pay or temporarily reassign an em- ployee employee charged with the commission of a crime. Such employee shall notify the appointing authority in writing of the disposition of any criminal charge including a certified copy of such disposition within five days thereof. Within 30 calendar days following such suspension under this paragraph, or within five days from receipt by the appointing authority of notice of disposition of the charge from the employee, whichever occurs first, a notice of discipline shall be served on such employee or the employee shall be reinstated with back pay if suspended or returned to the employee’s assignment if temporarily reas- signedreassigned. Nothing in this paragraph shall limit the right of the appointing authority, or its designee, to take disciplinary action during the pendency of criminal proceedings. 3. Where the appointing authority, or its designee, elects to temporarily reassign an employee pursuant to this Article, the employee shall be notified in writing of the location, the effective date and nature of such temporary reassignment and that the employee may elect in writing to refuse such temporary reas- signment reassignment and may be suspended without pay. The employee’s election must be made in writing before commencement of the temporary reassignment. An election by the employee to refuse such temporary reassignment is final and may not thereafter be withdrawn. No election by the employee is permitted once the employee commences the temporary reassignment. 4. The State may rescind a notice of discipline and issue a revised notice of discipline no later than 20 working days prior to the commencement of a disciplinary arbitration. Such action shall not affect a sus- pension suspension without pay or a temporary reassignment. 5. The fact that the appointing authority, or its designee, has temporarily reassigned an employee rather than suspending the employee without pay shall not be considered by the disciplinary arbitrator for any purpose. b. During the period of any suspension without pay pursuant to this Article, the State shall continue the employee’s and eligible dependents’ health insurance coverage which is otherwise available to unit em- ployeesemployees, and the State shall pay the employer’s share of any premiums to maintain such coverage. Any such suspended employee shall be responsible for paying the employee’s share of premium for such health insurance coverage. The State shall not be liable for payment of the employer’s share of the health insurance premium for any period of time during which the suspended employee fails to pay the em- ployeeemployee’s share of the health insurance premium. Also, an employee suspended pursuant to the provisions of this Article shall be counted for the purpose of calculating the amount of any periodic deposit to the UUP Benefit Trust Fund. c. Where an employee has been suspended without pay pursuant to this Article, an employee’s ab- sence(sabsence(s) shall, upon the employee’s written request, be charged against vacation leave, holiday leave, or FLSA compensatory leave provided sufficient accruals exist in such leave categories. . d. Suspension without pay or temporary reassignment: 1. Where an employee has been suspended without pay or temporarily reassigned pursuant to this Arti- cleArticle, the employee may, in writing, waive the meeting with the Chancellor, or designee, at the time of filing a disciplinary grievance. In the event of such waiver, the employee shall file the disciplinary grievance form, within the prescribed time limits for filing a grievance with the Chancellor, or designee, directly with the Director of the Governor’s Office of Employee Relations, or designee, in accordance with the provi- sions provisions of Section 19.4(d). 2. Where an employee has been suspended without pay pursuant to this Article, the employee may file the disciplinary grievance form, within the prescribed time limits for filing a grievance with the Chancellor, or designee, directly with the Director of the Governor’s Office of Employee Relations, or designee, in ac- cordance accordance with the provisions of Section 19.4(d) and concurrently file a copy of such grievance with the Chancellor, or designee, in accordance with the provisions of Section 19.4(c). e. Where a disciplinary arbitration proceeding does not commence within 60 calendar days of an appeal made pursuant to Section 19.4(d) or Section 19.7(d) due solely to the unavailability of the State, an em- ployee suspended without pay shall be returned to the payroll, or temporarily reassigned, until such time that the disciplinary arbitrator renders a decision in the matter, or the matter is otherwise resolved.

Suspension Before Notice of Discipline. a. A. Prior to issuing a notice of discipline or the completion exhaustion of the disciplinary grievance procedure pro- vided provided for in this Article, an employee may be suspended, suspended without pay, pay by the appointing authority Employer only pursuant to paragraphs (1) or (2) of this Section. As an alternative to such suspension, the employee may be temporarily reassignedbelow. 1. The appointing authority, or its designee, Employer may suspend without pay or temporarily reassign an em- ployee employee when the appointing authority, or its designee, Employer determines that there is probable cause that such employee’s 's continued presence on the job represents a potential danger to persons or property or would severely interfere with its operations. Such determination shall be reviewable by the a disciplinary arbitra- torarbitrator. A notice of discipline shall be served no later than 10 seven days following any such suspension or tempo- rary reassignmentsuspension. 2. The appointing authority, or its designee, Employer may suspend without pay or temporarily reassign an em- ployee employee charged with the commission of a crime. Such employee shall notify the appointing authority Employer in writing of the disposition of any criminal charge including a certified copy of such disposition within five seven days thereof. Within 30 calendar days following such suspension under this paragraphprovision, or within five seven days from receipt by the appointing authority Employer of notice of disposition of the charge from the employee, whichever occurs first, a notice of discipline shall be served on such employee or the employee shall be reinstated with back pay if suspended or returned to the employee’s assignment if temporarily reas- signedpay. Nothing in this paragraph shall limit the right of the appointing authority, or its designee, Employer to take disciplinary action during the pendency of criminal proceedings. 3. Where the appointing authority, or its designee, elects to temporarily reassign an employee pursuant to this Article, the employee shall be notified in writing of the location, the effective date and nature of such temporary reassignment and that the employee may elect in writing to refuse such temporary reas- signment and may be suspended without pay. The employee’s election must be made in writing before commencement of the temporary reassignment. An election by the employee to refuse such temporary reassignment is final and may not thereafter be withdrawn. No election by the employee is permitted once the employee commences the temporary reassignment. 4. The State may rescind a notice of discipline and issue a revised notice of discipline no later than 20 working days prior to the commencement of a disciplinary arbitration. Such action shall not affect a sus- pension without pay or a temporary reassignment. 5. The fact that the appointing authority, or its designee, has temporarily reassigned an employee rather than suspending the employee without pay shall not be considered by the disciplinary arbitrator for any purpose. b. During the period of any suspension without pay pursuant to this Article, the State shall continue the employee’s and eligible dependents’ health insurance coverage which is otherwise available to unit em- ployees, and the State shall pay the employer’s share of any premiums to maintain such coverage. Any such suspended employee shall be responsible for paying the employee’s share of premium for such health insurance coverage. The State shall not be liable for payment of the employer’s share of the health insurance premium for any period of time during which the suspended employee fails to pay the em- ployee’s share of the health insurance premium. Also, an employee suspended pursuant to the provisions of this Article shall be counted for the purpose of calculating the amount of any periodic deposit to the UUP Benefit Trust Fund. c. Where When an employee has been suspended without pay pursuant to this Article, an employee’s ab- sence(s) shall, upon the employee’s written request, be charged against vacation leave, holiday leave, or FLSA compensatory leave provided sufficient accruals exist in such leave categories. d. Suspension without pay or temporary reassignment: 1. Where an employee has been suspended without pay or temporarily reassigned pursuant to this Arti- clepay, the Chief of Police and Town Supervisor meetings may be waived by the employee may, in writing, waive or by the meeting Union with the Chancellor, or designee, consent of the employee at the time of filing a the disciplinary grievance. In the event of such waiver, the employee or the Union shall file the disciplinary grievance form, form within the prescribed time limits for filing a the disciplinary grievance directly with PERB. The case shall be given priority in assignment. A. An employee who is charged with the Chancellorcommission of a crime, or designeesuspended without pay and subsequently not found guilty and against whom no disciplinary action is taken for the incident in question, directly shall be reinstated with the Director of the Governor’s Office of Employee Relations, or designee, in accordance with the provi- sions of Section 19.4(d)full back pay. 2B. A registered or certified letter notifying the Union of any suspension under paragraph 20.4 a above shall be sent within one day, excluding Saturdays, Sundays and holidays. Where an employee has been suspended without pay pursuant to this Articleis awarded back pay, the amount to be reimbursed shall not be offset by any wages earned by the employee may file during the disciplinary grievance form, within the prescribed time limits for filing a grievance with the Chancellor, or designee, directly with the Director period of the Governor’s Office his/her suspension. An award of Employee Relations, or designee, in ac- cordance with the provisions of Section 19.4(d) and concurrently file a copy of such grievance with the Chancellor, or designee, in accordance with the provisions of Section 19.4(c). e. Where a disciplinary arbitration proceeding does not commence within 60 calendar days of an appeal made pursuant to Section 19.4(d) or Section 19.7(d) due solely to the unavailability of the State, an em- ployee suspended without back pay shall be returned deemed to include reimbursement of all other benefits including the payroll, or temporarily reassigned, until such time that the disciplinary arbitrator renders a decision in the matter, or the matter is otherwise resolvedaccrual of leave credits and holiday leave.

Suspension Before Notice of Discipline. a. Prior to issuing a notice of discipline or the completion of the disciplinary grievance procedure pro- vided for in this Article, an employee may be suspended, without pay, by the appointing authority only pursuant to paragraphs (1) or (2) of this Section. As an alternative to such suspension, the employee may be temporarily reassigned. 1. The appointing authority, or its designee, may suspend without pay or temporarily reassign an em- ployee when the appointing authority, or its designee, determines that there is probable cause that such employee’s continued presence on the job represents a potential danger to persons or property or would severely interfere with its operations. Such determination shall be reviewable by the disciplinary arbitra- tor. A notice of discipline shall be served no later than 10 days following any such suspension or tempo- rary reassignment. 2. The appointing authority, or its designee, may suspend without pay or temporarily reassign an em- ployee charged with the commission of a crime. Such employee shall notify the appointing authority in writing of the disposition of any criminal charge including a certified certified copy of such disposition within five five days thereof. Within 30 calendar days following such suspension under this paragraph, or within five five days from receipt by the appointing authority of notice of disposition of the charge from the employee, whichever occurs firstfirst, a notice of discipline shall be served on such employee or the employee shall be reinstated with back pay if suspended or returned to the employee’s assignment if temporarily reas- signed. Nothing in this paragraph shall limit the right of the appointing authority, or its designee, to take disciplinary action during the pendency of criminal proceedings. 3. Where the appointing authority, or its designee, elects to temporarily reassign an employee pursuant to this Article, the employee shall be notified notified in writing of the location, the effective effective date and nature of such temporary reassignment and that the employee may elect in writing to refuse such temporary reas- signment and may be suspended without pay. The employee’s election must be made in writing before commencement of the temporary reassignment. An election by the employee to refuse such temporary reassignment is final final and may not thereafter be withdrawn. No election by the employee is permitted once the employee commences the temporary reassignment. 4. The State may rescind a notice of discipline and issue a revised notice of discipline no later than 20 working days prior to the commencement of a disciplinary arbitration. Such action shall not affect affect a sus- pension without pay or a temporary reassignment. 5. The fact that the appointing authority, or its designee, has temporarily reassigned an employee rather than suspending the employee without pay shall not be considered by the disciplinary arbitrator for any purpose. b. During the period of any suspension without pay pursuant to this Article, the State shall continue the employee’s and eligible dependents’ health insurance coverage which is otherwise available to unit em- ployees, and the State shall pay the employer’s share of any premiums to maintain such coverage. Any such suspended employee shall be responsible for paying the employee’s share of premium for such health insurance coverage. The State shall not be liable for payment of the employer’s share of the health insurance premium for any period of time during which the suspended employee fails to pay the em- ployee’s share of the health insurance premium. Also, an employee suspended pursuant to the provisions of this Article shall be counted for the purpose of calculating the amount of any periodic deposit to the UUP Benefit Benefit Trust Fund. c. Where an employee has been suspended without pay pursuant to this Article, an employee’s ab- sence(s) shall, upon the employee’s written request, be charged against vacation leave, holiday leave, or FLSA compensatory leave provided sufficient sufficient accruals exist in such leave categories. d. Suspension without pay or temporary reassignment: 1. Where an employee has been suspended without pay or temporarily reassigned pursuant to this Arti- cle, the employee may, in writing, waive the meeting with the Chancellor, or designee, at the time of filing filing a disciplinary grievance. In the event of such waiver, the employee shall file file the disciplinary grievance form, within the prescribed time limits for filing filing a grievance with the Chancellor, or designee, directly with the Director of the Governor’s Office Office of Employee Relations, or designee, in accordance with the provi- sions of Section 19.4(d). 2. Where an employee has been suspended without pay pursuant to this Article, the employee may file file the disciplinary grievance form, within the prescribed time limits for filing filing a grievance with the Chancellor, or designee, directly with the Director of the Governor’s Office Office of Employee Relations, or designee, in ac- cordance with the provisions of Section 19.4(d) and concurrently file file a copy of such grievance with the Chancellor, or designee, in accordance with the provisions of Section 19.4(c). e. Where a disciplinary arbitration proceeding does not commence within 60 calendar days of an appeal made pursuant to Section 19.4(d) or Section 19.7(d) due solely to the unavailability of the State, an em- ployee suspended without pay shall be returned to the payroll, or temporarily reassigned, until such time that the disciplinary arbitrator renders a decision in the matter, or the matter is otherwise resolved.

Suspension Before Notice of Discipline. a. Prior to issuing a notice of discipline or the completion exhaustion of the disciplinary grievance procedure pro- vided provided for in this Article, an employee may be suspended, suspended without pay, pay by the his appointing authority only pursuant to paragraphs (1) or (2) of this Section. As an alternative to such suspension, the employee may be temporarily reassignedbelow. 1. The appointing authority, authority or its designee, his designee may suspend without pay or temporarily reassign an em- ployee employee when the appointing authority, authority or its designee, his designee determines that there is probable cause that such employee’s 's continued presence on the job represents a potential danger to persons or property or would severely interfere with its operations. Such determination shall be reviewable by the a disciplinary arbitra- torarbitrator. A notice of discipline shall be served no later than 10 seven days following any such suspension suspension. At the time of suspension, the appointing authority or tempo- rary reassignmenthis designee shall set forth in writing to the employee the specific reasons for the suspension. 2. The appointing authority, authority or its designee, his designee may with agency approval suspend without pay or temporarily reassign an em- ployee employee charged with the commission of a crime. Such employee shall notify the his appointing authority in writing of the disposition of any criminal charge including a certified copy of such disposition within five seven days thereof. Within 30 calendar days following such suspension under this paragraphprovision, or within five seven days from receipt by the appointing authority of notice of disposition of the charge from the employee, whichever occurs first, a notice of discipline shall be served on such employee or the employee shall be reinstated with back pay if suspended or returned to the employee’s assignment if temporarily reas- signedpay. Nothing in this paragraph shall limit the right of the appointing authority, authority or its designee, his designee to take disciplinary action during the pendency of criminal proceedings. 3. Where Upon the appointing authorityratification of this Agreement, or its designee, elects to temporarily reassign in the event that an employee pursuant to this Articleis suspended without pay, the employee shall be notified in writing of will have the locationoption to draw from previously accrued annual leave, the effective date and nature of such temporary reassignment and that the employee may elect in writing personal leave, holiday leave and/or compensatory leave upon written notification to refuse such temporary reas- signment and may be suspended without pay. The employee’s election must be made in writing before commencement of the temporary reassignment. An election by the employee to refuse such temporary reassignment is final and may not thereafter be withdrawn. No election by the employee is permitted once the employee commences the temporary reassignmenthis/her supervisor. 4. The State may rescind a notice of discipline and issue a revised notice of discipline no later than 20 working days prior to the commencement of a disciplinary arbitration. Such action shall not affect a sus- pension without pay or a temporary reassignment. 5. The fact that the appointing authority, or its designee, has temporarily reassigned an employee rather than suspending the employee without pay shall not be considered by the disciplinary arbitrator for any purpose. b. During the period of any suspension without pay pursuant to this Article, the State shall continue the employee’s and eligible dependents’ health insurance coverage which is otherwise available to unit em- ployees, and the State shall pay the employer’s share of any premiums to maintain such coverage. Any such suspended employee shall be responsible for paying the employee’s share of premium for such health insurance coverage. The State shall not be liable for payment of the employer’s share of the health insurance premium for any period of time during which the suspended employee fails to pay the em- ployee’s share of the health insurance premium. Also, an employee suspended pursuant to the provisions of this Article shall be counted for the purpose of calculating the amount of any periodic deposit to the UUP Benefit Trust Fund. c. Where When an employee has been suspended without pay pursuant to this Article, an employee’s ab- sence(s) shall, upon the employee’s written request, be charged against vacation leave, holiday leave, or FLSA compensatory leave provided sufficient accruals exist in such leave categories. d. Suspension without pay or temporary reassignment: 1. Where an employee has been suspended without pay or temporarily reassigned pursuant to this Arti- clepay, the agency or department meeting may be waived by the employee may, in writing, waive or by the meeting Union with the Chancellor, or designee, consent of the employee at the time of filing a the disciplinary grievance. In the event of such waiver, the employee or the Union shall file the disciplinary grievance form, form within the prescribed time limits for filing a an agency level grievance directly with PERB. The case shall be given priority in assignment. 5. An employee who is charged with the Chancellorcommission of a crime, or designeesuspended without pay and subsequently not found guilty and against whom no disciplinary action is taken for the incident in question, directly shall be reinstated with the Director of the Governor’s Office of Employee Relations, or designee, in accordance with the provi- sions of Section 19.4(d)full back pay. 26. Where an employee has been suspended During a period of suspension without pay pursuant to this Articlesection, the State shall continue to pay its share of the cost of the employee's health, dental and vision care coverage under Article 12 which was in effect on the day prior to the suspension provided that the suspended employee may file pay his or her share. b. A registered or certified letter notifying the disciplinary grievance formPresident of the Union of any suspension under paragraph 8.4(a) above shall be sent within one day, within excluding Saturdays, Sundays and holidays. c. Back Pay Award Where an employee is awarded back pay, the prescribed time limits for filing a grievance amount to be reimbursed shall not be offset by any wages earned by the employee during the period of his suspension with the Chancellor, or designee, directly with the Director exception of the Governor’s Office unemployment insurance. An award of Employee Relations, or designee, in ac- cordance with the provisions of Section 19.4(d) and concurrently file a copy of such grievance with the Chancellor, or designee, in accordance with the provisions of Section 19.4(c). e. Where a disciplinary arbitration proceeding does not commence within 60 calendar days of an appeal made pursuant to Section 19.4(d) or Section 19.7(d) due solely to the unavailability of the State, an em- ployee suspended without back pay shall be returned deemed to include reimbursement of all other benefits including the payroll, or temporarily reassigned, until such time that the disciplinary arbitrator renders a decision in the matter, or the matter is otherwise resolvedaccrual of leave credits and holiday leave.

Suspension Before Notice of Discipline. a. (a) Prior to issuing a notice of discipline or the completion exhaustion of the disciplinary grievance procedure pro- vided provided for in this Article, an employee may be suspended, suspended without pay, pay by the his appointing authority only pursuant to paragraphs (1) or (2) of this Section. As an alternative to such suspension, the employee may be temporarily reassignedbelow. 1. The appointing authority, authority or its designee, his designee may suspend without pay or temporarily reassign an em- ployee employee when the appointing authority, authority or its designee, his designee determines that there is probable probably cause that such employee’s 's continued presence on the job represents a potential danger to persons or property or would severely interfere with its operations. Such determination shall be reviewable by the disciplinary arbitra- tor. A notice of discipline and shall be served no later than 10 seven (7) days following any such suspension or tempo- rary reassignmentsuspension. 2. The appointing authority, authority or its designee, his designee may suspend without pay or temporarily reassign an em- ployee employee charged with the commission of a crime. Such employee shall notify the his appointing authority in writing of the disposition of any criminal charge including a certified copy of such disposition within five seven days thereof. Within 30 calendar thirty (30) days following such suspension under this paragraphprovision, or within five seven (7) days from receipt by the appointing authority of notice of disposition of the charge from the employee, whichever occurs first, a notice of discipline shall be served on such employee or the employee he shall be reinstated with back pay if suspended or returned to the employee’s assignment if temporarily reas- signedpay. Nothing in this paragraph shall limit the right of the appointing authority, authority or its designee, his designee to take disciplinary action during the pendency of criminal proceedings. 3. Where the appointing authority, or its designee, elects to temporarily reassign an employee pursuant to this Article, the employee shall be notified in writing of the location, the effective date and nature of such temporary reassignment and that the employee may elect in writing to refuse such temporary reas- signment and may be suspended without pay. The employee’s election must be made in writing before commencement of the temporary reassignment. An election by the employee to refuse such temporary reassignment is final and may not thereafter be withdrawn. No election by the employee is permitted once the employee commences the temporary reassignment. 4. The State may rescind a notice of discipline and issue a revised notice of discipline no later than 20 working days prior to the commencement of a disciplinary arbitration. Such action shall not affect a sus- pension without pay or a temporary reassignment. 5. The fact that the appointing authority, or its designee, has temporarily reassigned an employee rather than suspending the employee without pay shall not be considered by the disciplinary arbitrator for any purpose. b. During the period of any suspension without pay pursuant to this Article, the State shall continue the employee’s and eligible dependents’ health insurance coverage which is otherwise available to unit em- ployees, and the State shall pay the employer’s share of any premiums to maintain such coverage. Any such suspended employee shall be responsible for paying the employee’s share of premium for such health insurance coverage. The State shall not be liable for payment of the employer’s share of the health insurance premium for any period of time during which the suspended employee fails to pay the em- ployee’s share of the health insurance premium. Also, an employee suspended pursuant to the provisions of this Article shall be counted for the purpose of calculating the amount of any periodic deposit to the UUP Benefit Trust Fund. c. Where When an employee has been suspended without pay pursuant to this Article, an employee’s ab- sence(s) shall, upon the employee’s written request, be charged against vacation leave, holiday leave, or FLSA compensatory leave provided sufficient accruals exist in such leave categories. d. Suspension without pay or temporary reassignment: 1. Where an employee has been suspended without pay or temporarily reassigned pursuant to this Arti- clepay, the department meeting may be waived by the employee mayor by the Union, in writing, waive the meeting with the Chancellor, or designee, consent of the employee at the time of filing a of the disciplinary grievance. In the event of such waiver, the employee or the Union shall file the disciplinary grievance form, form within the prescribed time limits for filing a grievance directly with PERB. The case shall be given priority in assignment. 4. An employee who is charged with the Chancellorcommission of a crime, or designee, directly with the Director of the Governor’s Office of Employee Relations, or designee, in accordance with the provi- sions of Section 19.4(d). 2. Where an employee has been suspended without pay pursuant to this Articleand subsequently not found guilty and against whom no disciplinary action is taken for the incident in question, shall be reinstated with full back pay. (b) A registered or certified letter notifying the employee may file the disciplinary grievance form, within the prescribed time limits for filing a grievance with the Chancellor, or designee, directly with the Director President of the Governor’s Office Union of Employee Relations, or designee, in ac- cordance with the provisions of Section 19.4(dany suspension under paragraph (a) and concurrently file a copy of such grievance with the Chancellor, or designee, in accordance with the provisions of Section 19.4(c). e. Where a disciplinary arbitration proceeding does not commence within 60 calendar days of an appeal made pursuant to Section 19.4(d) or Section 19.7(d) due solely to the unavailability of the State, an em- ployee suspended without pay above shall be returned to the payrollsent within one (1) day, or temporarily reassignedexcluding Saturdays, until such time that the disciplinary arbitrator renders a decision in the matter, or the matter is otherwise resolvedSundays and holidays.

Suspension Before Notice of Discipline. a. (a) Prior to issuing a notice of discipline or the completion exhaustion of the disciplinary grievance procedure pro- vided provided for in this Article, an employee may be suspended, suspended without pay, pay by the his appointing authority only pursuant to paragraphs (1) or (2) of this Section. As an alternative to such suspension, the employee may be temporarily reassignedbelow. (1. ) The appointing authority, authority or its designee, his designee may suspend without pay or temporarily reassign an em- ployee employee when the appointing authority, authority or its designee, his designee determines that there is probable cause that such employee’s 's continued presence on the job represents a potential danger to persons or property or would severely interfere with its operations. Such determination shall be reviewable by the a disciplinary arbitra- torarbitrator. A notice of discipline shall be served no later than 10 seven days following any such suspension suspension. At the time of suspension, the appointing authority or tempo- rary reassignmenthis designee shall set forth in writing to the employee the specific reasons for the suspension. (2. ) The appointing authority, authority or its designee, his designee may with agency approval suspend without pay or temporarily reassign an em- ployee employee charged with the commission of a crime. Such employee shall notify the his appointing authority in writing of the disposition of any criminal charge including a certified copy of such disposition within five seven days thereof. Within 30 calendar days following such suspension under this paragraphprovision, or within five seven days from receipt by the appointing authority of notice of disposition of the charge from the employee, whichever occurs first, a notice of discipline shall be served on such employee or the employee shall be reinstated with back pay if suspended or returned to the employee’s assignment if temporarily reas- signedpay. Nothing in this paragraph shall limit the right of the appointing authority, authority or its designee, his designee to take disciplinary action during the pendency of criminal proceedings. (3. Where ) Upon the appointing authorityratification of this Agreement, or its designee, elects to temporarily reassign in the event that an employee pursuant to this Articleis suspended without pay, the employee shall be notified in writing of will have the locationoption to draw from previously accrued annual leave, the effective date and nature of such temporary reassignment and that the employee may elect in writing personal leave, holiday leave and/or compensatory leave upon written notification to refuse such temporary reas- signment and may be suspended without pay. The employee’s election must be made in writing before commencement of the temporary reassignment. An election by the employee to refuse such temporary reassignment is final and may not thereafter be withdrawn. No election by the employee is permitted once the employee commences the temporary reassignmenthis/her supervisor. (4. The State may rescind a notice of discipline and issue a revised notice of discipline no later than 20 working days prior to the commencement of a disciplinary arbitration. Such action shall not affect a sus- pension without pay or a temporary reassignment. 5. The fact that the appointing authority, or its designee, has temporarily reassigned an employee rather than suspending the employee without pay shall not be considered by the disciplinary arbitrator for any purpose. b. During the period of any suspension without pay pursuant to this Article, the State shall continue the employee’s and eligible dependents’ health insurance coverage which is otherwise available to unit em- ployees, and the State shall pay the employer’s share of any premiums to maintain such coverage. Any such suspended employee shall be responsible for paying the employee’s share of premium for such health insurance coverage. The State shall not be liable for payment of the employer’s share of the health insurance premium for any period of time during which the suspended employee fails to pay the em- ployee’s share of the health insurance premium. Also, an employee suspended pursuant to the provisions of this Article shall be counted for the purpose of calculating the amount of any periodic deposit to the UUP Benefit Trust Fund. c. Where ) When an employee has been suspended without pay pursuant to this Article, an employee’s ab- sence(s) shall, upon the employee’s written request, be charged against vacation leave, holiday leave, or FLSA compensatory leave provided sufficient accruals exist in such leave categories. d. Suspension without pay or temporary reassignment: 1. Where an employee has been suspended without pay or temporarily reassigned pursuant to this Arti- clepay, the agency or department meeting may be waived by the employee may, in writing, waive or by the meeting Union with the Chancellor, or designee, consent of the employee at the time of filing a the disciplinary grievance. In the event of such waiver, the employee or the Union shall file the disciplinary grievance form, form within the prescribed time limits for filing a an agency level grievance directly with PERB. The case shall be given priority in assignment. (5) An employee who is charged with the Chancellorcommission of a crime, or designeesuspended without pay and subsequently not found guilty and against whom no disciplinary action is taken for the incident in question, directly shall be reinstated with the Director of the Governor’s Office of Employee Relations, or designee, in accordance with the provi- sions of Section 19.4(d)full back pay. 2. Where an employee has been suspended (6) During a period of suspension without pay pursuant to this Articlesection, the State shall continue to pay its share of the cost of the employee’s health, dental and vision care coverage under Article 12 which was in effect on the day prior to the suspension provided that the suspended employee may file pay his or her share. (7) For only those suspensions without pay under Article 8.4(a)(1) that are not cases subject to Article 8.9 or cases under Article 8.4(a)(2) where the disciplinary grievance form, within the prescribed time limits for filing a grievance employee is charged with the Chancellorcommission of a crime, the review process established by the Suspension Review side letter on page 174 may be invoked by the Union. (b) A registered or designee, directly with certified letter notifying the Director President of the Governor’s Office Union of Employee Relationsany suspension under paragraph 8.4(a) above shall be sent within one day, or designeeexcluding Saturdays, in ac- cordance with the provisions of Section 19.4(d) Sundays and concurrently file a copy of such grievance with the Chancellor, or designee, in accordance with the provisions of Section 19.4(c)holidays. e. (c) Back Pay Award Where a disciplinary arbitration proceeding does not commence within 60 calendar days an employee is awarded back pay, the amount to be reimbursed will be offset by unemployment insurance collected by the employee during the period that the back pay award covers. An award of an appeal made pursuant to Section 19.4(d) or Section 19.7(d) due solely to the unavailability of the State, an em- ployee suspended without back pay shall be returned deemed to include reimbursement of all other benefits including the payroll, or temporarily reassigned, until such time that the disciplinary arbitrator renders a decision in the matter, or the matter is otherwise resolvedaccrual of leave credits and holiday leave.

Suspension Before Notice of Discipline. a. Prior to issuing a notice of discipline or the completion of the disciplinary grievance procedure pro- vided cedure provided for in this Article, an employee may be suspended, without pay, by the appointing appoint- ing authority only pursuant to paragraphs (1) or (2) of this Section. As an alternative to such suspensionsus- pension, the employee may be temporarily reassigned. 1. The appointing authority, or its designee, may suspend without pay or temporarily reassign an em- ployee employee when the appointing authority, or its designee, determines that there is probable cause that such employee’s continued presence on the job represents a potential danger to persons per- sons or property or would severely interfere with its operations. Such determination shall be reviewable by the disciplinary arbitra- torarbitrator. A notice of discipline shall be served no later than 10 five days following any such suspension or tempo- rary temporary reassignment. 2. The appointing authority, or its designee, may suspend without pay or temporarily reassign an em- ployee employee charged with the commission of a crime. Such employee shall notify the appointing appoint- ing authority in writing of the disposition of any criminal charge including a certified copy of such disposition within five days thereof. Within 30 calendar days following such suspension under this paragraph, or within five days from receipt by the appointing authority of notice of disposition of the charge from the employee, whichever occurs first, a notice of discipline shall be served on such employee or the employee shall be reinstated with back pay if suspended or returned to the employee’s assignment if temporarily reas- signedreassigned. Nothing in this paragraph shall limit the right of the appointing authority, or its designee, to take disciplinary action during the pendency of criminal proceedings. 3. Where the appointing authority, or its designee, elects to temporarily reassign an employee employ- ee pursuant to this Article, the employee shall be notified in writing of the location, the effective effec- tive date and nature of such temporary reassignment and that the employee may elect in writing writ- ing to refuse such temporary reas- signment reassignment and may be suspended without pay. The employee’s election must be made in writing before commencement of the temporary reassignment. An election by the employee to refuse such temporary reassignment is final and may not thereafter be withdrawn. No election by the employee is permitted once the employee commences the temporary reassignment. 4. The State may rescind a notice of discipline and issue a revised notice of discipline no later than 20 working days prior to the commencement of a disciplinary arbitration. Such action shall not affect a sus- pension suspension without pay or a temporary reassignment. 5. The fact that the appointing authority, or its designee, has temporarily reassigned an employee rather than suspending the employee without pay shall not be considered by the disciplinary dis- ciplinary arbitrator for any purpose. b. During the period of any suspension without pay pursuant to this Article, the State shall continue the employee’s and eligible dependents’ health insurance coverage which is otherwise available to unit em- ployeesemployees, and the State shall pay the employer’s share of any premiums to maintain such coverage. Any such suspended employee shall be responsible for paying the employee’s share of premium for such health insurance coverage. The State shall not be liable for payment of the employer’s share of the health insurance premium for any period of time during dur- ing which the suspended employee fails to pay the em- ployeeemployee’s share of the health insurance premiumpre- mium. Also, an employee suspended pursuant to the provisions of this Article shall be counted for the purpose of calculating the amount of any periodic deposit to the UUP Benefit Trust Fund. c. Where an employee has been suspended without pay pursuant to this Article, an employee’s ab- sence(sabsence(s) shall, upon the employee’s written request, be charged against vacation leave, holiday leave, or FLSA compensatory leave provided sufficient accruals exist in such leave categories. d. Suspension without pay or temporary reassignment: 1. Where an employee has been suspended without pay or temporarily reassigned pursuant to this Arti- cleArticle, the employee may, in writing, waive the meeting with the Chancellor, or designee, at the time of filing a disciplinary grievance. In the event of such waiver, the employee shall file the disciplinary grievance form, within the prescribed time limits for filing a grievance with the Chancellor, or designee, directly with the Director of the Governor’s Office of Employee Relations, or designee, in accordance with the provi- sions provisions of Section 19.4(d). 2. Where an employee has been suspended without pay pursuant to this Article, the employee employ- ee may file the disciplinary grievance form, within the prescribed time limits for filing a grievance griev- ance with the Chancellor, or designee, directly with the Director of the Governor’s Office of Employee Relations, or designee, in ac- cordance accordance with the provisions of Section 19.4(d) and concurrently con- currently file a copy of such grievance with the Chancellor, or designee, in accordance with the provisions of Section 19.4(c). e. Where a disciplinary arbitration proceeding does not commence within 60 calendar days of an appeal made pursuant to Section 19.4(d) or Section 19.7(d) due solely to the unavailability of the State, an em- ployee employee suspended without pay shall be returned to the payroll, or temporarily temporari- ly reassigned, until such time that the disciplinary arbitrator renders a decision in the matter, or the matter is otherwise resolved.

Suspension Before Notice of Discipline. a. (a) Prior to issuing a notice of discipline or the completion exhaustion of the disciplinary grievance procedure pro- vided provided for in this Article, an employee may be suspended, suspended without pay, pay by the his appointing authority only pursuant to paragraphs (1) or (2) of this Section. As an alternative to such suspension, the employee may be temporarily reassignedbelow. (1. ) The appointing authority, authority or its designee, his designee may suspend without pay or temporarily reassign an em- ployee employee when the appointing authority, authority or its designee, his designee determines that there is probable cause that such employee’s 's continued presence on the job represents a potential danger to persons or property or would severely interfere with its operations. Such determination shall be reviewable by the a disciplinary arbitra- torarbitrator. A notice of discipline shall be served no later than 10 seven days following any such suspension suspension. At the time of suspension, the appointing authority or tempo- rary reassignmenthis designee shall set forth in writing to the employee the specific reasons for the suspension. (2. ) The appointing authority, authority or its designee, his designee may with agency approval suspend without pay or temporarily reassign an em- ployee employee charged with the commission of a crime. Such employee shall notify the his appointing authority in writing of the disposition of any criminal charge including a certified copy of such disposition within five seven days thereof. Within 30 calendar days following such suspension under this paragraphprovision, or within five seven days from receipt by the appointing authority of notice of disposition of the charge from the employee, whichever occurs first, a notice of discipline shall be served on such employee or the employee shall be reinstated with back pay if suspended or returned to the employee’s assignment if temporarily reas- signedpay. Nothing in this paragraph shall limit the right of the appointing authority, authority or its designee, his designee to take disciplinary action during the pendency of criminal proceedings. (3. Where ) Upon the appointing authorityratification of this Agreement, or its designee, elects to temporarily reassign in the event that an employee pursuant to this Articleis suspended without pay, the employee shall be notified in writing of will have the locationoption to draw from previously accrued annual leave, the effective date and nature of such temporary reassignment and that the employee may elect in writing personal leave, holiday leave and/or compensatory leave upon written notification to refuse such temporary reas- signment and may be suspended without pay. The employee’s election must be made in writing before commencement of the temporary reassignment. An election by the employee to refuse such temporary reassignment is final and may not thereafter be withdrawn. No election by the employee is permitted once the employee commences the temporary reassignmenthis/her supervisor. (4. The State may rescind a notice of discipline and issue a revised notice of discipline no later than 20 working days prior to the commencement of a disciplinary arbitration. Such action shall not affect a sus- pension without pay or a temporary reassignment. 5. The fact that the appointing authority, or its designee, has temporarily reassigned an employee rather than suspending the employee without pay shall not be considered by the disciplinary arbitrator for any purpose. b. During the period of any suspension without pay pursuant to this Article, the State shall continue the employee’s and eligible dependents’ health insurance coverage which is otherwise available to unit em- ployees, and the State shall pay the employer’s share of any premiums to maintain such coverage. Any such suspended employee shall be responsible for paying the employee’s share of premium for such health insurance coverage. The State shall not be liable for payment of the employer’s share of the health insurance premium for any period of time during which the suspended employee fails to pay the em- ployee’s share of the health insurance premium. Also, an employee suspended pursuant to the provisions of this Article shall be counted for the purpose of calculating the amount of any periodic deposit to the UUP Benefit Trust Fund. c. Where ) When an employee has been suspended without pay pursuant to this Article, an employee’s ab- sence(s) shall, upon the employee’s written request, be charged against vacation leave, holiday leave, or FLSA compensatory leave provided sufficient accruals exist in such leave categories. d. Suspension without pay or temporary reassignment: 1. Where an employee has been suspended without pay or temporarily reassigned pursuant to this Arti- clepay, the agency or department meeting may be waived by the employee may, in writing, waive or by the meeting Union with the Chancellor, or designee, consent of the employee at the time of filing a the disciplinary grievance. In the event of such waiver, the employee or the Union shall file the disciplinary grievance form, form within the prescribed time limits for filing a an agency level grievance directly with PERB. The case shall be given priority in assignment. (5) An employee who is charged with the Chancellorcommission of a crime, or designeesuspended without pay and subsequently not found guilty and against whom no disciplinary action is taken for the incident in question, directly shall be reinstated with the Director of the Governor’s Office of Employee Relations, or designee, in accordance with the provi- sions of Section 19.4(d)full back pay. 2. Where an employee has been suspended (6) During a period of suspension without pay pursuant to this Articlesection, the State shall continue to pay its share of the cost of the employee’s health, dental and vision care coverage under Article 12 which was in effect on the day prior to the suspension provided that the suspended employee may file pay his or her share. (b) A registered or certified letter notifying the disciplinary grievance formPresident of the Union of any suspension under paragraph 8.4(a) above shall be sent within one day, within excluding Saturdays, Sundays and holidays. (c) Back Pay Award‌ Where an employee is awarded back pay, the prescribed time limits for filing a grievance amount to be reimbursed shall not be offset by any wages earned by the employee during the period of his suspension with the Chancellor, or designee, directly with the Director exception of the Governor’s Office unemployment insurance. An award of Employee Relations, or designee, in ac- cordance with the provisions of Section 19.4(d) and concurrently file a copy of such grievance with the Chancellor, or designee, in accordance with the provisions of Section 19.4(c). e. Where a disciplinary arbitration proceeding does not commence within 60 calendar days of an appeal made pursuant to Section 19.4(d) or Section 19.7(d) due solely to the unavailability of the State, an em- ployee suspended without back pay shall be returned deemed to include reimbursement of all other benefits including the payroll, or temporarily reassigned, until such time that the disciplinary arbitrator renders a decision in the matter, or the matter is otherwise resolvedaccrual of leave credits and holiday leave.

Suspension Before Notice of Discipline. a. (a) Prior to issuing a notice of discipline or the completion exhaustion of the disciplinary grievance procedure pro- vided provided for in this Article, an employee may be suspended, suspended without pay, pay by the appointing authority only pursuant to paragraphs (1) or (2) of this Section. As an alternative to such suspension, the employee may be temporarily reassignedbelow. (1. ) The appointing authority, authority or its designee, designee may suspend without pay or temporarily reassign an em- ployee employee when the appointing authority, authority or its designee, designee determines that there is probable cause that such employee’s 's continued presence on the job represents a potential danger to persons or property or would severely interfere with its operations. Such determination shall be reviewable by the a disciplinary arbitra- torarbitrator. A notice of discipline shall be served no later than 10 seven days following any such suspension suspension. At the time of suspension, the appointing authority or tempo- rary reassignmentdesignee shall set forth in writing to the employee the specific reasons for the suspension. (2. ) The appointing authority, authority or its designee, designee may with agency approval suspend without pay or temporarily reassign an em- ployee employee charged with the commission of a crime. Such employee shall notify the appointing authority in writing of the disposition of any criminal charge including a certified copy of such disposition within five seven days thereof. Within 30 calendar days following such suspension under this paragraphprovision, or within five seven days from receipt by the appointing authority of notice of disposition of the charge from the employee, whichever occurs first, a notice of discipline shall be served on such employee or the employee shall be reinstated with back pay if suspended or returned to the employee’s assignment if temporarily reas- signedpay. Nothing in this paragraph shall limit the right of the appointing authority, authority or its designee, designee to take disciplinary action during the pendency of criminal proceedings. (3. Where ) In the appointing authority, or its designee, elects to temporarily reassign event that an employee pursuant to this Articleis suspended without pay, the employee shall be notified in writing of will have the locationoption to draw from previously accrued annual leave, the effective date and nature of such temporary reassignment and that the employee may elect in writing personal leave, holiday leave and/or compensatory leave upon written notification to refuse such temporary reas- signment and may be suspended without pay. The employee’s election must be made in writing before commencement of the temporary reassignment. An election by the employee to refuse such temporary reassignment is final and may not thereafter be withdrawn. No election by the employee is permitted once the employee commences the temporary reassignment. 4. The State may rescind a notice of discipline and issue a revised notice of discipline no later than 20 working days prior to the commencement of a disciplinary arbitration. Such action shall not affect a sus- pension without pay or a temporary reassignment. 5. The fact that the appointing authority, or its designee, has temporarily reassigned an employee rather than suspending the employee without pay shall not be considered by the disciplinary arbitrator for any purpose. b. During the period of any suspension without pay pursuant to this Article, the State shall continue the employee’s and eligible dependents’ health insurance coverage which is otherwise available to unit em- ployees, and the State shall pay the employer’s share of any premiums to maintain such coverage. Any such suspended employee shall be responsible for paying the employee’s share of premium for such health insurance coverage. The State shall not be liable for payment of the employer’s share of the health insurance premium for any period of time during which the suspended employee fails to pay the em- ployee’s share of the health insurance premium. Also, an employee suspended pursuant to the provisions of this Article shall be counted for the purpose of calculating the amount of any periodic deposit to the UUP Benefit Trust Fundsupervisor. c. Where (4) When an employee has been suspended without pay pursuant to this Article, an employee’s ab- sence(s) shall, upon the employee’s written request, be charged against vacation leave, holiday leave, or FLSA compensatory leave provided sufficient accruals exist in such leave categories. d. Suspension without pay or temporary reassignment: 1. Where an employee has been suspended without pay or temporarily reassigned pursuant to this Arti- clepay, the agency or department meeting may be waived by the employee may, in writing, waive or by the meeting PBA with the Chancellor, or designee, consent of the employee at the time of filing a the disciplinary grievance. In the event of such waiver, the employee or the PBA shall file the disciplinary grievance form, form within the prescribed time limits for filing a an agency level grievance directly with PERB. The case shall be given priority in assignment. (5) An employee who is charged with the Chancellorcommission of a crime, or designeesuspended without pay and subsequently found not guilty and against whom no disciplinary action is taken for the incident in question, directly shall be reinstated with the Director of the Governor’s Office of Employee Relations, or designee, in accordance with the provi- sions of Section 19.4(d)full back pay. 2. Where an employee has been suspended (6) During a period of suspension without pay pursuant to this Articlesection, the State shall continue to pay its share of the cost of the employee’s health, dental and vision care coverage under Article 12 which was in effect on the day prior to the suspension provided that the suspended employee may file pays their share. (b) A registered or certified letter notifying the disciplinary grievance formPresident of the PBA of any suspension under paragraph 8.4(a) above shall be sent within one day, within excluding Saturdays, Sundays and holidays. (c) Back Pay Award Where an employee is awarded back pay, the prescribed time limits for filing a grievance amount to be reimbursed shall not be offset by any wages earned by the employee during the period of the suspension with the Chancellor, or designee, directly with the Director exception of the Governor’s Office unemployment insurance. An award of Employee Relations, or designee, in ac- cordance with the provisions of Section 19.4(d) and concurrently file a copy of such grievance with the Chancellor, or designee, in accordance with the provisions of Section 19.4(c). e. Where a disciplinary arbitration proceeding does not commence within 60 calendar days of an appeal made pursuant to Section 19.4(d) or Section 19.7(d) due solely to the unavailability of the State, an em- ployee suspended without back pay shall be returned deemed to include reimbursement of all other benefits including the payroll, or temporarily reassigned, until such time that the disciplinary arbitrator renders a decision in the matter, or the matter is otherwise resolvedaccrual of leave credits and holiday leave.

Suspension Before Notice of Discipline. a. (a) Prior to issuing a notice of discipline or the completion exhaustion of the disciplinary grievance procedure pro- vided provided for in this Article, an employee may be suspended, suspended without pay, pay by the appointing authority only pursuant to paragraphs (1) or (2) of this Section. As an alternative to such suspension, the employee may be temporarily reassignedbelow. (1. ) The appointing authority, authority or its designee, designee may suspend without pay or temporarily reassign an em- ployee employee when the appointing authority, authority or its designee, designee determines that there is probable cause that such employee’s 's continued presence on the job represents a potential danger to persons or property or would severely interfere with its operations. Such determination shall be reviewable by the a disciplinary arbitra- torarbitrator. A notice of discipline shall be served no later than 10 seven days following any such suspension suspension. At the time of suspension, the appointing authority or tempo- rary reassignmentits designee shall set forth in writing to the employee the specific reasons for the suspension. (2. ) The appointing authority, authority or its designee, designee may with agency approval suspend without pay or temporarily reassign an em- ployee employee charged with the commission of a crime. Such employee shall notify the their appointing authority in writing of the disposition of any criminal charge including a certified copy of such disposition within five seven days thereof. Within 30 calendar days following such suspension under this paragraphprovision, or within five seven days from receipt by the appointing authority of notice of disposition of the charge from the employee, whichever occurs first, a notice of discipline shall be served on such employee or the employee shall be reinstated with back pay if suspended or returned to the employee’s assignment if temporarily reas- signedpay. Nothing in this paragraph shall limit the right of the appointing authority, authority or its designee, designee to take disciplinary action during the pendency of criminal proceedings. (3. Where ) Upon the appointing authorityratification of this Agreement, or its designee, elects to temporarily reassign in the event that an employee pursuant to this Articleis suspended without pay, the employee shall be notified in writing of will have the locationoption to draw from previously accrued annual leave, the effective date and nature of such temporary reassignment and that the employee may elect in writing personal leave, holiday leave and/or compensatory leave upon written notification to refuse such temporary reas- signment and may be suspended without pay. The employee’s election must be made in writing before commencement of the temporary reassignment. An election by the employee to refuse such temporary reassignment is final and may not thereafter be withdrawn. No election by the employee is permitted once the employee commences the temporary reassignmenttheir supervisor. (4. The State may rescind a notice of discipline and issue a revised notice of discipline no later than 20 working days prior to the commencement of a disciplinary arbitration. Such action shall not affect a sus- pension without pay or a temporary reassignment. 5. The fact that the appointing authority, or its designee, has temporarily reassigned an employee rather than suspending the employee without pay shall not be considered by the disciplinary arbitrator for any purpose. b. During the period of any suspension without pay pursuant to this Article, the State shall continue the employee’s and eligible dependents’ health insurance coverage which is otherwise available to unit em- ployees, and the State shall pay the employer’s share of any premiums to maintain such coverage. Any such suspended employee shall be responsible for paying the employee’s share of premium for such health insurance coverage. The State shall not be liable for payment of the employer’s share of the health insurance premium for any period of time during which the suspended employee fails to pay the em- ployee’s share of the health insurance premium. Also, an employee suspended pursuant to the provisions of this Article shall be counted for the purpose of calculating the amount of any periodic deposit to the UUP Benefit Trust Fund. c. Where ) When an employee has been suspended without pay pursuant to this Article, an employee’s ab- sence(s) shall, upon the employee’s written request, be charged against vacation leave, holiday leave, or FLSA compensatory leave provided sufficient accruals exist in such leave categories. d. Suspension without pay or temporary reassignment: 1. Where an employee has been suspended without pay or temporarily reassigned pursuant to this Arti- clepay, the agency or department meeting may be waived by the employee may, in writing, waive or by the meeting Union with the Chancellor, or designee, consent of the employee at the time of filing a the disciplinary grievance. In the event of such waiver, the employee or the Union shall file the disciplinary grievance form, form within the prescribed time limits for filing a an agency level grievance directly with PERB. The case shall be given priority in assignment. (5) An employee who is charged with the Chancellorcommission of a crime, or designeesuspended without pay and subsequently not found guilty and against whom no disciplinary action is taken for the incident in question, directly shall be reinstated with the Director of the Governor’s Office of Employee Relations, or designee, in accordance with the provi- sions of Section 19.4(d)full back pay. 2. Where an employee has been suspended (6) During a period of suspension without pay pursuant to this Articlesection, the State shall continue to pay its share of the cost of the employee’s health, dental and vision care coverage under Article 12 which was in effect on the day prior to the suspension provided that the suspended employee may file pay their share. (7) For only those suspensions without pay under Article 8.4(a)(1) that are not cases subject to Article 8.9 or cases under Article 8.4(a)(2) where the disciplinary grievance form, within the prescribed time limits for filing a grievance employee is charged with the Chancellorcommission of a crime, the review process established by the Suspension Review side letter on page 174 may be invoked by the Union. (b) A registered or designee, directly with certified letter notifying the Director President of the Governor’s Office Union of Employee Relationsany suspension under paragraph 8.4(a) above shall be sent within one day, or designeeexcluding Saturdays, in ac- cordance with the provisions of Section 19.4(d) Sundays and concurrently file a copy of such grievance with the Chancellor, or designee, in accordance with the provisions of Section 19.4(c)holidays. e. (c) Back Pay Award Where a disciplinary arbitration proceeding does not commence within 60 calendar days an employee is awarded back pay, the amount to be reimbursed will be offset by unemployment insurance collected by the employee during the period that the back pay award covers. An award of an appeal made pursuant to Section 19.4(d) or Section 19.7(d) due solely to the unavailability of the State, an em- ployee suspended without back pay shall be returned deemed to include reimbursement of all other benefits including the payroll, or temporarily reassigned, until such time that the disciplinary arbitrator renders a decision in the matter, or the matter is otherwise resolvedaccrual of leave credits and holiday leave.

Suspension Before Notice of Discipline. a. Prior to issuing a notice of discipline or the completion of the disciplinary grievance procedure pro- vided for in this Article, an employee may be suspended, without pay, by the appointing authority only pursuant to paragraphs (1) or (2) of this Section. As an alternative to such suspension, the employee may be temporarily reassigned. 1. The appointing authority, or its designee, may suspend without pay or temporarily reassign an em- ployee when the appointing authority, or its designee, determines that there is probable cause that such employee’s continued presence on the job represents a potential danger to persons or property or would severely interfere with its operations. Such determination shall be reviewable by the disciplinary arbitra- tor. A notice of discipline shall be served no later than 10 days following any such suspension or tempo- rary reassignment. 2. The appointing authority, or its designee, may suspend without pay or temporarily reassign an em- ployee charged with the commission of a crime. Such employee shall notify the appointing authority in writing of the disposition of any criminal charge including a certified certified copy of such disposition within five five days thereof. Within 30 calendar days following such suspension under this paragraph, or within five five days from receipt by the appointing authority of notice of disposition of the charge from the employee, whichever occurs firstfirst, a notice of discipline shall be served on such employee or the employee shall be reinstated with back pay if suspended or returned to the employee’s assignment if temporarily reas- signed. Nothing in this paragraph shall limit the right of the appointing authority, or its designee, to take disciplinary action during the pendency of criminal proceedings. 3. Where the appointing authority, or its designee, elects to temporarily reassign an employee pursuant to this Article, the employee shall be notified notified in writing of the location, the effective effective date and nature of such temporary reassignment and that the employee may elect in writing to refuse such temporary reas- signment and may be suspended without pay. The employee’s election must be made in writing before commencement of the temporary reassignment. An election by the employee to refuse such temporary reassignment is final final and may not thereafter thereafer be withdrawn. No election by the employee is permitted once the employee commences the temporary reassignment. 4. The State may rescind a notice of discipline and issue a revised notice of discipline no later than 20 working days prior to the commencement of a disciplinary arbitration. Such action shall not affect affect a sus- pension without pay or a temporary reassignment. 5. The fact that the appointing authority, or its designee, has temporarily reassigned an employee rather than suspending the employee without pay shall not be considered by the disciplinary arbitrator for any purpose. b. During the period of any suspension without pay pursuant to this Article, the State shall continue the employee’s and eligible dependents’ health insurance coverage which is otherwise available to unit em- ployees, and the State shall pay the employer’s share of any premiums to maintain such coverage. Any such suspended employee shall be responsible for paying the employee’s share of premium for such health insurance coverage. The State shall not be liable for payment of the employer’s share of the health insurance premium for any period of time during which the suspended employee fails to pay the em- ployee’s share of the health insurance premium. Also, an employee suspended pursuant to the provisions of this Article shall be counted for the purpose of calculating the amount of any periodic deposit to the UUP Benefit Benefit Trust Fundund. c. Where an employee has been suspended without pay pursuant to this Article, an employee’s ab- sence(s) shall, upon the employee’s written request, be charged against vacation leave, holiday leave, or FLSA LSA compensatory leave provided sufficient sufficient accruals exist in such leave categories. d. Suspension without pay or temporary reassignment: 1. Where an employee has been suspended without pay or temporarily reassigned pursuant to this Arti- cle, the employee may, in writing, waive the meeting with the Chancellor, or designee, at the time of filing filing a disciplinary grievance. In the event of such waiver, the employee shall file file the disciplinary grievance form, within the prescribed time limits for filing filing a grievance with the Chancellor, or designee, directly with the Director of the Governor’s Office Office of Employee Relations, or designee, in accordance with the provi- sions of Section 19.4(d). 2. Where an employee has been suspended without pay pursuant to this Article, the employee may file file the disciplinary grievance form, within the prescribed time limits for filing filing a grievance with the Chancellor, or designee, directly with the Director of the Governor’s Office Office of Employee Relations, or designee, in ac- cordance with the provisions of Section 19.4(d) and concurrently file file a copy of such grievance with the Chancellor, or designee, in accordance with the provisions of Section 19.4(c). e. Where a disciplinary arbitration proceeding does not commence within 60 calendar days of an appeal made pursuant to Section 19.4(d) or Section 19.7(d) due solely to the unavailability of the State, an em- ployee suspended without pay shall be returned to the payroll, or temporarily reassigned, until such time that the disciplinary arbitrator renders a decision in the matter, or the matter is otherwise resolved.