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employee is found innocent of all allegations contained in the notice of

discipline. The use of such credits shall be at the option of the employee.

Such use of leave credits during suspension will not be available if the
employee is offered a reassignment and declines.

(5) When an employee is suspended without pay or temporarily
reassigned pursuant to this section, the disciplinary arbitrator shall, upon

the request of the employee at the close of the State’s case, issue an interim
decision and award with respect to the issue of whether there was probable

cause for the suspension without pay or the temporary reassignment.
Should the arbitrator find in the interim decision that probable cause did

exist, the arbitrator is not precluded from reconsidering the issue of
probable cause after the hearing is closed.

(6) In those cases which involve a suspension without pay pursuant to
this section, when the disciplinary arbitrator finds the employee innocent

of all allegations contained in the notice of discipline and also finds
probable cause for such suspension, he or she shall reinstate the employee

with back pay for all of the period of the suspension without pay.
(7) In the event an employee is found innocent of all allegations

contained in the notice of discipline as a result of a disciplinary proceeding,
he or she must be reinstated to the exact shift, work location and pass days

that the employee possessed prior to the institution of the disciplinary
charges against said employee and prior to any temporary reassignment

imposed pursuant to this Article. In all instances where a disciplinary
arbitrator reinstates an employee who is found innocent of all allegations

contained in the notice of discipline, and the appointing authority later

seeks to change the shift, work location or pass days of said employee, the
appointing authority must notify the employee in writing of the reason
therefore without prejudice. Such action by the appointing authority shall

be grievable under the Article 34 contract grievance procedure, and all such

grievances shall be commenced at Step 3 of said contractual grievance
procedure.
(8) During a period of suspension without pay pursuant to the

provisions of Article 33.3(h)(1) or 33.3(c)(2), the State shall continue to

pay its share of the cost of the employee’s health coverage under Article 9
which was in effect on the day prior to the suspension provided that the

suspended employee pays his or her share. Also, any employee suspended

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