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pursuant to the provisions of Article 33.3(h)(1) or 33.3(c)(2) shall be

counted for the purpose of calculating the amount of any periodic deposit

to the Employee Benefit Fund.
(9) Where the appointing authority informs an employee that he or she

is being temporarily reassigned pursuant to this Article, and prior to
exhaustion or institution of the disciplinary grievance procedure, the

employee shall be notified in writing of the location of such temporary
reassignment and that the employee may elect in writing to refuse such

temporary reassignment and be suspended without pay. Such election must
be made in writing before the commencement of the temporary

reassignment. An election by the employee to be placed on a suspension
without pay is final and may not thereafter be withdrawn. Once the

employee commences the temporary reassignment, no election is
permitted.

(10) Temporary reassignments under this section shall not involve a
change in the employee’s rate of pay. The provisions of Article 24, Out-

of-Title Work, shall not apply to temporary reassignments under this
section.

(11) The fact that the State has temporarily reassigned an employee
rather than suspending him or her without pay or the election by an

employee to be suspended without pay rather than be temporarily
reassigned shall not be considered by the disciplinary arbitrator for any

purpose.
§33.4 Disciplinary Arbitration

(a) Purpose

(1) The purpose of this Section is to provide for final and binding
arbitration in cases where the State has served a notice of discipline upon
an employee seeking the employee’s termination and: a) the employee has

elected to proceed under this section; b) where the arbitrator in the

Expedited Resolution process has remanded the matter to this section
because the matter cannot be heard within one (1) day; or c) where the
employee has elected to be represented by private legal counsel. This

Section shall not apply to Section 33.5 - Time and Attendance Disciplinary

Grievances.
(2) In matters under this Section, the fact that the employee’s grievance

was initially discussed in the Expedited Resolution meeting shall not

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