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or certified mail, the date of the receipt shall be that date appearing on the
return receipt; provided, however, that the time limits for the submission of
a grievance or the filing of an appeal or demand for arbitration or issuance
of a step response shall be determined from the date of personal service or
date of mailing by certified or registered mail, return receipt requested.
(j) Working days shall mean Monday through Friday, excluding holidays,
unless otherwise specified, and days shall mean calendar days.**
(k) The State shall prepare, secure introduction and recommend passage
by the Legislature of such legislation as may be appropriate and necessary
to establish a special appropriation fund to be administered by the Office of
the State Comptroller to provide for prompt payment of settlements reached
or arbitration awards issued pursuant to this Article.
(l) In the event that CSEA alleges that the favorable resolution of a
grievance has not been implemented in a reasonable period of time or that
the State has reneged on the terms of the resolution, CSEA may resort to
the procedure contained in Article 34.1(b) which shall, for purposes of this
subsection, begin at Step 2.
(m) A claimed failure to follow the procedural provisions of Article 33 -
DISCIPLINE - shall be reviewable in accordance with the provisions
contained in that Article.
Article 35
Resignation
§35.1 An employee who is advised that he or she is alleged to have been
guilty of misconduct or incompetency and who is therefore requested to
resign shall be given a statement written on the resignation form that:
(a) he or she has a right to consult a representative of CSEA or private
counsel selected at his or her own expense or the right to decline such
representation before executing the resignation, and a reasonable period of
time to obtain such representation, if requested, will be afforded for such
purpose;
**In the case of a department or agency which normally operates on a
seven (7) day a week basis, reference to ten (10) working days shall mean
fourteen (14) calendar days and reference to five (5) working days shall
mean seven (7) calendar days, and reference to two (2) working days shall
mean four (4) calendar days.
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