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(b) he or she may decline the request to resign and that in lieu thereof, a

notice of discipline must be served upon him or her before any disciplinary

action or penalty may be imposed pursuant to the procedure provided in
Article 33 of the Agreements between the State and CSEA;

(c) in the event a notice of discipline is served, he or she has the right to
object to such notice by filing a grievance;

(d) such disciplinary grievance procedure terminates in binding
arbitration;

(e) he or she would have the right to representation by CSEA or by private
counsel selected at his or her own expense at every step of the procedure;

and
(f) he or she has the right to refuse to sign the resignation and his or her

refusal in this regard cannot be used against him or her in any subsequent
proceeding.

§35.2 A resignation which is requested and secured in a manner which
fails to comply with this procedure shall be null and void.

Article 36

Job Abandonment
(a) Any employee absent from work without authorization for 14

consecutive calendar days shall be deemed to have resigned from his or her
position if the employee has not personally contacted his or her facility or

agency personnel office on or before the 15th calendar day following the
commencement of such period of absence without authorization.

(b) Within the first seven days of said absence without authorization, the

appointing authority shall send notification to the employee and the CSEA
Local President by certified mail, return receipt requested, that the
employee’s absence is considered unauthorized and would be deemed to

constitute resignation pursuant to Article 36.

(c)Within 15 calendar days commencing from the 15th consecutive day
of absence from work without authorization, an employee may submit an

explanation concerning his or her absence, to the appointing authority. The
burden of proof shall be upon the employee to establish that it was not

possible for him or her to report to work or notify the appointing authority,
or the appointing authority’s designee, of the reason for his or her absence.

The appointing authority shall issue a short response within 5 calendar days

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