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notice prior to the effective date of the change.

(c) In the event that the State provides notice of a change to the normal

workday or workweek of non-shift employees, individual employees shall
have the opportunity to express claim of hardship in writing to the

appropriate agency official. Such claim of hardship will be considered by
the agency official and shall be responded to in writing with a copy to CSEA

prior to the date of the planned change. An employee may be exempted
from the shift change at the discretion of the appropriate agency official.

However, such exemptions shall not violate the seniority rights provided to
another employee by any terms of this Agreement. The decision of the

appropriate agency official shall not be grievable.
§32.3 There shall be no rescheduling of days off or tours of duty to avoid

the payment of overtime compensation except in a specific case, upon one
week’s notice, and when necessary to provide for the continuation of State

services.
§32.4 The lunch period of State employees shall not be extended for the

purpose of increasing the working time of such employees.
§32.5 (a) Breaks in work hours of more than one hour shall not be

scheduled in the basic workday of any employee whose position is allocated
to SG-22 or below without the consent of the employee affected.

(b) Rest periods shall continue to be administered in accordance with Civil
Service Attendance Rule 20.1 as interpreted by the Civil Service Attendance

and Leave Manual Section 20.1 dated July 1992.
§32.6 A shift employee who is granted leave for jury duty shall have

his/her shift changed, to the extent practicable, to the normal day shift for

the duration of jury duty. Such shift change shall not occur more frequently
than once every two years.

Article 33

Discipline
§33.1 (a) Eligibility

The following disciplinary procedure for incompetency or misconduct
shall apply to all employees as provided herein in lieu of the procedure

specified in the Civil Service Law Sections 75 and 76. This entire
disciplinary procedure shall apply to all persons currently subject to

Sections 75 and 76 of the Civil Service Law and, in addition, shall apply to

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