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any permanent non-competitive class employees described in Section

75(1)(c) and to permanent labor class employees who, since last entry into

State service, have completed at least one year continuous service in the
State classified service, except that approved leaves of absence or

reinstatement within one year of resignation shall not constitute an
interruption of such service. The disciplinary procedure provided herein is

not applicable to review the removal of an employee from a probationary
appointment.

§33.1 (b) Definitions
As used in this Article, “days” shall mean calendar days.

“Service” shall be complete upon personal delivery or, if by registered or
certified mail, return receipt requested and concurrent first-class mailing,

it shall be complete 10 business days from mailing if the concurrent first
class mailing is not returned to the appointing authority.

As used in this Article, “appointing authority” shall include the agency
that currently employs an employee of this unit and any agency where such

employee was formerly employed.
§33.2 Employee Rights

(a) Representation
(1) An employee shall be entitled to representation by CSEA at each

step of the disciplinary procedure, or by private counsel selected at his or
her own expense.

(2) CSEA representation may include both a grievance representative
and the CSEA Local President or, where the Local President is absent from

work, his or her designee, and a CSEA staff representative; however, the

absence of the two additional representatives shall not unreasonably delay
an interrogation and/or the request to sign a statement made pursuant to
this section.

(b) Interrogation

(1) The term “interrogation” shall be defined to mean the questioning
of an employee who, at the time of such questioning appears to be a likely

or potential target or subject for disciplinary action.
(2) If an employee is improperly subjected to an interrogation in

violation of the provisions of this subdivision, an arbitrator appointed
pursuant to this Article shall have the authority to exclude information

obtained thereby or other evidence derived solely through such

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