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imposed only for incompetency or misconduct. The specific acts for which

discipline is being imposed and the penalty proposed shall be specified in

the notice. The notice of discipline shall contain a detailed description of
the alleged acts and conduct including reference to dates, times and places.

(2) If the arbitrator appointed pursuant to this Article finds, upon motion
before the commencement of the arbitration, that the notice does not

sufficiently apprise the employee of the acts or conduct for which
discipline is being imposed, he or she may require that, where the employer

has either refused to provide such specificity where the information sought
was available or the charges are so vague and indefinite that the employee

cannot reasonably respond, the State provide more specificity within thirty
(30) days of the ruling. The arbitrator shall proceed immediately with the

arbitration hearing on those charges in the notice of discipline where no
specificity is required. If the State does not provide such specificity as

required by the arbitrator within thirty (30) days, the arbitrator shall dismiss
those non-specific charges only, with prejudice, and resolve the remaining

charges, if any, contained in the notice. In order for such a motion to be
made at the hearing, the employee or his or her representative must have

made a request of the employer before the hearing to provide such
specificity of the notice and the employer must have failed to do so.

(3) Two copies of the notice shall be served on the employee. Service
of the notice of discipline shall be made by personal service, if possible. If

service cannot be effectuated by personal service, it shall be made by
registered or certified mail, return receipt requested.

(4) The Arbitration Administrator of CSEA and the CSEA Local
President shall be immediately advised by email, where available, and by

regular first-class mail, of the name and work site of an employee on whom
a notice of discipline has been served.

(5) The notice of discipline served on the employee shall be

accompanied by a written statement that:
• the employee has a right to object by filing a grievance within

twenty-one (21) days;
• the grievance procedure provides for a hearing by an independent

arbitrator as its final step;

• he or she is entitled to representation by CSEA at every step of the
proceeding, or by private counsel selected at his or her own expense;

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