Page 94 - 2016-2021-OSU
P. 94
• if a grievance is filed, no penalty can be implemented until the
matter is settled or the arbitrator renders a determination;
• a copy of this Article shall be supplied.
(6) In the case of an employee who speaks only Spanish, this written
statement shall also be given in a Spanish translation.
(7) If an employee is not able to personally sign and file a disciplinary
grievance, CSEA may, at the employee’s request, submit such grievance
on the employee’s behalf. Provided, however, that within twenty-one (21)
days of submission, the employee in question must appear to sign the
grievance form or CSEA must produce documentation supporting any
reason as to why the employee could not appear. Should neither of these
actions occur, the grievance shall be deemed void after twenty-one (21)
days.
(b) Statute of Limitations
(1) An employee shall not be disciplined for acts, except those which
would constitute a crime, which occurred more than one (1) year prior to
the notice of discipline.
(2) In those cases where such acts are alleged to constitute a crime, a
notice of discipline must be served no later than the period set forth for the
commencement of a criminal proceeding against a public employee in the
Criminal Procedure Law of the State of New York.
(c) Service of Notice of Discipline
(1) A notice of discipline shall be served in accordance with this
section no later than fourteen (14) days following any suspension without
pay or temporary reassignment.
(2) The appointing authority or his or her designee, at his or her
discretion, may suspend without pay or temporarily reassign an employee
charged with the commission of a crime. Within thirty (30) calendar days
following a suspension, a notice of discipline shall be served on such
employee or such employee shall be reinstated with back pay. Where the
employee, who is charged with the commission of a crime, is temporarily
reassigned, the notice of discipline shall be served on such employee within
fourteen (14) days after the disposition of the criminal charges as provided
in the Criminal Procedure Law of the State of New York or the employee
shall be returned to his or her regular assignment. Nothing in this
paragraph shall limit the right of the appointing authority or his or her
93