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designee from taking disciplinary action while criminal proceedings are

pending. Nothing in this paragraph shall preclude the application of the

provisions in Article 33.3(j) sections 9 thru 11.
(d) Penalty

(1) The penalty proposed by the appointing authority or the appointing
authority’s designee may not be implemented until (a) the employee fails

to file a grievance within twenty-one (21) calendar days of the service of
the notice of discipline, or (b) having filed a grievance, the employee elects

not to pursue it, or (c) the penalty is upheld by the disciplinary arbitrator or
a different penalty is determined by the arbitrator to be appropriate, or (d)

the matter is settled.
(2) At any time during the disciplinary procedure after a timely

grievance has been filed, the employee may elect in writing to the
appointing authority or his or her designee, the agency or department head

or his or her designee, or the Panel Administrator that he or she elects not
to pursue the grievance. In such event, the proposed penalty may be

implemented.
(e) Grievance

(1) If not settled or otherwise resolved, the notice of discipline may be
the subject of a grievance before the department or agency head and shall

be filed either in person or by email where available and by first-class mail,
by the employee or CSEA within twenty-one (21) calendar days of service

of the notice of discipline.
(2) The timely filing of such a grievance shall constitute a demand for

arbitration unless the grievance is settled or the employee elects not to

pursue it.
(3) The filing of such a grievance shall be complete on (a) the date on
which it is personally delivered or emailed or, (b) the date of mailing by

first-class mail. The date of first-class mailing shall be the date the stamp

is cancelled on the mailing envelope. No other documentation or evidence
of the date of such mailing will be acceptable.
(f) Expedited Resolution

(1) If a notice of discipline has been grieved by the employee or CSEA

pursuant to Section 33.3(e), the employee must utilize the Expedited
Resolution procedure in this section unless the employee has elected to be

represented by private counsel. An employee represented by private

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