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meeting, or 15 days prior to the disciplinary arbitration hearing

provided for in Section 33.4, or a withdrawal of the notice of

discipline and an arbitrator has been appointed pursuant to Section
33.4(b)(1) - Disciplinary Arbitrators, any hearing on the amended

or reinstituted charges shall be held before the arbitrator initially
appointed unless that arbitrator is not available within a reasonable

time and the parties jointly agree to the selection of a new arbitrator
pursuant to Section 33.4(b)(1) - Disciplinary Arbitrators.

(h) Suspension Without Pay or Temporary Reassignment
(1) Prior to exhaustion or institution by an employee of the grievance

procedure applicable to discipline, an employee may be suspended without
pay or temporarily reassigned only if the appointing authority determines

that there is probable cause to believe that the employee’s continued
presence on the job represents a potential danger to persons or property or

would severely interfere with operations. Such determination shall be
reviewable by the arbitrator in accordance with this section to determine

whether the appointing authority had probable cause. The Arbitration
Administrator of CSEA and the CSEA Local President shall be notified in

writing by email and first-class mail, within four (4) calendar days of any
such suspension.

(2) Where the employee has been suspended without pay or
temporarily reassigned, the Panel Administrator shall give the case priority

in assignment and shall forthwith set the matter down for hearing.
(3) In the event of a failure to serve a notice of discipline within the

time established in Section 33.3 (c) – Service of Notice of Discipline, the

employee shall be deemed to have been suspended without pay as of the
date of service of the notice of discipline or, in the event of a temporary
reassignment, may return to his or her actual assignment until such notice

is served. In the event of failure to notify the Arbitration Administrator of

CSEA of the suspension within four (4) calendar days, the employee shall
be deemed to have been suspended without pay as of the date the notice is
sent to the Arbitration Administrator of CSEA.

(4) In the case of any suspension without pay, the employee may be

allowed to draw from accrued annual or personal leave credits, holiday
leave or compensatory leave which shall be reinstated in the event that, in

accordance with this Article, the suspension is deemed improper or the

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