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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
employee is found innocent of all allegations contained in the notice of

discipline. The use of such credits shall be at the option of the employee.
Such use of leave credits during suspension will not be available if the

employee is offered a reassignment and declines.
(5) When an employee is suspended without pay or temporarily

reassigned pursuant to this section, the disciplinary arbitrator shall, upon
the request of the employee at the close of the State’s case, issue an interim

decision and award with respect to the issue of whether there was probable
cause for the suspension without pay or the temporary reassignment.

Should the arbitrator find in the interim decision that probable cause did
exist, the arbitrator is not precluded from reconsidering the issue of

probable cause after the hearing is closed.
(6) In those cases which involve a suspension without pay pursuant to

this section, when the disciplinary arbitrator finds the employee innocent
of all allegations contained in the notice of discipline and also finds

probable cause for such suspension, he or she shall reinstate the employee

with back pay for all of the period of the suspension without pay.
(7) In the event an employee is found innocent of all allegations
contained in the notice of discipline as a result of a disciplinary proceeding,

he or she must be reinstated to the exact shift, work location and pass days

that the employee possessed prior to the institution of the disciplinary
charges against said employee and prior to any temporary reassignment
imposed pursuant to this Article. In all instances where a disciplinary

arbitrator reinstates an employee who is found innocent of all allegations

contained in the notice of discipline, and the appointing authority later
seeks to change the shift, work location or pass days of said employee, the

appointing authority must notify the employee in writing of the reason

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