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therefore without prejudice. Such action by the appointing authority shall

be grievable under the Article 34 contract grievance procedure, and all such

grievances shall be commenced at Step 3 of said contractual grievance
procedure.

(8) During a period of suspension without pay pursuant to the
provisions of Article 33.3(h)(1) or 33.3(c)(2), the State shall continue to

pay its share of the cost of the employee’s health coverage under Article 9
which was in effect on the day prior to the suspension provided that the

suspended employee pays his or her share. Also, any employee suspended
pursuant to the provisions of Article 33.3(h)(1) or 33.3(c)(2) shall be

counted for the purpose of calculating the amount of any periodic deposit
to the Employee Benefit Fund.

(9) Where the appointing authority informs an employee that he or she
is being temporarily reassigned pursuant to this Article, and prior to

exhaustion or institution of the disciplinary grievance procedure, the
employee shall be notified in writing of the location of such temporary

reassignment and that the employee may elect in writing to refuse such
temporary reassignment and be suspended without pay. Such election must

be made in writing before the commencement of the temporary
reassignment. An election by the employee to be placed on a suspension

without pay is final and may not thereafter be withdrawn. Once the
employee commences the temporary reassignment, no election is

permitted.
(10) Temporary reassignments under this section shall not involve a

change in the employee’s rate of pay. The provisions of Article 24, Out-

of-Title Work, shall not apply to temporary reassignments under this
section.
(11) The fact that the State has temporarily reassigned an employee

rather than suspending him or her without pay or the election by an

employee to be suspended without pay rather than be temporarily
reassigned shall not be considered by the disciplinary arbitrator for any
purpose.

§33.4 Disciplinary Arbitration

(a) Purpose
(1) The purpose of this Section is to provide for final and binding

arbitration in cases where the State has served a notice of discipline upon

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