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For the purposes of the Time and Attendance Schedule only, “prior
record” shall mean any notice of discipline based solely on time and
attendance where either guilt was found or a settlement occurred or a
combination of both occurred. However, for all notices of discipline based
solely upon time and attendance issued on or after July 1, 1992, the “prior
record” shall not include any notices of discipline based solely upon time
and attendance that are three or more years old if the employee has not been
served a notice of discipline based solely upon time and attendance within
the three years from the date of the resolution of the last notice of discipline
based solely upon time and attendance.
Notices of discipline based solely on tardiness shall proceed on the
tardiness schedule only and shall not be considered as a prior record for
any other offense.
The penalty level for notices of discipline which contain charges of
both tardiness and unauthorized absence shall be the appropriate level
within the type of unauthorized absence charge.
(h) As used in this Article, “time and attendance disciplinary
grievances” shall mean those disciplinary grievances based upon notices of
discipline which specify tardiness, or unauthorized absence, including
improper use of sick leave, and do not contain any other allegations of
misconduct or incompetence.
§33.6 Administration
The State and CSEA may jointly administer the arbitration procedure
and panels for the purpose of this Article. The State shall seek an
appropriation in the amount indicated in each year of the 2016-2021
Agreement: $404,320 in 2016-2017, $412,406 in 2017-2018, $420,654 in
2018-2019, $429,067 in 2019-2020 $437,649 in 2020-2021 to be used for
the self-administration of the panels and procedure, the time and attendance
procedure, research for and training of the panels in the area of patient
abuse, and publication of arbitration decisions. The unexpended portion of
each year's appropriation shall be carried over into the succeeding year and
added to the appropriation for the succeeding year.
§33.7 Application
Changes in shift, pass day, job assignment, transfer or reassignment to
another institution, station or work location shall not be made for the
purpose of imposing discipline.
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