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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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