Page 97 - 2016-2021-ISU
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following a suspension, a notice of discipline shall be  served on such

         employee or such employee shall be reinstated with back pay.  Where the

         employee, who is charged with the commission of a crime, is temporarily
         reassigned, the notice of discipline shall be served on such employee within

         fourteen (14) days after the disposition of the criminal charges as provided
         in the Criminal Procedure Law of the State of New York or the employee

         shall be returned to his or her regular assignment.  Nothing in  this
         paragraph shall limit the right of the appointing authority or his or her

         designee from taking disciplinary action while criminal proceedings are
         pending.  Nothing in this paragraph shall preclude the application of the

         provisions in Article 33.3(j) sections 9 thru 11.
               (d) Penalty

              (1) The penalty proposed by the appointing authority or the appointing
         authority’s designee may not be implemented until (a) the employee fails

         to file a grievance within twenty-one (21) calendar days of the service of
         the notice of discipline, or (b) having filed a grievance, the employee elects

         not to pursue it, or (c) the penalty is upheld by the disciplinary arbitrator or
         a different penalty is determined by the arbitrator to be appropriate, or (d)

         the matter is settled.
              (2) At any  time  during  the disciplinary procedure  after a  timely

         grievance has been filed, the  employee may  elect in writing to the
         appointing authority or his or her designee, the agency or department head

         or his or her designee, or the Panel Administrator that he or she elects not
         to pursue the grievance.   In such event, the proposed penalty may be

         implemented.
               (e) Grievance

              (1) If not settled or otherwise resolved, the notice of discipline may be
         the subject of a grievance before the department or agency head and shall

         be filed either in person or by email where available and by first-class mail,

         by the employee or CSEA within twenty-one (21) calendar days of service
         of the notice of discipline.
              (2) The timely filing of such a grievance shall constitute a demand for

         arbitration unless the grievance is settled or the employee elects not to

         pursue it.
              (3) The filing of such a grievance shall be complete on (a) the date on

         which it is personally delivered or emailed or, (b) the date of mailing by


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