Page 100 - 2016-2021-ASU

without pay is final and may not thereafter be withdrawn.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

an employee seeking the employee’s termination and: a) the employee has
elected to proceed under this section; b) where the arbitrator in the

Expedited Resolution process has remanded the matter to this section
because the matter cannot be heard within one (1) day; or c) where the

employee has elected to be represented by private legal counsel. This
Section shall not apply to Section 33.5 - Time and Attendance Disciplinary

Grievances.
(2) In matters under this Section, the fact that the employee’s grievance

was initially discussed in the Expedited Resolution meeting shall not

preclude the employee from electing to proceed to arbitration pursuant to
this section.
(b) Disciplinary Arbitrators

(1) The State and CSEA jointly agree to the creation of a permanent

panel of arbitrators to serve during the term of this Agreement and to be
jointly selected and administered by the State of New York and CSEA by

an agreed Panel Administrator. The composition of the panel of arbitrators
may be changed by mutual agreement of the State and CSEA. In those

cases involving an allegation of patient, client, resident or similar abuse,
the Panel Administrator of the panel of disciplinary arbitrators must

appoint the disciplinary arbitrator from a select panel of arbitrators jointly

99