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in accordance with paragraph (a) above.

(f) An employee is entitled to appear at the review before a permanent

umpire and is entitled to have a CSEA representative or an attorney
provided at his or her own expense present. Matters scheduled to be heard

by the permanent umpire may not be adjourned except at the discretion of
the permanent umpire for good cause shown. Any matters which are

adjourned shall be rescheduled for the next regularly scheduled appearance
of the permanent umpire.

(g) Where an employee is to be served a notice of discipline related
solely to time and attendance and, within three years of such notice, has

been found guilty of or settled (or a combination of both) two prior notices
of discipline not solely related to time and attendance, the appointing

authority may elect either to pursue such time and attendance notice before
the permanent umpire in accordance with the attached Schedule or to

service a notice of discipline and proceed before a disciplinary arbitrator.
This paragraph shall not apply to notices of discipline based solely on

tardiness.
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

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