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§38.5  The State shall prepare,  secure  introduction and recommend

         passage of legislation for appropriations in the amount indicated in each

         year of the 2016-2021 Agreement: $2,740,039 in 2016-2017, $2,794,840
         in 2017-2018, $2,850,737 in 2018-2019, $2,907,752 in 2019-2020, and

         $2,965,907 in 2020-2021 to fund the activities of Section 38.2 and Section
         38.4.

            §38.6 A joint labor/management advisory board, which recognizes the
         need for combined representation of all employee negotiating units and the

         State, will monitor and evaluate the WorkLife Services Programs.


         Article 39
         Benefits Guaranteed

            With respect to matters not covered by this Agreement, the State will not
         seek to diminish or impair during the term of this Agreement any benefit

         or privilege provided by law, rule or regulation for employees without prior
         notice to CSEA; and, when appropriate, without negotiations with CSEA;

         provided, however, that this Agreement shall be  construed consistently
         with the free exercise of rights reserved to the State by the Management

         Rights Article of this Agreement.


         Article 40
         Performance Evaluation

            §40.1  (a) An employee shall have a performance evaluation  done
         annually.

            (b)  An  employee shall have the right to  appeal an “Unsatisfactory”

         performance rating, within 15 calendar days of receipt of the rating, to the
         Agency Level Appeals Board on forms provided by the State. A hearing
         on such appeal shall be conducted within 60 days of receipt of the appeal.

            (c) An employee shall have the right to appeal an Agency Level Appeals

         Board decision, within 15 calendar days of receipt of the decision, to the
         Statewide Performance Rating Committee on forms provided by the State.

         The Statewide Performance Rating Committee shall make every effort to
         conduct a hearing on such appeal within 90 days of receipt of the appeal.

            (d) Appellants shall have the right to CSEA-designated representation
         throughout the appeals process.

            §40.2 A Statewide Performance Rating Committee will continue


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