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damage or destruction, incurred in the actual performance of work, where

the employee was not negligent, the employee’s claim shall be expedited

in accordance with procedures established by the Comptroller and
approved by the Division of the Budget. The procedures shall include the

authority to adjust amounts of reimbursement. The maximum claim
reimbursement shall be $350.

(2) Where practicable, upon request of the employee, and subject to
availability of funds, the department or agency may make payment up to

that amount stated in Section 115, Subparagraph 3 of the State Finance
Law out of local funds, pursuant to Comptroller regulations.

§43.2 Grievance alleging violation of this Article shall not be arbitrable,
rather they shall be processed pursuant to Article 34.1(b). Alternative

procedures may be developed, as necessary, by mutual agreement of the
parties.

Article 44

Seniority
§44.1 Seniority as defined in this Article shall be the length of permanent

State service without a break in service of more than one year (unless on
approved leave). Approved leaves of absence (e.g., military leave,

maternity leave, child-rearing leave) shall not constitute an interruption of
service; provided, however, that seniority shall continue to accrue during

time spent on disability leaves only.
§44.2 Assignment of employees to shifts, pass days, work locations (e.g.,

main office, college, hospital, district office, or buildings thereof),

alternative work schedules and vacations shall be made on the basis of
seniority where there is no distinction between employees with respect to
factors relevant to the ability of the employees to perform the required

duties and responsibilities satisfactorily, or subject to the operating needs

of a department or agency or component thereof.
§44.3 Within 90 days of the execution of this Agreement, the specific

procedures for implementing the provisions of this
Article shall be developed through department or agency labor/

management meetings. Grievances alleging a failure to follow
the specific procedures developed through department or agency

labor/management meetings shall be processed through the grievance

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