Page 94 - 2016-2021-ASU

(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
first-class mail. The date of first-class mailing shall be the date the stamp

is cancelled on the mailing envelope. No other documentation or evidence
of the date of such mailing will be acceptable.

(f) Expedited Resolution
(1) If a notice of discipline has been grieved by the employee or CSEA

pursuant to Section 33.3(e), the employee must utilize the Expedited
Resolution procedure in this section unless the employee has elected to be

represented by private counsel. An employee represented by private

counsel shall utilize the Disciplinary Arbitration process set forth in Article
33.4.
(2) During the Expedited Resolution process, the employee shall be

represented by CSEA and the State shall be represented by the agency or a

designee thereof. Each party may have a maximum of two (2)
representatives present at any Expedited Resolution meeting or expedited
arbitration, exclusive of the employee.

(3) The Expedited Resolution procedure shall commence with a

mandatory meeting to be conducted by an arbitrator. Arbitrators will be
jointly selected by CSEA and the State for each of CSEA’s six (6) regions

to conduct all such meetings and, if necessary, all subsequent one (1) day

93