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probable cause after the hearing is closed.

(6) In those cases which involve a suspension without pay pursuant to

this section, when the disciplinary arbitrator finds the employee innocent
of all allegations contained in the notice of discipline and also finds

probable cause for such suspension, he or she shall reinstate the employee
with back pay for all of the period of the suspension without pay.

(7) In the event an employee is found innocent of all allegations
contained in the notice of discipline as a result of a disciplinary proceeding,

he or she must be reinstated to the exact shift, work location and pass days
that the employee possessed prior to the institution of the disciplinary

charges against said employee and prior to any temporary reassignment
imposed pursuant to this Article. In all instances where a disciplinary

arbitrator reinstates an employee who is found innocent of all allegations
contained in the notice of discipline, and the appointing authority later

seeks to change the shift, work location or pass days of said employee, the
appointing authority must notify the employee in writing of the reason

therefore without prejudice. Such action by the appointing authority shall
be grievable under the Article 34 contract grievance procedure, and all such

grievances shall be commenced at Step 3 of said contractual grievance
procedure.

(8) During a period of suspension without pay pursuant to the
provisions of Article 33.3(h)(1) or 33.3(c)(2), the State shall continue to

pay its share of the cost of the employee’s health coverage under Article 9
which was in effect on the day prior to the suspension provided that the

suspended employee pays his or her share. Also, any employee suspended

pursuant to the provisions of Article 33.3(h)(1) or 33.3(c)(2) shall be
counted for the purpose of calculating the amount of any periodic deposit
to the Employee Benefit Fund.

(9) Where the appointing authority informs an employee that he or she

is being temporarily reassigned pursuant to this Article, and prior to
exhaustion or institution of the disciplinary grievance procedure, the
employee shall be notified in writing of the location of such temporary

reassignment and that the employee may elect in writing to refuse such

temporary reassignment and be suspended without pay. Such election must
be made in writing before the commencement of the temporary

reassignment. An election by the employee to be placed on a suspension

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