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pay or temporarily reassigned only if the appointing authority determines

that there is probable cause to believe that the employee’s continued

presence on the job represents a potential danger to persons or property or
would severely interfere with operations. Such determination shall be

reviewable by the arbitrator in accordance with this section to determine
whether the appointing authority had probable cause. The Arbitration

Administrator of CSEA and the CSEA Local President shall be notified in
writing by email and first-class mail, within four (4) calendar days of any

such suspension.
(2) Where the employee has been suspended without pay or

temporarily reassigned, the Panel Administrator shall give the case priority
in assignment and shall forthwith set the matter down for hearing.

(3) In the event of a failure to serve a notice of discipline within the
time established in Section 33.3 (c) – Service of Notice of Discipline, the

employee shall be deemed to have been suspended without pay as of the
date of service of the notice of discipline or, in the event of a temporary

reassignment, may return to his or her actual assignment until such notice
is served. In the event of failure to notify the Arbitration Administrator of

CSEA of the suspension within four (4) calendar days, the employee shall
be deemed to have been suspended without pay as of the date the notice is

sent to the Arbitration Administrator of CSEA.
(4) In the case of any suspension without pay, the employee may be

allowed to draw from accrued annual or personal leave credits, holiday
leave or compensatory leave which shall be reinstated in the event that, in

accordance with this Article, the suspension is deemed improper or the

employee is found innocent of all allegations contained in the notice of
discipline. The use of such credits shall be at the option of the employee.
Such use of leave credits during suspension will not be available if the

employee is offered a reassignment and declines.

(5) When an employee is suspended without pay or temporarily
reassigned pursuant to this section, the disciplinary arbitrator shall, upon
the request of the employee at the close of the State’s case, issue an interim

decision and award with respect to the issue of whether there was probable

cause for the suspension without pay or the temporary reassignment.
Should the arbitrator find in the interim decision that probable cause did

exist, the arbitrator is not precluded from reconsidering the issue of

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