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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 Work Life 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 as a


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