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present a clear danger to persons or property. An emergency exceeding 60

calendar days shall not be considered to be a temporary emergency, and

upon the expiration of such 60 calendar days the employee shall be returned
to his or her proper employment.

§24.3 (a) A grievance alleging violation of this Article shall be filed
directly with the agency head or designee by the employee or CSEA in

writing on forms provided by the State with a copy of that grievance being
simultaneously filed with the facility or institution head or designee. An

opinion shall be issued by the agency as soon as possible, but no later than
20 calendar days following receipt of the grievance. The distribution of that

opinion shall include the grievant, the CSEA labor relations specialist and
the CSEA local.

(b)(1) If not satisfactorily resolved at the agency level, an appeal may be
filed by CSEA with the Director of the Governor's Office of Employee

Relations within ten calendar days of receipt of the agency opinion. Such
appeal shall include a copy of the original grievance and the agency

opinion. After receipt of such appeal, the Director of the Governor's Office
of Employee Relations shall seek an opinion from the Director of

Classification and Compensation. Such appeal shall be processed in
accordance with the provisions of Article 24.3(c), (d) and (e).

(2) If the grievance is sustained by the agency and a monetary award is
recommended, a request for affirmation of the agency decision shall be

filed by the agency with the Director of Classification and Compensation
within fifteen calendar days of issuance of the agency opinion. Copies of

the request for affirmation shall be sent to the Director of the Governor's

Office of Employee Relations, the CSEA labor relations specialist and the
CSEA local. Such requests shall be processed in the manner of an appeal
in accordance with the provisions of Article 24.3(c), (d) and (e). The

request for affirmation shall include a copy of the original grievance and

agency opinion. No monetary award may be granted without an affirmative
recommendation by the Director of the Governor's Office of Employee
Relations.

(c) After receipt of an appeal, the Director of Classification and

Compensation shall review and formulate an opinion concerning whether
or not the assigned duties are substantially different from those appropriate

to the title to which the employee is certified. The Director of Classification

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