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18 cases involving disciplinary/adverse actions covered by this Agreement to review the material relied upon by the Employer in proposing a disciplinary or adverse action and for the purpose of preparing and presenting answe rs to proposed actions covered under this Article. Section 8. In assessing penalties, consideration will be given to the length of time that has elapsed from the date of any previous offense. As a general guide, a three (3) year time frame may be used in determining freshness. Section 9. In making its determination that disciplinary/adverse action is necessary and when determining the appropriateness of a penalty, the Employer shall consider the factors as outlined in Douglas v. Veterans Administration , 5 MSPB 313 (1981). Section 10. In the event the Employee is issued an unfavorable decision on a disciplinary action, he or she shall be advised of the grievance procedures available to him/her. Employees may grieve disciplinary actions through the Ne gotiated Grievance Procedure found at Article 8 starting at the next higher step than the Deciding Official within twenty (20) calendar days after the date of receipt of the disciplinary action. Section 11. In the event the Employee is issued an unfavo rable decision on an adverse action, he or she shall be advised of the right to grieve the action under the negotiated Grievance procedure. Employees may grieve disciplinary actions through the Negotiated Grievance Procedure found at Article 8 starting at the next higher step than the Deciding Official within twenty (20) calendar days after the date of receipt of the disciplinary action, or may appeal the action to the Merit Systems Protection Board, but not both. The appropriate Merit Systems Protection Bo ard address shall be included in the final action. Section 12. Before removing an employee who acknowledges personal or behavioral problems, the Employer may offer the Employee the opportunity to avail him/herself of professional help in accordance with the Employee Assistance Program. ARTICLE 11 DUES WITHHOLDING Section 1. Payroll Deduction. Payroll deduction for the payment of UNION dues shall be made from the pay of employees in the unit who

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