Board Policy - OCSEA
Board Policy - OCSEA
Board Policy - OCSEA
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<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 1<br />
<strong>Policy</strong> Name:<br />
Expense <strong>Policy</strong><br />
Effective Date: January 1, 2012<br />
I. In State Travel Expenses:<br />
All members of the <strong>Board</strong> of Directors shall be reimbursed<br />
for travel which is authorized and necessary for the conduct<br />
of official <strong>OCSEA</strong> Business.<br />
A. Authorized travel includes, but is not limited to:<br />
1. Round trip travel for attendance at all <strong>Board</strong> of<br />
Directors meetings and special committee meetings.<br />
2. Round trip travel for attendance at assigned<br />
chapter, district council and assembly meetings<br />
and other meetings if requested by the subordinate<br />
body and/or the <strong>OCSEA</strong> President.<br />
3. Round trip travel for attendance at <strong>OCSEA</strong>’s,<br />
AFSCME’s and AFL-CIO’s convention.<br />
4. Round trip travel to any other function when<br />
properly approved and/or assigned.<br />
5. If it is discovered that a member of the State<br />
<strong>Board</strong> of Directors or any subordinate body member<br />
is receiving mileage reimbursement from both <strong>OCSEA</strong><br />
and a subordinate body of <strong>OCSEA</strong> to attend the same<br />
function, <strong>OCSEA</strong> will recapture these expenses from<br />
future mileage reimbursements. All such incidents<br />
will be referred to the <strong>OCSEA</strong> Secretary-Treasurer<br />
who will decide whether or not further action is<br />
necessary.<br />
B. Excluding the State Officers and State <strong>Board</strong> Members<br />
attending his/her respective Assembly meeting, no<br />
member of the <strong>Board</strong> of Directors will be reimbursed for<br />
travel outside his/her <strong>OCSEA</strong> district or the state<br />
without prior approval from the President, followed by<br />
written approval. Reimbursement will be paid only for
actual expenses incurred for outside district or state<br />
travel. (State board meetings, specific state<br />
committee meetings, special recruitment meetings and<br />
assembly meetings.)<br />
C. Excluding the state officers, mileage shall be paid to<br />
any member of the State <strong>Board</strong> of Directors who is<br />
required to travel to attend assigned chapter, district<br />
council, assembly and district grassroots committee<br />
(DGC) meetings in their district at the current<br />
allowable IRS rate for mileage. This includes travel<br />
to his/her own chapter, district councils, assembly and<br />
district grassroots committee (DGC) meetings in their<br />
district.<br />
D. If more than one <strong>Board</strong> member travels to the same event<br />
in the same vehicle, only one member shall be entitled<br />
to mileage reimbursement. Mileage is for the use of a<br />
personal vehicle or common carrier and payable to only<br />
one individual in the vehicle on the same trip.<br />
II. Room and <strong>Board</strong> expenses shall be reimbursed as follows:<br />
A. Lodging expenses shall be reimbursed when traveling on<br />
authorized (approved by the President) <strong>OCSEA</strong> business.<br />
Reimbursement will be authorized for reasonable cost of<br />
lodging provided that receipts are submitted for actual<br />
lodging costs. The option to stay at a hotel or go home<br />
is at the individual <strong>Board</strong> member’s discretion.<br />
B. When <strong>OCSEA</strong> makes arrangements to prepay or provide for<br />
direct billing of hotel accommodations for <strong>Board</strong><br />
members, sufficient notification to cancel must be<br />
given to either <strong>OCSEA</strong> or the hotel, to avoid payment of<br />
such expense. If the <strong>Board</strong> member fails to timely<br />
cancel the reservation, he/she will be responsible for<br />
the reimbursement of any cost to <strong>OCSEA</strong>. Such expenses<br />
will be deducted from future expenses, which may<br />
include mileage, per diem, and/or wages. In the event<br />
of an emergency, the President shall decide if <strong>OCSEA</strong><br />
will bear the cost of any room reservations made.<br />
C. Out-of-State Travel Expenses: Whenever the President or<br />
<strong>Board</strong> authorizes out-of-state travel by a member of the<br />
<strong>Board</strong> of Directors, commuting expenses will be<br />
reimbursed at the lesser of: (1) the lowest available<br />
coach air fare at the time travel is authorized; or (2)<br />
mileage at the current allowable IRS rate for mileage.<br />
If more than one <strong>Board</strong> member travels to the same event<br />
in the same vehicle, only one member shall be entitled
to mileage reimbursement. (The President may authorize<br />
additional lodging expenses when this will reduce<br />
airfare costs to the extent that an overall savings in<br />
travel expense is achieved.)<br />
D. Members of the <strong>Board</strong> of Directors will be reimbursed<br />
for meals away from home, which are necessary in the<br />
course of official union business and which are<br />
approved by the Finance Committee and accompanied by<br />
adequate receipt. Meal expenses will be paid at the<br />
appropriate IRS rate. No alcoholic beverages are<br />
reimbursable. Meal eligibility will be determined by<br />
the period of travel away from home for union business.<br />
Breakfast allowance will be paid when travel and/or<br />
conducting union business prior to 8:00 a.m.; lunch<br />
allowance will be paid when travel and/or union<br />
business occurs between the hours of 11:00 a.m. and<br />
2:00 p.m.; dinner allowance will be paid when travel<br />
and/or union business occurs after 4:00 p.m. Expenses<br />
shall be paid for <strong>Board</strong> of Directors members only. If<br />
the meals are considered taxable by IRS guidelines, the<br />
meals will be taxed on the next payment of release time<br />
the <strong>Board</strong> member receives.<br />
E. When a per diem check is issued to cover meal expenses<br />
to an authorized <strong>OCSEA</strong> function and the <strong>Board</strong> member<br />
fails to attend that function, the check or the<br />
equivalent amount shall be returned/reimbursed to <strong>OCSEA</strong><br />
within five business days from the date of the<br />
scheduled event.<br />
III. Miscellaneous expenses shall be reimbursed when authorized<br />
and provided that appropriate receipts and/or explanation of<br />
expenses accompany the expense report.<br />
A. Other activity expenses or expenses due to unforeseen<br />
circumstances must have approval from the President and<br />
then presented to the Finance Committee by the<br />
Comptroller for recommendation to the <strong>Board</strong>.<br />
B. Telephone Calls:<br />
1. Telephone calls shall include the name of the<br />
person called. Failure to identify the names of<br />
persons called will result in either delay in the<br />
payment of the reimbursement or the bill not being<br />
reimbursed at all. Whenever possible, the 1-800<br />
line both incoming and outgoing should be used.<br />
Whenever polling the <strong>Board</strong> the 1-800 line should<br />
be used.
2. <strong>Board</strong> members shall be allowed calls to their<br />
homes while away on union business. Such expense<br />
will not exceed $5.00 per day.<br />
3. <strong>Board</strong> members shall be reimbursed the cost<br />
associated with a cell phone (lease and service)<br />
at a cost not to exceed $50.00 per month, upon<br />
receipt of a cell phone bill which reflects the<br />
cell phone number or account number, month of<br />
billing and the total amount of the bill.<br />
4. <strong>Board</strong> members shall be reimbursed the cost of<br />
internet service at a cost not to exceed $50.00<br />
per month, upon receipt of an internet bill which<br />
reflects the month of billing and the total amount<br />
of the bill.<br />
5. The President may authorize a higher reimbursement<br />
rate for the Vice President and/or Secretary-<br />
Treasurer, if necessary.<br />
C. <strong>Board</strong> of Directors members and other affected members<br />
may be paid release time when on union business. To be<br />
afforded paid release time, prior approval must be<br />
given by the President and one or more of the Executive<br />
Committee members. All members of the <strong>Board</strong> of<br />
Directors shall be reimbursed for lost time, which is<br />
necessary to conduct official <strong>OCSEA</strong> business of<br />
subordinate body meetings to which they are assigned.<br />
1. Release Time – Release time shall include round<br />
trip travel time to all subordinate body (chapter,<br />
district and/or assembly) meetings occurring<br />
during the assigned board member’s regular working<br />
hours.<br />
2. Notification – Advance notification to the<br />
President of <strong>OCSEA</strong> or his/her designee shall be<br />
required. Sufficient notice to <strong>OCSEA</strong> for the<br />
purpose of securing release time from the <strong>Board</strong><br />
member’s agency shall be the responsibility of the<br />
<strong>Board</strong> member attending the meeting.<br />
Such approval must be in writing to both the<br />
Executive Director and Comptroller. Pay shall be<br />
made to the affected member at the member’s<br />
straight time hourly rate, of their regular<br />
position for the actual hours employed on union<br />
business. Pay is not to exceed eight hours per
day, unless the member is normally scheduled for a<br />
longer work schedule (such as a nine hour workday<br />
or a 10 hour work day). The use of paid release<br />
is for exceptional union business and only at the<br />
request of the Union’s Executive Director and/or<br />
Officers.<br />
IV.<br />
Claim/Voucher Submittal:<br />
A. Claims for all expenses must be filed in the <strong>OCSEA</strong><br />
office within 180 days after they are incurred. In the<br />
event a longer period elapses, such claims shall be<br />
submitted to the Finance Committee for disposition.<br />
B. Upon receipt of the appropriately signed expense<br />
voucher, the Comptroller, with the approval of the<br />
Secretary-Treasurer, is thereby authorized to pay the<br />
expenses of the <strong>Board</strong> of Directors. All such expense<br />
reports shall be subject to review by the Finance<br />
Committee and <strong>Board</strong>.<br />
C. The Comptroller may reduce or disallow any claim for<br />
reimbursement for lodging, meals or incidentals, which<br />
is either excessive or in violation of the limitations<br />
described above. Such actions shall be reported to the<br />
Finance Committee for their recommendation to the<br />
<strong>Board</strong>.<br />
D. Each <strong>Board</strong> member is responsible for his/her expense<br />
only, and is not authorized to sign for any other <strong>Board</strong><br />
member’s expense.<br />
V. Officer’s Travel Allowance Issues<br />
A. The President shall receive a travel allowance<br />
commensurate with that provided to the Executive<br />
Director by contract. No other reimbursement for<br />
travel within the State shall be made to the President.<br />
Other expenses of the President shall be reimbursed in<br />
the same manner as the other State <strong>Board</strong> members.<br />
B. Officers, as defined in the Constitution, other than<br />
the President may be reimbursed in the same manner as<br />
the State <strong>Board</strong> of Directors, except they are allowed<br />
statewide travel or they may receive a monthly $500.00<br />
car allowance and a gasoline credit card to be used for<br />
any <strong>OCSEA</strong> travel related expenses. The Officers may be<br />
furnished with credit cards to be utilized for <strong>OCSEA</strong><br />
business expense only. Each officer is also entitled to
e reimbursed for their car insurance not to exceed<br />
$1,000 annually. These are to be reviewed by the<br />
Finance Committee in a like manner as are all other<br />
expenses.<br />
C. A $50,000 Accidental Death and Dismemberment policy is<br />
provided for all Officers and State <strong>Board</strong> of Directors<br />
members when on authorized <strong>OCSEA</strong> travel.<br />
D. Officers and <strong>Board</strong> of Directors members who are<br />
authorized to sign checks as intermediate body officers<br />
and/or corporate officers are bonded through a blanket<br />
bond from AFSCME International.<br />
VI. President’s Base Pay Salary Adjustment<br />
The President works full-time for <strong>OCSEA</strong> as its Chief<br />
Executive Officer (CEO). There is no bargaining unit pay<br />
rate commensurate with such a position. Therefore, the<br />
President shall be compensated at a total rate no less than<br />
that shown under Pay Range 36, Step 9 of the current <strong>OCSEA</strong><br />
State Contract.<br />
VII. All expenses of the Officers, <strong>Board</strong> of Directors members,<br />
and regular members who have expenses relating to <strong>Board</strong><br />
activities shall be reviewed at least as often as each<br />
regularly scheduled <strong>Board</strong> of Directors meeting by the<br />
Finance Committee. The Finance Committee shall note any<br />
discrepancies and recommend approval or disapproval in its<br />
report to the <strong>Board</strong> of Directors.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 2<br />
<strong>Policy</strong> Name: Public Employees Organized to Promote<br />
Legislative Equality (P.E.O.P.L.E.)<br />
Effective Date: October 19, 2007<br />
<strong>OCSEA</strong> shall encourage all members, Chapters, District Councils<br />
and Assemblies to participate in P.E.O.P.L.E. It shall be a<br />
continuing goal of the Union to promote our legislative<br />
objectives on the local, state and federal level by soliciting<br />
voluntary financial contributions through dues check-off or any<br />
other means available.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 3<br />
<strong>Policy</strong> Name:<br />
Use of <strong>OCSEA</strong> Letterhead<br />
Effective Date: October 19, 2007<br />
The use of <strong>OCSEA</strong>’s letterhead is restricted to official <strong>OCSEA</strong><br />
Business. No official logo or symbol of <strong>OCSEA</strong> may be used for<br />
internal or external political purposes, i.e., election and<br />
campaign material.<br />
Subordinate Bodies are encouraged to develop their own letterhead<br />
and stationery for use in conducting their business.<br />
Prior authorization for any use of <strong>OCSEA</strong> letterhead must be<br />
obtained from the Union’s President.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 4<br />
<strong>Policy</strong> Name:<br />
Setting Up and Running an Internal<br />
Controversy Committee<br />
Effective Date: August 17, 2008<br />
This policy is not intended to supersede the constitutional<br />
provision but to expand upon the provisions. This policy helps<br />
flesh out the provisions and to incorporate answers to questions<br />
which often arise.<br />
1. In the case of any internal controversy, including but not<br />
limited to, differences in points of view, alleged<br />
constitutional or parliamentary irregularities, roles and<br />
duties of officers, propriety of expenditures, etc., that<br />
directly or indirectly concern the operations of this Body,<br />
a special committee of Body members shall be elected at a<br />
Body meeting.<br />
2. An Internal Controversy Committee should be utilized<br />
pursuant to this Article prior to charges being filed with<br />
JIAC. The Chairperson of JIAC may refer any charges filed<br />
without an attempt at resolution, back to the Body<br />
concerned.<br />
3. The Internal Controversy Committee shall be elected pursuant<br />
to Article VI of the Subordinate Body Constitution. The<br />
Committee shall be composed of no less than three and no<br />
more than 5 members. The assigned <strong>Board</strong> of Directors’ member<br />
shall be notified of the election of the Committee and<br />
oversee its activities.<br />
4. The sole purpose of this Committee shall be determining the<br />
fair and reasonable solution to the controversy. The<br />
Internal Controversy Committee shall not have authority over<br />
election protests.<br />
5. The Committee shall present a written report containing<br />
recommendation(s) and solution(s) to the full Body within<br />
thirty (30) days of their election. The Body shall vote on<br />
the recommendations. The report and the vote shall be made<br />
part of the minutes.
6. Should the Internal Controversy Committee be unable to<br />
recommend a solution to the controversy to the Body, or the<br />
Body is unable to reach agreement on the recommendations,<br />
the matter or matters shall be referred in writing and in<br />
detail, to the Judicial and Internal Affairs Committee<br />
within fifteen (15) days of the Body’s meeting.<br />
7. The recommendations of JIAC on the issue shall be presented<br />
to the State <strong>Board</strong> of Directors for adoption. The ruling of<br />
the State <strong>Board</strong> of Directors shall be final.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 5<br />
<strong>Policy</strong> Name: Judicial and Internal Affairs Committee<br />
(JIAC)<br />
Effective Date: February 23, 2008<br />
1. The deadline for agenda items is 15 days prior to the<br />
Judicial Internal Affairs Committee meeting. A request to<br />
waive the deadline must be directed to the JIAC Chairperson<br />
with specific reason(s) for lateness. The Chairperson’s<br />
decision is final.<br />
2. The Chairperson reserves the right to order an investigation<br />
prior to a hearing being scheduled.<br />
3. Letters or e-mails (jiac@ocsea.org) submitted requesting<br />
hearings must include specific charges and the basis of such<br />
violations. The signature of the charging party must be on<br />
the letter.<br />
4. A schedule of hearing dates will be available on an annual<br />
basis by the December board meeting. Requests for hearings<br />
must be received by the Chairperson 15 days prior to the<br />
hearing date. Late requests may be considered by the<br />
Chairperson upon proof of exceptional circumstances,<br />
preferably in writing. Notification of the hearing time and<br />
date will be sent to all involved parties by certified mail.<br />
A request to reschedule a hearing must be received by the<br />
Chairperson before the day of the hearing, preferably in<br />
writing.<br />
5. Hearings are open to the membership unless either party is<br />
granted a closed session.<br />
6. Agenda items and hearing requests may be withdrawn upon<br />
request of the originating party.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 6<br />
<strong>Policy</strong> Name:<br />
Finance Committee Procedures<br />
Review Date: April 26, 2008<br />
1. The deadline for agenda items is Friday of the week<br />
preceding the State <strong>Board</strong> of Directors’ meeting. A request<br />
to waive the deadline must be directed to the Secretary-<br />
Treasurer, Chairperson of the Finance Committee, with<br />
specific reason(s) for lateness.<br />
2. No financial item may be brought before the <strong>Board</strong> of<br />
Directors without going through the Finance Committee first.<br />
Expenditures having a long range effect may require further<br />
study at the discretion of the Finance Committee and may not<br />
be acted upon until completion of such study. The Finance<br />
Committee’s recommendation shall be presented to the <strong>Board</strong><br />
prior to consideration of the item.<br />
3. The <strong>Board</strong> Expense Report and Comptroller’s Report shall<br />
always be included as part of the Finance Report. Any and<br />
all extreme variances shall be reported to the <strong>Board</strong> of<br />
Directors.<br />
4. Audits of all Chapters’, District Councils’, and Assemblies’<br />
books, when completed, shall be reported to the Finance<br />
Committee noting any and all irregularities. The Finance<br />
Committee may conduct investigations where deemed necessary<br />
concerning any and all intermediate body finances. Where<br />
deemed necessary, the Finance Committee may refer, with<br />
recommendation, any gross discrepancies found to the<br />
Judicial and Internal Affairs Committee for action under the<br />
Union Constitution and By-laws.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 7<br />
<strong>Policy</strong> Name:<br />
Clarification of Executive Session<br />
Review Date: April 26, 2008<br />
In implementing Article XI, Section 2, the <strong>Board</strong> shall observe<br />
the following procedures:<br />
1. Once executive session is called, the President will extend<br />
an invitation to one Chapter, District Council or Assembly<br />
President to remain during the executive session.<br />
2. The Secretary-Treasurer shall ask all Chapter, Assembly and<br />
District Council Presidents in attendance, who are not<br />
voting members of the <strong>Board</strong>, to identify themselves. The<br />
Secretary-Treasurer will then ask those presidents to select<br />
from among themselves one president to remain during the<br />
executive session.<br />
3. The Chapter, District Council or Assembly President selected<br />
shall have the right to participate in the deliberations.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 8<br />
<strong>Policy</strong> Name:<br />
Subordinate Body Election Procedure<br />
Review Date: April 26, 2008<br />
The <strong>OCSEA</strong> State <strong>Board</strong> of Directors has adopted the AFSCME Local<br />
Union Election Manual procedures for mail elections, when<br />
utilized. In all other respects, Subordinate Bodies are required<br />
to follow the <strong>OCSEA</strong> AFSCME Local 11 Election Procedures.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 9<br />
<strong>Policy</strong> Name:<br />
AFL-CIO Central Body Rebate Procedure<br />
Review Date: April 26, 2008<br />
<strong>OCSEA</strong> will rebate to each <strong>OCSEA</strong> Chapter 100% of the per capita<br />
tax for membership in its local AFL-CIO Central Body. To obtain<br />
this rebate, the chapter must submit proof of payment (i.e., the<br />
receipt from the AFL-CIO Central Body or a photocopy of both the<br />
front and back of the canceled check) to <strong>OCSEA</strong> Comptroller within<br />
180 days of the date the per capita tax was due. Any proof of<br />
payment submitted later than 180 days will not be approved for a<br />
rebate.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 10<br />
<strong>Policy</strong> Name: Procedure for Member’s Review of Staff<br />
Expense Records<br />
Review Date: April 26, 2008<br />
In accordance with the <strong>OCSEA</strong> Constitution and By-laws, the<br />
following procedure is established to provide for membership<br />
review of staff expense records:<br />
1. All requests to review staff expense records shall be made<br />
in writing to the Executive Director. Such request shall<br />
specify the particular records, time period to be examined,<br />
and the reason why the request is being made. The request<br />
should also state the times and dates during normal business<br />
hours in which the member can be available.<br />
2. The Executive Director shall notify the Secretary-Treasurer<br />
of the receipt of the written request. The Executive<br />
Director shall arrange for a time to review the requested<br />
records.<br />
3. No examination will take place without the attendance of the<br />
Executive Director and/or the specified staff member who<br />
shall have the opportunity to be in attendance in order to<br />
answer any question which may arise. Both the Executive<br />
Director and the staff member may also have a representative<br />
present.<br />
4. Members may copy records only with permission of both the<br />
Executive Director and the Secretary-Treasurer. No records<br />
may be removed from the union office.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 11<br />
<strong>Policy</strong> Name: Procedure for Requesting Chargeable<br />
Items/Services from the <strong>OCSEA</strong> Central Office<br />
Information Technology Department<br />
Review Date: June 21, 2008<br />
Chapter, Assemblies or District Councils may request from the<br />
<strong>OCSEA</strong> Information Technology (IT) Department such chargeable<br />
services as outlined on the attached form.<br />
All requests must be in writing, preferably on the attached form.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 12<br />
<strong>Policy</strong> Name:<br />
Signature Cards<br />
Review Date: June 21, 2008<br />
The Comptroller shall be a signature on every Subordinate Body<br />
account along with the Subordinate Body President and Treasurer.<br />
The Comptroller’s signature shall not be required to conduct the<br />
regular financial business of the body. Rebates to Subordinate<br />
Bodies shall be withheld if they fail to comply with this<br />
procedure.<br />
The Comptroller shall be the last person to sign any bank<br />
signature card(s) for all Subordinate Bodies’ account(s). The<br />
Comptroller will submit the card(s) to the bank directly.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 13<br />
<strong>Policy</strong> Name:<br />
Grievance Review and Processing<br />
Effective Date: August 17, 2008<br />
Once the chapter is notified that a grievance has been filed, the<br />
chapter shall contact each grievant in order to determine if<br />
he/she continues to desire to have his/her grievance pursued.<br />
The chapter shall maintain records of its actions and the<br />
disposition of all its grievances. The staff representative<br />
assigned to the chapter shall participate in the evaluation(s) of<br />
all grievances. All evaluations shall be subject to the regular<br />
grievance timelines and procedures absent mutual agreement of all<br />
parties to the contrary. Notification of the chapter’s decision<br />
to withdraw a grievance at any step of the review shall be<br />
provided in writing to the grievant.<br />
The grievant shall be given a reasonable opportunity to respond<br />
to the inquiry. However, said response time shall not extend any<br />
grievance timelines without written agreement of labor and<br />
management. Failure to respond in a timely manner may result in<br />
the withdrawal of the grievant.<br />
If continued interest to pursue the grievance is expressed by the<br />
grievant, the grievance file shall be reviewed by the chapter<br />
president and/or chief steward and staff representative to<br />
determine if enough information exists to evaluate the grievance.<br />
If additional information is required, the steward shall contact<br />
the grievant to provide the information. Failure to provide the<br />
information in a timely manner, subject to the grievance<br />
timelines, may result in the withdrawal of the grievance.<br />
In the event a chapter declines to file a requested grievance,<br />
the member must be notified within a time period which would<br />
allow the member to timely file on his/her own behalf. The member<br />
should be informed of the chapter’s reason for its refusal as<br />
well as his/her right to file the grievance. If the member<br />
decides to pursue the grievance outside the union, a chapter<br />
representative must be present at each step of the process in<br />
order to maintain the integrity of the contract. The individual<br />
involved, and management, should be informed of the SOLE purpose<br />
of the union’s presence. The chapter should follow its normal
procedures to decide whether the grievance should be forwarded to<br />
Step 4 of the grievance procedure.<br />
Where possible, the chapter should utilize a committee made up of<br />
stewards for the purpose of reviewing and evaluating all<br />
grievances assigned to the chapter. In the case of conglomerate<br />
chapters, the review may be accomplished by electronic means. In<br />
the event no steward is available from the agency, the chapter<br />
president and the staff representative shall function as the<br />
committee for the purpose of review. Where the steward(s) and/or<br />
chapter president agree with the staff representative that a nonremoval<br />
grievance lacks merit, it shall be withdrawn with<br />
notification to the grievant(s). Grievances that should be<br />
pursued include undisputed violations of the contract,<br />
disciplines that are not commensurate with the offense or where<br />
clear violations exist concerning progressive discipline.<br />
Removal grievances shall not be withdrawn by the chapter. The<br />
chapter shall provide a written recommendation to the Office of<br />
General Counsel (OGC), Attn: Grievance Manager, with a copy to<br />
the assigned staff representative. The grievance, along with the<br />
chapter’s recommendation, shall be presented to the Discharge<br />
Review Committee by the staff representative.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 14<br />
<strong>Policy</strong> Name:<br />
Stewards’ <strong>Policy</strong><br />
Effective Date: February 23, 2008<br />
The role of the steward is to act in concert with and under the<br />
guidance of the chief steward and/or president. A steward must<br />
be willing to properly and timely investigate and file grievances<br />
and communicate the status of each to the chief steward and/or<br />
president.<br />
Stewards shall be appointed by the Chapter president. The<br />
Chapter president shall respond to requests for appointment, in<br />
writing, within fifteen (15) calendar days. A member may<br />
petition the Chapter executive board, in writing, within fifteen<br />
(15) calendar days, if not appointed. The executive board shall<br />
respond, in writing, to a petition from a member within fifteen<br />
(15) calendar days of receipt. There will be no further appeal<br />
rights to any other level of <strong>OCSEA</strong> or AFSCME.<br />
The term of office for stewards shall run concurrently with the<br />
term of office of the appointing Chapter president. Stewards must<br />
be appointed or reappointed by each Chapter president at the<br />
beginning of his/her term. Stewards should not represent a<br />
grievant until he/she qualifies as a certified steward through<br />
the <strong>OCSEA</strong> Education Department.<br />
It is recommended that stewards specialize when possible.<br />
Stewards can be specialized by topic, i.e., overtime or<br />
discipline, by work area or by shift.<br />
Stewards serving in a management/exempt positions on a temporary<br />
basis shall not represent employees for the length of time the<br />
steward is out of the bargaining unit. Stewards shall not use<br />
information gained by virtue of their stewardship to the<br />
detriment of other bargaining unit members.<br />
To become a certified steward, members must attend basic stewards<br />
training and advanced stewards training initially. Thereafter,<br />
stewards must attend at least one “<strong>OCSEA</strong> Continuing Education”<br />
course per year and be actively involved in problem solving or<br />
grievance handling with management. Stewards are encouraged to
attend and to participate in chapter meetings and the chapter<br />
grievance review committee.<br />
Stewards may be removed by written notice from the Chapter<br />
president. The removal may be appealed, in writing, to the<br />
Chapter executive board within fifteen (15) calendar days of<br />
receipt of the notice of removal. Appeals to the Chapter<br />
executive board shall be heard within sixty (60) days of receipt.<br />
Appeals shall be forwarded to the Chapter secretary.<br />
The decision of the executive board shall be forwarded to the<br />
member in writing and shall be final. No further appeal shall be<br />
made to <strong>OCSEA</strong> and/or AFSCME. The results of the appeal(s) shall<br />
be made part of the minutes of the executive board.<br />
Chief Steward<br />
The role of the Chief Steward is (1) to ensure that grievances<br />
are properly filed, (2) coordinate activities by chapter<br />
stewards, (3) to ensure that all chapter stewards comply with<br />
training and education requirements established by the State<br />
<strong>Board</strong>, (4) to monitor training needs on the part of the stewards<br />
and recommend appropriate actions to the Education Department,<br />
and (5) to chair the Grievance Review Committee.<br />
Chief Stewards may be elected by the stewards in a chapter or,<br />
alternatively, may be appointed by the chapter president, as<br />
specified in the chapter by-laws. If the by-laws are silent or<br />
there are no chapter by-laws, the chief steward shall be<br />
appointed by the chapter president. Whether elected or<br />
appointed, a chief steward’s term(s) of office shall be the same<br />
as that of the chapter president. The chief steward may be<br />
removed by the chapter president at any time, subject only to a<br />
final appeal to the chapter executive board. The action of the<br />
chapter president shall be effective until and unless reversed by<br />
the chapter executive board. There will be no further appeal<br />
rights to any other level of <strong>OCSEA</strong> or AFSCME.<br />
Lead Stewards<br />
In multi-agency chapters or, at the discretion of the chapter, in<br />
multi-work site chapters, lead stewards will coordinate the<br />
steward activity in a specific agency or work site. He/She will<br />
report to the chapter chief steward. He/She will be designated<br />
by the chapter president.
ODOT District Stewards<br />
The ODOT stewards in each ODOT district will elect an ODOT<br />
District Steward, from among their ranks. The term of such<br />
District Steward will be three (3) years. A steward must be in<br />
good standing, in accordance with this <strong>Board</strong> <strong>Policy</strong> to run for<br />
District Steward and vote to elect a District Steward. All<br />
District Stewards are voting members of the ODOT Assembly.<br />
An <strong>OCSEA</strong> State <strong>Board</strong> member shall conduct the ODOT District<br />
Steward nominations and elections each May of every third year<br />
for the ODOT district(s) whose headquarters is located within<br />
their <strong>OCSEA</strong> district. If the board member is a candidate for the<br />
ODOT District Steward position, or is unavailable, then the<br />
election shall be conducted by another board member.<br />
The ODOT District Steward may represent ODOT grievances at the<br />
second and third steps, within the district. The District<br />
Stewards will keep the appropriate chapter presidents informed of<br />
the progress of each grievance. Any final settlements must be<br />
signed off by at least one of the following: District Steward or<br />
Chapter President (of the chapter where the grievance originated)<br />
or Grievant and the Staff Representative. It is recommended that<br />
non-ODOT Chapter Presidents consult with the ODOT District<br />
Steward before signing off on ODOT grievances.<br />
District Stewards who incur expenses for postage, mileage, lost<br />
time, etc. during the representation of a member from his/her<br />
respective ODOT district, may seek reimbursement from that<br />
member’s chapter, whether or not the district steward is a member<br />
of that chapter.<br />
Removal of a District Steward<br />
• No Chapter President has the authority to remove an ODOT<br />
District Steward from his/her position as a district<br />
steward.<br />
• A District Steward can only be removed from his/her position<br />
as District Steward by the conditions set forth in “Article<br />
IX – Charges” of the <strong>OCSEA</strong> State By-laws or “Article XII –<br />
Removal from Office” of the <strong>OCSEA</strong> Subordinate Body<br />
Constitution.<br />
* The term ODOT District Steward is used to prevent confusion<br />
with the term chief steward, which may exist in the same<br />
chapter where there are ODOT employees.
Stewards serving in a management/exempt positions on a temporary<br />
basis shall not represent employees for the time the steward is<br />
in the temporary work level.<br />
Updating of Steward List<br />
Included with the quarterly membership mailing list will be a<br />
list of stewards. It is the responsibility of the chapter<br />
president to update the list, indicating the respective phone<br />
number(s) and agency, and return it to <strong>OCSEA</strong> Headquarters.<br />
Article 3.02 of the State contract states that the union will<br />
notify management, in writing, of the names of all stewards<br />
before they assume duties. Each chapter president is responsible<br />
for that task for all agencies that the chapter covers. Local<br />
government contracts may have similar provisions.<br />
The following are guidelines for removal of a name from the<br />
steward list:<br />
1. Death of the member;<br />
2. Lose of member status (promotion into exempt position,<br />
separation from state service)<br />
If a person on the steward list is not known to the chapter<br />
president, that chapter president must send a letter by certified<br />
and regular mail, requesting that the person contact the chapter<br />
president in order to discuss his/her steward status. If there<br />
is no response within fifteen (15) calendar days, a letter shall<br />
be sent to that person and to the labor relations officer or<br />
agency designee notifying them that the person is no longer<br />
serving as a steward.<br />
Chapter Grievance Review Committee and Accountability<br />
Either the grievant or the chapter president (or his/her designee<br />
on each grievance) and the staff representative must sign off on<br />
a grievance for settlement or withdrawal at any level of the<br />
grievance procedure.<br />
Every State grievance should be reviewed by the Chapter Grievance<br />
Review Committee prior to forwarding the grievance to step four<br />
of the grievance procedure.<br />
The Chapter Grievance Review Committee does not have the right to<br />
turn down a removal grievance. However, the Chapter’s<br />
recommendation is given great weight by the <strong>OCSEA</strong> Discharge<br />
Review Committee.
- IMPORTANT –<br />
All removal grievances must be filed directly to Step 3 AND a<br />
copy of the grievance form forwarded to <strong>OCSEA</strong> Central Office,<br />
Attn: Office of General Counsel.<br />
The <strong>OCSEA</strong> Steward Recognition Program<br />
The purpose of the Steward Recognition Program is to show<br />
appreciation for the dedication, commitment and effort put forth<br />
by our stewards in serving rank and file members. Additional<br />
goals are to recruit more stewards and retain those that we now<br />
have.<br />
Under this program, Chapter presidents recommend stewards for<br />
awards. The awards are then presented to the steward during a<br />
chapter event. A record of each award is maintained by <strong>OCSEA</strong>.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 15<br />
<strong>Policy</strong> Name:<br />
Internal Processing of Unfair Labor Practice<br />
Charges<br />
Review Date: June 21, 2008<br />
Chapter should contact their assigned staff representative when<br />
it is suspected the Employer has committed an unfair labor<br />
practice. If the staff representative believes that an unfair<br />
labor practice has been committed by the Employer, the staff<br />
representative prepares a draft of the charge with attachments of<br />
all relevant documentation.<br />
This information is submitted to the appropriate Operations<br />
Director within fifteen (15) days for review and further action.<br />
If, after discussing the matter with the staff representative,<br />
the Operations Director believes the matter should be processed<br />
as an unfair labor practice charge, the Operations Director<br />
submits the draft charge, supporting documentation, along with<br />
the Operations Director’s recommendation and rationale to the<br />
Executive Director within seven (7) days.<br />
The Executive Director will have the final authority to determine<br />
whether a charge should be filed. Subordinate bodies will be<br />
notified within seven (7) days if charges are filed.<br />
Individuals should be aware that there is no guarantee that <strong>OCSEA</strong><br />
will provide representation on charges that are not filed through<br />
the Union.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 16<br />
<strong>Policy</strong> Name:<br />
Clarification of Arbitration Costs<br />
Effective Date: June 21, 2008<br />
Historically, the General Counsel’s Office is responsible for<br />
paying the following bills related to arbitration:<br />
1. Payment of arbitrator;<br />
2. Expert witnesses and expenses, and other related evidence;<br />
3. Video tapes;<br />
4. Payment for court records;<br />
5. Transcripts of criminal trials and administrative hearings;<br />
6. Cost of hearing room (if required);<br />
7. Fifty percent (50%) of consultant’s fee.<br />
Local chapters and/or grievants shall be responsible for the<br />
following expenses. Chapter expenses must be approved by the<br />
body.<br />
1. Mileage;<br />
2. Parking;<br />
3. Meals;<br />
4. Medical examinations (if required);<br />
5. Lodging for grievant and witnesses (if required)<br />
6. Pay (both straight time and overtime) for non-bargaining<br />
unit witnesses;<br />
7. Fifty percent (50%) of consultant’s fee.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 17<br />
<strong>Policy</strong> Name:<br />
Arbitration Committee Grievance Review<br />
Effective Date: August 17, 2008<br />
Purpose: To place responsibility for initial grievance review and<br />
evaluation at the local chapter level as already required by the<br />
<strong>OCSEA</strong> board policy, to accelerate the evaluation of grievances so<br />
that the Arbitration and Discharge Review Committees can identify<br />
the most important grievances that should be arbitrated.<br />
Background: The proper evaluation of contract grievances is<br />
greatly assisted by the investigation and evaluation of<br />
grievances by the local chapter. In the absence of any formal<br />
review of grievances by the local chapter, the Arbitration and<br />
Discharge Review Committees spends significant time and resources<br />
reviewing grievances that lack merit or it spends considerable<br />
time trying to identify important facts that are needed to make a<br />
decision.<br />
Existing board policy requires local chapters to use stewards<br />
committee to evaluate grievances. In practice however, a majority<br />
of the chapters fail to take any position regarding grievances<br />
that are reviewed by the Arbitration and Discharge Review<br />
Committees. This practice in effect shifts the responsibility to<br />
the statewide level when the clear objective of the board policy<br />
is to strengthen local ownership of grievances at the level where<br />
stewards know the most about the grievances.<br />
Ultimately, a timely review at the local and statewide level will<br />
not be possible without accountable stewards committees. The<br />
high volume of unprepared grievances and their prioritization<br />
requires a selection process, which must include effective<br />
chapter participation. Adding more central office staff resources<br />
for this purpose is counterproductive.<br />
Recommendation: Chapter’s stewards committee should review all<br />
grievances that are being sent to the <strong>OCSEA</strong> Arbitration and<br />
Discharge Review Committees. The chapter should forward its<br />
recommendations and position as to whether or not it supports the<br />
grievance it is reviewed by the Arbitration and Discharge Review<br />
Committees. A written recommendation by the chapter stewards<br />
committee shall be forwarded to the <strong>OCSEA</strong> Arbitration and<br />
Discharge Review Committees.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 18<br />
<strong>Policy</strong> Name:<br />
Gallery Participation at <strong>Board</strong> Meeting<br />
Effective Date: August 17, 2008<br />
It is the policy of the <strong>Board</strong> of Directors that its meetings<br />
shall be open to all members and that a gallery shall be set<br />
aside in the <strong>Board</strong>’s meeting room to provide seating for such<br />
members who wish to observe the meeting as can reasonably be<br />
accommodated in the room.<br />
Observers who wish their views and opinions to be considered by<br />
the <strong>Board</strong> should communicate those views and opinions to their<br />
representative <strong>Board</strong> members prior to the meeting, during breaks<br />
or in another non-disruptive manner. This policy shall not<br />
prevent the President, the presiding officer of the meeting, or<br />
the committee chair from requesting and arranging for noncommittee<br />
or non-<strong>Board</strong> members to speak at the meeting or to be<br />
questioned by meeting participants.<br />
Observers of the meeting shall be orderly and must restrain their<br />
conversation and movement so as to not interfere with the <strong>Board</strong><br />
meeting. Observers who speak out on matters being discussed<br />
without being called upon by the President, the presiding officer<br />
of the meeting, or the committee chair, or who leave the gallery<br />
area in order to cause a disturbance, or who cause any other<br />
disturbance shall be warned and asked to stop immediately by the<br />
meeting chair. Any observer who refuses this request or creates<br />
a second disturbance in the same meeting shall be removed from<br />
the meeting.<br />
If a <strong>Board</strong> member wishes to defer to one member in the gallery<br />
for specific information or expertise on an issue, he or she may<br />
do so.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 19<br />
<strong>Policy</strong> Name:<br />
<strong>Board</strong> Agenda Topics<br />
Effective Date: August 17, 2008<br />
The <strong>Board</strong> of Directors recognizes the right of members to request<br />
that a particular matter be discussed by the <strong>Board</strong> or its<br />
committees. However, any mechanism for placing topics on the<br />
agenda of a <strong>Board</strong> or committee meeting must also recognize the<br />
need of the President, committee chairs and the <strong>Board</strong> to receive<br />
adequate notice that such topics will be discussed. In<br />
particular, attention must be paid to the meeting the deadlines<br />
for the mailing containing the reports and agenda sent to <strong>Board</strong><br />
members prior to each <strong>Board</strong> meeting.<br />
Therefore, except in the case of emergencies, requests for topics<br />
to be placed on the <strong>Board</strong>’s agenda must be received in writing no<br />
less than 15 days prior to the <strong>Board</strong> meeting. In the case of an<br />
emergency issue, received less than 15 days prior to the <strong>Board</strong><br />
meeting shall be included in the agenda at the discretion of the<br />
President or committee chairs. Emergencies defined for the<br />
purpose of this policy as an abnormal or reasonably unforeseeable<br />
occurrence.<br />
Furthermore, the President shall send an official notice of <strong>Board</strong><br />
meetings to all chapters at least 30 days prior to each regular<br />
<strong>Board</strong> of Directors meeting. This notice shall remind the<br />
chapters of the agenda policy and shall state the deadlines for<br />
receiving agenda items.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 20<br />
<strong>Policy</strong> Name:<br />
Corrections Captivity Insurance Plan<br />
Effective Date: August 17, 2008<br />
Purpose: To establish a members-only benefit for <strong>OCSEA</strong> members<br />
within the Department of Rehabilitation and Corrections (and<br />
other appropriate departments or chapters, after approval by<br />
their assemblies, if any) to be financed out of the chapter<br />
rebates for such members. This Captivity Insurance Plan provides<br />
a lump-sum payment equal to one-half the employee’s annual salary<br />
in the event an employee is taken captive (12-hours during 1 st<br />
year; 8-hours thereafter) or two year’s salary in the event of<br />
total disability or death. Additionally, the plan provides a<br />
$10,000 accidental death benefit for employees killed on the job.<br />
Background: As is all too frequently reported in the local and<br />
national news, employees of correctional facilities are at<br />
continual risk of being taken hostage by the inmates of such<br />
facilities. Even when such captivity does not lead to serious<br />
injury or death, the trauma of such events is extreme and<br />
employees often are unable to resume full duties and<br />
effectiveness.<br />
New York Council 82 and other AFSCME affiliates round the country<br />
are beginning to respond to this unusual risk on the part of<br />
Corrections employees by offering a special insurance plan<br />
underwritten by Lloyds of London and offered through Jardine<br />
Group Services Corporation.<br />
The Plan has been discussed with the Correction Assembly and is<br />
reported to have widespread support among corrections chapters.<br />
It can be offered as a members-only benefit, which will be of<br />
benefit to membership recruitment within corrections.<br />
Additionally, we can become the exclusive source for such<br />
insurance from Lloyds, giving us some advantage in competition<br />
with FOP. It is possible that such a plan will also be<br />
attractive to other <strong>OCSEA</strong> groups, such as DYS.<br />
The cost of the Plan is very modest on an employee-per-year<br />
basis. Premiums can be paid on a quarterly basis. The
Corrections Assembly agrees that the cost of this Plan could be<br />
deducted from chapter rebates.<br />
1. Initial and subsequent premium payments for this membersonly<br />
benefit will be paid out of the regular Chapter rebate<br />
on a quarterly basis.<br />
2. The Executive Director is authorized, as directed by the<br />
State <strong>Board</strong> of Directors, to obtain captivity insurance<br />
coverage as outlined above.<br />
3. In the event a chapter objects to the premium payment above,<br />
a mail ballot referendum shall be conducted among all<br />
eligible members within the chapter, with a majority of the<br />
votes cast determining the outcome.<br />
4. Any proposed change in the plan shall be brought before the<br />
<strong>Board</strong> for approval.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 21<br />
<strong>Policy</strong> Name:<br />
Subordinate Body Fair Share Fee Calculations<br />
and Rebates to Dissenting Fair Share Fee<br />
Payers<br />
Effective Date: October 18, 2008<br />
Purpose: To ensure compliance with legal standards and AFSCME<br />
procedures relative to the calculation of and challenges to fair<br />
share fee payments made by fair share fee payers within <strong>OCSEA</strong><br />
bargaining units.<br />
Background: The courts have continued to develop stringent<br />
standards for the assessment of fair share type fees against fair<br />
share fee payers, insisting upon full and adequate advance notice<br />
to the fair share fee payer, as well as guarantees that such fair<br />
share fee payers will not have to contribute financially to<br />
political or ideological union activities to which they object.<br />
We are now required to provide detailed financial information and<br />
calculations to fair share fee payers prior to assessing a fair<br />
share fee, and to provide a prompt and impartial appeal system<br />
for fair share fee payers.<br />
Under the most recent U.S. Supreme Court decision on this<br />
subject, the court severely restricted the chargeability of<br />
legislative, public affairs and legal activities, which may be<br />
charged to a dissenting fair share fee payer. This decision,<br />
coupled with the Hudson case of a few years ago, means that <strong>OCSEA</strong><br />
subordinate bodies would have to adopt very detailed and complex<br />
accounting procedures, subject to independent audit, in order for<br />
our fees to remain legal. Further, under these legal standards,<br />
we would have to calculate a separate fair share fee amount for<br />
each of the about 180 subordinate bodies – an unduly burdensome<br />
and expensive prospect.<br />
Therefore, subordinate body fair share fee payments shall be<br />
fully refunded to dissenting fair share fee payers.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 22<br />
<strong>Policy</strong> Name:<br />
Sexual Harassment <strong>Policy</strong><br />
Effective Date: October 18, 2008<br />
Sexual and Other Forms of Harassment<br />
The Ohio Civil Services Employees Association, AFSCME Local 11,<br />
AFL-CIO, is committed to maintaining a work environment which is<br />
free from all forms of harassment and intimidation, including but<br />
not limited to sexual harassment and intimidation. Harassment<br />
and intimidation of whatever nature undermines the integrity of<br />
the employment relationship and all employees are entitled to<br />
work in an environment free from behaviors on the part of coworkers,<br />
supervisors and members which create a hostile or<br />
offensive work climate, debilitates morale, involves unwelcome<br />
sexual comments or overtures, or otherwise interferes with work<br />
effectiveness of <strong>OCSEA</strong> employees. Sexual harassment is a<br />
particularly unwelcome and illegal behavior on the part of<br />
employee, supervisor or member.<br />
“Sexual harassment” means unwelcome sexual attention, whether<br />
verbal or physical that affects an employee’s job conditions or<br />
creates a hostile working environment. This includes sex<br />
oriented verbal “kidding,” or telling of lewd jokes, the display<br />
of sexuality suggestive or explicit materials, as well as subtle<br />
or over sexual advances such as patting, touching, brushing<br />
against another’s body, and requests for sexual involvement,<br />
especially when accompanied by implied or over promises of<br />
preferential treatment or threats related to an individual’s<br />
employment status or conditions.<br />
Other forms of harassment include the display of behavior by one<br />
person toward another, which has the purpose of effect of<br />
unreasonably interfering with an individual’s job performance or<br />
creates an intimidating, hostile or offensive work environment.<br />
Behaviors of a harassing or intimidating nature have no sanction<br />
within OCSA AFSCME Local 11.<br />
To ensure that all employees and leaders are aware of <strong>OCSEA</strong><br />
policy in this area, a copy of this <strong>Policy</strong> Statement shall be<br />
distributed to all employees, officers and members of the <strong>Board</strong>
of Directors. New employees shall receive a copy of this policy<br />
as part of their orientation and a copy shall be included in the<br />
<strong>Board</strong> Policies book for the benefit of new <strong>Board</strong> members.<br />
Responsibilities<br />
The responsibility for eliminating harassment in the work place<br />
rests with the employer and its supervisors, including the<br />
Executive Director, Officers, and <strong>Board</strong> of Directors. However,<br />
because such harassment would not be the result of formal or<br />
official action on the part of the employer or its agents,<br />
persons who find themselves the target of such harassment should<br />
notify their supervisor or file a formal complaint in accordance<br />
with the procedures set forth below in order to protect their<br />
rights and ensure that the employer has an opportunity to correct<br />
the offensive situation. The following procedures are<br />
recommended.<br />
Harassed Employee<br />
1. Clearly explain to the person(s) harassing you what behavior<br />
you find objectionable and ask that it cease.<br />
2. If the behavior does not cease, keep written record of the<br />
instances of harassment and the names of any persons who<br />
witnessed the situation.<br />
3. Concurrently, if the behavior has not ceased, follow the<br />
complaint procedures set forth below.<br />
Officer or <strong>Board</strong> Member<br />
1. Promptly advise the Executive Director of the circumstances<br />
made known to you.<br />
2. Assist in the investigation of each complaint as requested<br />
by the Executive Director.<br />
3. If the matter is not resolved, ensure that a formal<br />
complaint is initiated pursuant to the following procedures.<br />
Supervisors<br />
1. Promptly investigate each complaint or notice of harassment.<br />
2. Notify the Executive Director of the nature of the complaint<br />
and the results of your investigation.<br />
3. Ensure that prompt action is taken to eliminate the<br />
harassment.
Complaint Procedure<br />
Informal. Any employee who has complaint about harassment may<br />
bring it to the attention of his/her supervisor or any Department<br />
Head or member of the Executive Staff in an attempt to reach a<br />
satisfactory resolution of the situation without further action.<br />
Formal. If informal efforts to resolve the situation are not<br />
satisfactory, any employee may submit a written complaint to the<br />
Executive Director. The written complaint should set forth the<br />
nature of the harassment, the fact surrounding it, and the remedy<br />
requested. Complaints must be submitted within a reasonable<br />
period of time after the occurrence of the harassment, but not<br />
later than 45 days after the incident(s).<br />
Investigation Procedure<br />
Within three days of receipt of a complaint, the Executive<br />
Director shall commence or cause an investigation of the<br />
situation. Within 20 working days of the complaint, the Executive<br />
Director shall provide a written response to the complainant<br />
outlining the results of the investigation and the nature of<br />
action(s) taken as a result of those findings.<br />
Employees may utilize the attached form or other written format<br />
to file a formal complaint.<br />
Basis for Disciplinary Action<br />
All forms of harassment may be a basis for disciplinary action<br />
against an employee of the union, up to and including discharge.<br />
Harassment on the part of an officer, board member or member may<br />
be referred to the Judicial and Internal Affairs Committee for<br />
appropriate action.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 23<br />
<strong>Policy</strong> Name:<br />
Affirmative Action <strong>Policy</strong><br />
Effective Date: October 18, 2008<br />
The Ohio Civil Service Employees Association, AFSCME Local 11,<br />
AFL-CIO, is committed to the elimination of discriminatory<br />
barriers in employment and to the premise that all workers should<br />
be permitted to fairly compete for employment and promotions<br />
without regard to race, color, religion, sex, sexual preference,<br />
national origin or age (40 years or more) or veterans status<br />
(Vietnam era, desert storm/shield or disabled). In order to<br />
fulfill this commitment, <strong>OCSEA</strong> establishes the following<br />
Affirmative Action <strong>Policy</strong> with respect to its internal employment<br />
practices and will maintain effective vigilance with respect to<br />
similar Affirmative Action Plans, which affect its members.<br />
Objective It is the objective of the <strong>OCSEA</strong>, AFSCME Local 11, AFL-<br />
CIO Affirmative Action <strong>Policy</strong> to promote the achievement of<br />
race/gender balances within the regular full-time <strong>OCSEA</strong> work<br />
force, which are closely comparable to the race/gender balance of<br />
the general Ohio work force, at all levels of the table of<br />
organization.<br />
All <strong>OCSEA</strong> postings or solicitations of employment shall include<br />
an “equal opportunity employer” statement and use nondiscriminatory,<br />
non-sexist language. Additionally, all <strong>OCSEA</strong><br />
publications and materials shall endeavor to portray protected<br />
class persons in a positive, balanced manner.<br />
Procedure The Executive Director of <strong>OCSEA</strong> will develop an<br />
Affirmative Action Plan. Specific goals and timetables to<br />
achieve this plan will be adopted. When a vacancy occurs in a<br />
permanent position, recruitment efforts and selection procedures<br />
shall include an examination of the existing and potential<br />
race/gender balance within the work unit or employment level<br />
involved. Where an imbalance exists or is likely to result,<br />
<strong>OCSEA</strong> shall make direct efforts to search for qualified protected<br />
class applicants through the mailing of job announcements to<br />
targeted populations or organization, such as universities or<br />
trade schools, small community or ethnic newspapers and community<br />
organizations such as the Urban League.
The following work units will be utilized in determining<br />
race/gender balance:<br />
Managerial – Occupations in which employees set broad policies,<br />
exercise overall responsibility for execution of these policies,<br />
or direct individual departments or special phases of the<br />
agency’s operations or provide specialized consultation on a<br />
regional, district or area basis.<br />
Professional – Occupations which require specialized or<br />
theoretical knowledge, which is usually acquired through college<br />
training or through work, experience or other training which<br />
provides comparable knowledge.<br />
Para-Professional – Occupations in which workers perform some of<br />
the duties of a professional or technician in a supportive role,<br />
which usually require less formal training and/or experience<br />
normally required for professional or technical status. Such<br />
positions may fall within an identified pattern of staff<br />
development and promotion under a “New Careers” concept.<br />
Technical – Occupations which require a combination of basic<br />
scientific or technical knowledge and manual skill which can be<br />
obtained through specialized post secondary school education or<br />
through equivalent on the job training.<br />
Office/Clerical (Administrative Support) – Occupations in which<br />
workers are responsible for internal and external communication,<br />
recording and retrieval of data and/or information and other<br />
paperwork required in an office.<br />
Maintenance Services – Occupations in which workers perform<br />
duties which result in or contribute to the comfort, convenience,<br />
hygiene or safety of the general public or which contribute to<br />
the upkeep and care of buildings, facilities or grounds of<br />
property.<br />
It is understood that Affirmative Action does not compel the<br />
hiring of specific numbers of protected class persons, nor does<br />
it suggest that <strong>OCSEA</strong> must lower its standards of employment in<br />
order to achieve balance. Affirmative Action does, however,<br />
require an employer to aggressively pursue methods for achieving<br />
desired goals, including recruitment and training efforts.<br />
Accordingly, whenever a position is filled which does not resolve<br />
or improve an imbalance, the supervisor make the final<br />
appointment decision shall provide a written statement to the<br />
Executive Director and the Affirmative Action Committee as to the<br />
recruiting methods employed to achieve balance in the case and<br />
the reason(s) a protected class employee was not selected.
The Executive Director shall report annually to the <strong>Board</strong><br />
regarding progress in achieving Affirmative Action goals.<br />
Affirmative Action Committee<br />
The Executive Director shall appoint an Affirmative Action<br />
Committee for purposes of advising him/her with respect to<br />
progress in meeting internal affirmative action goals.<br />
Additionally, this Committee shall review Affirmative Action<br />
Plans received from state and other employing agencies and<br />
recommend strategies which the union may pursue to improve the<br />
attainment of affirmative action goals in the work places of<br />
<strong>OCSEA</strong> members.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 24<br />
<strong>Policy</strong> Name:<br />
Subordinate Body’s Failure To File Financial<br />
Statements Required To Receive Rebates<br />
Effective Date: June 20, 2009<br />
The following policy is to be applied to all Subordinate Bodies<br />
who fail to comply with the <strong>OCSEA</strong> Constitution and By-laws by<br />
failing to file quarterly statements with the state headquarters<br />
in the manner prescribed by the <strong>Board</strong>. The Comptroller shall<br />
notify the Secretary-Treasurer, in writing, with copies to the<br />
Executive Committee, assigned <strong>Board</strong> member and staff<br />
representative. The Secretary-Treasurer shall be responsible for<br />
ensuring compliance with the timeframes and requirements of this<br />
policy.<br />
I. Upon the subordinate body’s failure to file the quarterly<br />
financial statements and comply with the Constitutional<br />
requirements for two (2) consecutive quarters, the following<br />
action shall be taken:<br />
A. The state board member and the staff representative<br />
assigned to the subordinate body shall be sent a letter<br />
advising them that the subordinate body has failed to<br />
file quarterly financial statements necessary to obtain<br />
rebates for two (2) consecutive quarters. Copies of<br />
the blank forms required to be completed in order to<br />
comply with <strong>OCSEA</strong>’s Constitution are available on the<br />
<strong>OCSEA</strong> website and/or can be obtained from the<br />
Comptroller’s Office.<br />
B. The staff representative shall be responsible for the<br />
following:<br />
1. Obtaining the necessary forms to use in applying<br />
for rebates;<br />
2. Assisting the subordinate body in completing the<br />
rebate forms; and<br />
3. Contact the Comptroller and advise the subordinate<br />
body’s failure to meet any other criteria set<br />
forth in the <strong>OCSEA</strong> Constitution and By-laws, which
will keep the subordinate body from maintaining<br />
active status.<br />
C. The state board member shall be responsible for the<br />
following:<br />
1. Contact the subordinate body officers to verify<br />
that steps are being taken to bring the<br />
subordinate body back into compliance with the<br />
Constitution and the potential consequences of<br />
continued non-compliance;<br />
2. Contact the Comptroller and advise of the<br />
subordinate body’s failure to meet any other<br />
criteria set forth in the <strong>OCSEA</strong> Constitution and<br />
By-laws which keeps the subordinate body from<br />
maintaining active status; and<br />
3. Ensure that the Comptroller’s signature is on the<br />
subordinate body’s bank account(s).<br />
II.<br />
Upon the subordinate body’s failure to file the quarterly<br />
financial statements to comply with the Constitutional<br />
requirements for three (3) consecutive quarters, the<br />
following action shall be taken:<br />
A. Written notice of such failure will be provided to the<br />
assigned state board member, staff representative and<br />
Executive Director.<br />
B. After 30 days, if the issues have not been resolved,<br />
the subordinate body will be recommended for oversight<br />
or possible trusteeship.<br />
C. If necessary, all funds and assets of the subordinate<br />
body will be placed under the control of the <strong>OCSEA</strong><br />
Secretary-Treasurer.<br />
D. The State President shall:<br />
1. Review the situation to determine if trusteeship<br />
would contribute to the resolution of underlying<br />
problems. If such action is required, action will<br />
be taken in accordance with the Constitution.<br />
2. Assign a state board member or officer to assist<br />
and advise in the conduct of any elections, the<br />
filing of any vacancies and the resolution of any<br />
structural problems that are hindering the<br />
operation of the subordinate body.
3. Coordinate the mailing of written notice to all<br />
current members of the subordinate body to advise<br />
the members that trusteeship or oversight of the<br />
subordinate body is possible. The notice will<br />
state the date the subordinate body could possibly<br />
be deactivated if appropriate. The cost of such<br />
mailing shall be borne by the subordinate body.<br />
III. Upon the subordinate body’s failure to file the quarterly<br />
financial statements and comply with the Constitutional<br />
requirements for four (4) consecutive quarters, the<br />
following action shall be taken unless the trusteeship has<br />
already been imposed pursuant to the <strong>OCSEA</strong> Constitution:<br />
A. The subordinate body shall be deactivated, members of<br />
the deactivated subordinate bodies will be reassigned<br />
pursuant to the <strong>OCSEA</strong> Constitution and By-laws. Each<br />
member of the deactivated subordinate body shall be<br />
assigned to an active subordinate body whose members<br />
most closely have a community of interest with the<br />
department, work location or working conditions of the<br />
employee.<br />
B. All documents and property of the subordinate body<br />
shall become and remain the property of <strong>OCSEA</strong>. Any<br />
funds to the credit of or in the possession of the<br />
subordinate body shall be transferred on a prorated<br />
basis to the subordinate body to which the members have<br />
been assigned.<br />
C. The subordinate body may be reactivated at a future<br />
date pursuant to <strong>OCSEA</strong>’s By-laws.<br />
D. Per the <strong>OCSEA</strong> State Constitution Article XII, Section<br />
3, a request for subordinate body refunds more than<br />
four (4) quarters in arrears shall not be honored.<br />
IV. Disputes concerning timelines shall be referred to the<br />
Judicial and Internal Affairs Committee (JIAC) for<br />
recommendation to the <strong>Board</strong> of Directors, whose decisions in<br />
the matter are final.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 25<br />
<strong>Policy</strong> Name:<br />
Term of Labor-Management Committee<br />
Appointments<br />
Effective Date: February 21, 2009<br />
Background: Historically, appointments to statewide labormanagement<br />
committees have been made for an indefinite period and<br />
without regard to the relationship between the statewide<br />
committee and district-level committees within the same agency.<br />
This has led to individual resentment when changes have been made<br />
to the committee membership in an effort to involve additional<br />
union activities or because of changing issues and leadership.<br />
Additionally, the lack of direct linkage between statewide and<br />
district committees has resulted in erratic sharing of<br />
information and ineffective utilization of union power and<br />
resources.<br />
Discussion: Labor-Management committees exist to promote improved<br />
communication, working relationships and problem-solving<br />
effectiveness between labor and management at the agency level.<br />
Where agencies have a district or regional structure, the<br />
contract provides for balanced committees at that level too.<br />
Given the fact that district committees are mandated to meet at<br />
least four times per year, while the statewide committee is<br />
mandated to meet only twice per year, it can be argued that the<br />
district-level committee is the “working” level of the current<br />
LMC structure. The need for effective communication and linkage<br />
between district and statewide committees is obvious.<br />
No committee appointment should be regarded as a lifetime<br />
appointment. It is often appropriate to change membership on a<br />
committee, whether to accommodate the interests of the members,<br />
meet a policy objective of the union or merely to involve<br />
additional union activists in a meaningful way. The absence of a<br />
definite “term” for committee appointments requires the “removal”<br />
of a current committee member in order to involve a new member.<br />
This sense of “removal” understandably can lead to hurt feelings<br />
and adverse reactions.<br />
By establishing a time certain for the end of a committee<br />
appointment at the time it is made, we can reduce the notion of
proprietorship (or politics) with regard to changes in committee<br />
make up. Additionally, by establishing a structural relationship<br />
between the statewide and district or regional committees, we<br />
will strengthen continuity in union objectives and communication.<br />
Recommendation: Statewide labor-management committee appointments<br />
shall expire upon expiration of the contract under which the<br />
appointment was made or upon the appointment of a successor,<br />
whichever occurs later.<br />
When establishing a statewide committee where district or<br />
regional committees for the same purpose exist, to the extent<br />
practicable and permitted by committee size limits, the statewide<br />
committee shall include a representative from each district or<br />
regional committee. In appointment a statewide committee under<br />
these situations, an effort will be made to select persons<br />
recommended by the district or regional committee, with<br />
appropriate consideration for gender, race, sex, occupational and<br />
geographic balance on the statewide committee with approval of<br />
the <strong>OCSEA</strong> President.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 26<br />
<strong>Policy</strong> Name:<br />
Contracts<br />
Effective Date: June 20, 2009<br />
I. Contracts<br />
A. All <strong>OCSEA</strong> contractual agreements involving financial<br />
obligations or services must be approved and signed by<br />
the President or Executive Director and the Secretary-<br />
Treasurer or Comptroller. At least two signatures must<br />
be placed on all contracts.<br />
B. All contracts will be maintained in the office of the<br />
Comptroller.<br />
C. Copies of any contracts, significant in nature,<br />
negotiated between State <strong>Board</strong> of Directors’ meetings,<br />
will be provided at the request of the <strong>Board</strong> Member.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 27<br />
<strong>Policy</strong> Name:<br />
New <strong>OCSEA</strong> <strong>Board</strong> Member Orientation<br />
Effective Date: December 6, 2008<br />
After the annual board elections, but prior to the first board<br />
meeting thereafter, all newly-elected board members will receive<br />
a one-day orientation at the expense of <strong>OCSEA</strong> for the purpose of<br />
familiarizing them with the role of a board member at the<br />
chapter, district council, assembly and board level meetings.<br />
The new board members will also be introduced to pertinent<br />
paperwork including, but not limited to, board reports, expense<br />
forms, swearing in forms, etc. They will also review current<br />
<strong>Board</strong> Policies, the AFSCME Election Manual, <strong>OCSEA</strong> Election<br />
Procedures and the <strong>OCSEA</strong> Constitution. Additionally, new board<br />
members will receive training in Robert’s Rules of Order<br />
(Parliamentary Procedure), problem solving and <strong>OCSEA</strong>’s internal<br />
structure.<br />
New board member orientation will be held annually as stated<br />
above with board members elected in special elections receiving<br />
their orientation at the next regularly scheduled orientation<br />
session.<br />
New <strong>Board</strong> Member Orientation – A One Day Training<br />
Suggested Agenda<br />
• Discuss the <strong>Board</strong> of Directors roles<br />
• Discuss governing and policy making<br />
• Discuss serving subordinate bodies<br />
• Discuss board expenses<br />
• <strong>OCSEA</strong> Staff Structure<br />
• Define legal requirements for <strong>Board</strong> of Directors<br />
• Discuss relationship between <strong>Board</strong> of Directors and <strong>OCSEA</strong><br />
staff<br />
• <strong>OCSEA</strong>’s Table of Organization<br />
• <strong>OCSEA</strong> Structure
• <strong>Board</strong> Policies<br />
• Strategic Plan<br />
• <strong>OCSEA</strong> Mobilizing Model<br />
• Election Procedures Fact Sheets<br />
• Labor History<br />
• Agreement between <strong>OCSEA</strong> and PERU<br />
• <strong>OCSEA</strong> Telephone Rosters<br />
• Forms – Oath of Office; Officers information, visitation<br />
report, quarterly rebate request, forms and guidelines, etc.<br />
• Union Power<br />
• QSTP<br />
• Privatization<br />
• Workforce Development
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 28<br />
<strong>Policy</strong> Name:<br />
Work Experience Programs<br />
Effective Date: December 6, 2008<br />
<strong>OCSEA</strong> AFSCME Local 11 supports realistic and meaningful work<br />
experience opportunities for young people and adults enrolled in<br />
WIA, SYETP or similar formal job training programs, provided that<br />
such work experience participants do not displace, replace or<br />
substitute for bargaining unit employees.<br />
Requests for utilization of work experience positions must be<br />
approved by the <strong>OCSEA</strong> Executive Director. In assessing whether or<br />
not to approve such requests, the Executive Director will consult<br />
with the affected chapter and assembly president(s). Requests for<br />
utilization of work experience positions will not be approved if<br />
significant layoffs, displacements or job abolishments have<br />
occurred in the same agency or geographic jurisdiction set forth<br />
in Appendix J of the <strong>OCSEA</strong> agreement, or if such positions result<br />
in the layoff or displacement of current bargaining unit<br />
employees. Conversely, requests will be approved where no<br />
employees have been laid off, displaced or abolished in the<br />
geographic jurisdiction; or minimal layoff, displacement or job<br />
abolishments have occurred and it is determined that the use of<br />
work experience positions will not adversely affect the recall<br />
rights and opportunities for such individuals.<br />
As a condition of approval and participation, <strong>OCSEA</strong> shall require<br />
that all applicable EEO, ADA, Affirmative Action and Health and<br />
Safety laws, rules, regulations and guidelines are adhered to in<br />
participant selection, director and administration of the job<br />
training program.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 29<br />
<strong>Policy</strong> Name:<br />
Budget <strong>Policy</strong><br />
Effective Date: June 20, 2009<br />
The proposed budget for the following fiscal year will be<br />
provided to the <strong>Board</strong> of Directors within one week prior to the<br />
December board meeting.<br />
Prior to the December board meeting, the Executive Committee,<br />
department heads and the Finance Committee will make themselves<br />
available for the Friday board training, at which time the board<br />
may ask questions regarding the budget. <strong>Board</strong> members will be<br />
allowed sufficient travel time to attend the special board<br />
training.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 30<br />
<strong>Policy</strong> Name:<br />
Conferences, Seminars and Conventions<br />
Effective Date: June 20, 2009<br />
Based upon past practice and future intent, the <strong>OCSEA</strong> annual<br />
budget will continue to allocate funds for wages and other<br />
related expenses to attend the following conventions:<br />
The AFSCME International Convention<br />
The Ohio AFL-CIO Biennial Convention<br />
The Ohio AFSCME Legislative Convention<br />
The <strong>OCSEA</strong> Biennial Convention is not listed above because all<br />
expenses are charged against the Convention Fund Reserve. Since<br />
the point eight five (.85%) percent of dues is a constitutional<br />
requirement; no other funds need be set aside for this function.<br />
Additionally, <strong>Board</strong> members who wish to attend other one day<br />
conferences sponsored by <strong>OCSEA</strong>, which do not include an overnight<br />
stay, will continue to be reimbursed for mileage and meals to<br />
attend those conferences by submitting the requests on the State<br />
<strong>Board</strong> of Directors Expense Vouchers. Conferences of this nature<br />
include, but are not limited to, the following:<br />
Stewards Conferences<br />
Leadership Conferences<br />
Building Union Power Conferences<br />
As with the <strong>OCSEA</strong> Biennial Convention, the President’s Conference<br />
is not included since these expenses are also charged against the<br />
Convention Fund Reserve, thereby eliminating the need for<br />
funding.<br />
The activity must be related to <strong>OCSEA</strong> concerns and may include<br />
such training and conferences such as:<br />
CMCA Conference<br />
WAC Conference<br />
AFL-CIO Workers Compensation School<br />
CBTU Convention<br />
Corrections United Conference
Any other Union related conference/seminar<br />
The following is an extension of these practices to allow board<br />
members to attend other educational seminars/conferences, the<br />
parameters of which are considered to be fair and equitable.<br />
I. Members of the <strong>OCSEA</strong> <strong>Board</strong> of Directors Standing Committees<br />
such as the CMCA and the WAC and those committees that have<br />
been established with overnight conferences will not have<br />
the attendance to their respective conferences counted<br />
against them towards the <strong>Board</strong> Education Fund.<br />
II. The <strong>Board</strong> member attending the conference must have a vested<br />
interest, purpose, or have constituents who have a vested<br />
interest or purpose in the conference.<br />
III. Requests to use education funds must be:<br />
A. Submitted to the Finance Committee for review to<br />
determine if the conference qualifies for the education<br />
fund monies.<br />
B. The request must be, in writing, with information which<br />
includes the name of the function, who is sponsoring<br />
the function, the total cost of the function, the cost<br />
of lost wages, the cost of meals/per diem, a summary of<br />
benefits to the Union, and the date and length of the<br />
function.<br />
IV. Actual expenses will not be paid from the request form. Any<br />
expense requested must have documentation presented. The<br />
<strong>Board</strong> Members can make their own travel arrangements and<br />
submit the receipts and other expenses on the proper forms.<br />
If the <strong>Board</strong> Member would like to have <strong>OCSEA</strong> make the<br />
arrangements for items such as airfare and lodging, this can<br />
be done through the President’s assistant and the cost will<br />
be charged against your education fund.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 31<br />
<strong>Policy</strong> Name:<br />
Petty Cash Fund<br />
Effective Date: June 20, 2009<br />
It is recommended that <strong>OCSEA</strong> subordinate bodies avoid<br />
establishing a petty cash fund. However, this is not always<br />
possible because of the growing need for funds by stewards,<br />
subordinate body officers and members to file grievances and/or<br />
other relevant materials by certified mail or fax. Therefore,<br />
when a genuine need exists to ease these kinds of financial<br />
burdens, which could become significant over a short period of<br />
time, this type of fund may be created.<br />
If a subordinate body must have a petty cash fund, the following<br />
recommendations and procedures, which are in accordance with the<br />
AFSCME Financial Standards Code and the <strong>OCSEA</strong> Treasurer’s Manual,<br />
should be implemented.<br />
1. Petty cash funds should only be used to pay for items that<br />
have been approved by either the Executive <strong>Board</strong> or the<br />
general membership of the body.<br />
2. The Petty Cash Fund is to be maintained by the body’s<br />
treasurer.<br />
3. The Petty Cash Fund shall not exceed $50.00.<br />
4. All checks written to petty cash should be written to the<br />
person in charge of the Petty Cash Fund.<br />
5. All expenditures from petty cash funds shall be supported by<br />
receipts. The person in charge of the Petty Cash Fund shall<br />
maintain all petty cash receipts in the same manner as<br />
receipts are kept for other expenditures.<br />
6. When the Petty Cash Fund needs replenishing, all petty cash<br />
receipts should be added together, attached to a voucher and<br />
presented for payment like all other subordinate body<br />
expenses. A check should be issued to the Petty Cash Fund<br />
for the total amount of the receipts. In other words, do<br />
not write another check for $50.00 unless the $50.00 Petty<br />
Cash Fund has been totally depleted. Please refer to the
example of a petty cash record. The object is to bring the<br />
fund back to its original amount. There should never be<br />
more receipts and/or cash than the original start up amount<br />
of the petty cash.<br />
7. The Petty Cash Fund should only be funded by checks issued<br />
by the subordinate body. Miscellaneous cash refunds or<br />
change should be deposited back into the subordinate body’s<br />
accounts and properly identified on the treasurer’s report<br />
and financial statements.<br />
Example of Petty Cash Fund Record<br />
Transaction<br />
Receipt<br />
Description Date Amount Paid To Attached<br />
Balance<br />
Petty Cash Start Up 3/15/95 $50.00 Petty Cash Yes<br />
$50.00<br />
Stp. 3 Grievance Postage 4/4/95 - 2.39 John Brown Yes<br />
$47.61<br />
Certified Mail to OCB 4/12/95 - 10.91 Rachel Evans Yes<br />
$36.70<br />
Paper for Newsletter 4/14/95 - 8.76 Mary Smith Yes<br />
$27.94<br />
50 Stamps 4/20/95 - 16.00 Roy Rogers Yes<br />
$11.94<br />
Reimbursement of Petty Cash<br />
Petty Cash Fund 4/30/95 $38.06 Fund<br />
Check #1840 N/A $50.00<br />
Attached for your use is a copy of a Petty Cash Fund Record to<br />
assist you in keeping track of the body’s Petty Cash Fund. If<br />
you have any questions regarding petty cash funds, please contact<br />
either Geri Kaparos or Karla Cobel at 614/865-4700 or at the toll<br />
free number 1-800-969-4702.
<strong>OCSEA</strong> PETTY CASH FUND RECORD FOR SUBORDINATE BODIES<br />
Subordinate<br />
Body<br />
Identification______________________________________<br />
(chapter, district council or assembly<br />
name and number)<br />
Petty Cash Record for the Period __________________ through<br />
__________<br />
(beginning date)<br />
(ending date)<br />
Receipt Petty Cash<br />
Description Date Amount Paid To Attached<br />
Balance<br />
When the Petty Cash Fund needs replenishing, all petty cash<br />
receipts should be added together, attached to a voucher and<br />
presented for payment like any other subordinate body expenses.<br />
A check should be issued to the petty cash fund for the total<br />
amount of the receipts. In other words, do not write another<br />
check for $50.00, unless the $50.00 of the fund has been totally<br />
depleted. If the petty cash fund has been depleted to $5.00 then<br />
a check should be written for $45.00 to bring the account back to<br />
the original start up amount of $50.00. The object is to bring<br />
the fund back to its original amount. There should never be more<br />
receipts and/or cash than the original start up amount of the<br />
petty cash. If you have any questions regarding petty cash<br />
funds, please contact either Geri Kaparos or Karla Cobel at<br />
614/865-4700 or at the toll free number 1-800-969-4702.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 32<br />
<strong>Policy</strong> Name:<br />
Impact Bargaining Negotiating Teams<br />
Effective Date: April 11, 2009<br />
Background: With the increase in impact bargaining<br />
circumstances, staff have asked that we confirm procedures being<br />
used to establish the rank and file bargaining teams who are<br />
responsible for decision-making during the course of impact<br />
negotiations. In almost every circumstance, impact bargaining<br />
realities are such that there is little opportunity to engage in<br />
the extensive Union Pride notification and input solicitation<br />
which precedes regular negotiations. Further, these<br />
circumstances make the election of negotiating team members<br />
almost impossible to achieve.<br />
In the situations which have occurred to date, impact bargaining<br />
teams have been spontaneously created by the agency assembly or<br />
Labor-Management Committee, or appointed by the Executive<br />
Director.<br />
Recommendation: All impact bargaining (e.g., mid-term<br />
negotiations with an employer which may result in a modification<br />
to existing terms of the collective bargaining agreement and/or<br />
implementation of new collective bargaining terms) shall be under<br />
the direction of a Chief Spokesperson and rank and file<br />
negotiating team appointed by the Executive Director.<br />
Negotiating team appointments shall be subject to final approval<br />
by the <strong>OCSEA</strong> Executive Committee. The Chief Spokesperson shall<br />
be responsible for all administrative and technical details of<br />
the bargaining, the negotiating team shall be responsible for<br />
approving overall strategy and tentative agreements and ensuring<br />
good two-way communication with the membership, whether or not<br />
ratification will be required.<br />
In appointing members to the negotiating team, the Executive<br />
Director and the Executive Committee will be guided by the scope<br />
and complexity of the issues to be addressed, advice from the<br />
elected leadership of the agency assembly, if any, affected<br />
chapter leadership (to be provided in writing when practicable),<br />
and statewide labor-management committee members, as well as the<br />
recommendations of the staff and operations director assigned to
that agency. The following factors will be considered in making<br />
such appointments:<br />
Leadership position and experience<br />
Negotiations experience<br />
Ability to participate<br />
Whether personally impacted by issue<br />
Representation factors like –<br />
Geography<br />
Assembly<br />
Chapters<br />
Classification<br />
Race, Gender
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 33<br />
<strong>Policy</strong> Name:<br />
Reporting of Leave Usage and Leave Conversion<br />
of State Officers<br />
Effective Date: April 11, 2009<br />
This policy has been developed to keep an accurate record of<br />
leave usage and leave conversion for <strong>OCSEA</strong> State Officers who are<br />
in either a full-time or part-time leave status for the Union.<br />
In the event an officer who is not an employee of the State of<br />
Ohio is elected to office, language should be modified to reflect<br />
the employer of the officer.<br />
Article 3.10 (of the Contract between the State of Ohio and the<br />
Ohio Civil Service Employees Association) – Union Leave,<br />
paragraph 2 reads: The President of <strong>OCSEA</strong>, AFSCME LOCAL 11, shall<br />
be placed on full-time administrative leave with pay to conduct<br />
union business. One additional officer, designated by the<br />
president may also be released and placed on full-time<br />
administrative leave with pay.<br />
However, Article III, Section 1 of the <strong>OCSEA</strong> Constitution<br />
currently reads: . . .“At the discretion of the State Officers<br />
and with the approval of the <strong>Board</strong>, the President may work up to<br />
full time for the union and the Vice President and Secretary-<br />
Treasurer may work up to one-half time for the union.<br />
I. General Reporting Requirements<br />
Any state officer who is in a full or part-time leave status<br />
from the state and is working in a part or full-time status<br />
for the Union shall complete and submit written reports on<br />
a bi-weekly basis to the Comptroller on the same schedule<br />
as the employer’s payroll.<br />
To assure leave balances are maintained properly, the<br />
officer will report to the Comptroller all leave used during<br />
a bi-weekly period. Regardless of the number of leave hours<br />
used or not used at the end of a pay period, the Comptroller<br />
will inform the state agency/employer in writing of all<br />
necessary deductions to leave balances.
It is the objective of the Union that a state officer in a<br />
full or part-time status will continue to accrue their<br />
normal vacation, sick leave, personal leave balances and<br />
maintain all other State benefits while working for the<br />
Union.<br />
II.<br />
Vacation Conversion<br />
If maximum accrual of vacation occurs and the officer is<br />
faced with a “use it or lose it” situation, the officer will<br />
instruct the Comptroller to inform the State in writing of<br />
the number of maximum accrued vacation hours the officer is<br />
to be reimbursed. <strong>OCSEA</strong> will reimburse the employer for the<br />
payment of maximum accrued vacation hours.<br />
If an officer on full-time release separates from state<br />
service, the officer will request the Comptroller to secure<br />
payment to the officer of any unused vacation leave by the<br />
State. If applicable, <strong>OCSEA</strong> will request the State to<br />
calculate the number of hours of vacation leave accrued<br />
while the officer was in a full-time release status for the<br />
Union. It is recommended that <strong>OCSEA</strong> reimburse the State the<br />
equivalent of the vacation leave conversion balance that was<br />
accrued during the time the officer was on full-time release<br />
for <strong>OCSEA</strong>. <strong>OCSEA</strong> will reimburse the employer for the<br />
payment of converted vacation balances received by the<br />
officer at the point of separation from state service.<br />
III. Personal Time Conversion<br />
During the pay period including December 1, the officer will<br />
inform the Comptroller of the intent to either be paid for<br />
or to carry forward personal leave balances. The<br />
Comptroller will then inform the State in writing this<br />
specific pay period of the intent of the officer.<br />
If an officer on full-time release separates from state<br />
service the officer will request the Comptroller to secure<br />
payment from the State, to the officer, of any unused<br />
personal time. <strong>OCSEA</strong> will reimburse the State for<br />
compensation made to the officer.<br />
IV.<br />
Sick Leave Conversion<br />
During the pay period including December 1, the officer will<br />
inform the Comptroller of his/her intent to either be paid<br />
any or all of sick leave balances at the proper rate or to<br />
carry forward sick leave balances. The Comptroller will<br />
then inform the State, in writing, during this specific pay<br />
period of the intent of the officer.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 34<br />
<strong>Policy</strong> Name: Deactivation of Chapter(s) and/or Assembly<br />
Based Upon the Abolishment of an Agency or<br />
Institution<br />
Effective Date: April 11, 2009<br />
1. The chapter consisting of the employees of the abolished<br />
agency shall be immediately deactivated, as of the date the<br />
abolishment of the agency becomes effective.<br />
2. All members of the deactivated chapter shall be reassigned<br />
to another chapter in accordance with the <strong>OCSEA</strong> Constitution<br />
and By-laws.<br />
3. Any funds in the possession of such deactivated chapter<br />
shall be transferred on a prorated basis to the chapter(s)<br />
to which the members have been assigned in accordance with<br />
<strong>OCSEA</strong>’s Constitution and By-laws.<br />
4. In conjunction with the order of the deactivation, of the<br />
chapter, all officer positions in the deactivated chapter<br />
are vacated.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 35<br />
<strong>Policy</strong> Name:<br />
Nepotism<br />
Effective Date: April 11, 2009<br />
No employee, contract or non-contract, shall be directly<br />
supervised by a member of his/her immediate family. “Immediate<br />
family” is defined for this purpose to include: spouse or<br />
significant other (“significant other” as used in this policy is<br />
defined to mean one who stands in place of a spouse and who<br />
resides with the employee), child, step-child, grandchild,<br />
parent, step-parent, grandparent, great-grandparent, brother,<br />
sister, step-sibling, mother-in-law, father-in-law, son-in-law,<br />
daughter-in-law, brother-in-law, sister-in-law or legal guardian<br />
or other person who stands in the place of a parent.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 36<br />
<strong>Policy</strong> Name:<br />
Media Contact<br />
Effective Date: February 20, 2010<br />
The following guidelines will be followed when selecting persons<br />
to serve as spokespersons or contacts for media outreach or<br />
response activities or as models for union leaflets and<br />
materials.<br />
1 All activities related to contact with news media regarding<br />
union-related issues or strategies should be coordinated<br />
with the <strong>OCSEA</strong> Communications Office whenever possible.<br />
Advance contact with the Communications Office permits<br />
coordination of the union’s activities related to the issue<br />
or strategy at stake, and maximizes our opportunities for<br />
successful communication of the union’s perspective.<br />
2. No individual is authorized to speak on behalf of <strong>OCSEA</strong><br />
without the express authorization of the <strong>OCSEA</strong> President,<br />
<strong>Board</strong> of Directors, and/or Executive Director. Similarly,<br />
no person is authorized to speak on behalf of an <strong>OCSEA</strong><br />
subordinate body unless they have been authorized to do so<br />
by the President or Executive <strong>Board</strong> of the subordinate body.<br />
3. When <strong>OCSEA</strong> media training has been offered to the chapter,<br />
assembly or district council involved in a media outreach or<br />
response activity, preference will be given by the <strong>OCSEA</strong><br />
Communications Office to using trained persons as rank-andfile<br />
spokespersons or contacts. Thus, persons designated by<br />
subordinate bodies for participation in media training are<br />
presumed to be able to serve in this capacity when the<br />
Communications Office needs such spokesperson(s). No fair<br />
share fee payer may be a spokesperson.<br />
4. In selecting individuals to act as union spokespersons, or<br />
for use in union promotional material, the <strong>OCSEA</strong><br />
Communications Office shall consult with the appropriate<br />
chapter, assembly, or district council president and staff<br />
representative to minimize the potential for unanticipated<br />
reactions or results. No individual who has claimed a<br />
rebate for dissenters in the preceding year shall be<br />
considered for such role in the absence of unusual
circumstances. In the event the Communications Office cannot<br />
make timely contact with the appropriate subordinate body<br />
president or staff representative, the Operations Director<br />
or Executive Director may approve the selection of<br />
individuals for these purposes.<br />
5. Whenever a media event or press conference is arranged, the<br />
Communications Office will provide reasonable advance notice<br />
to:<br />
• The <strong>OCSEA</strong> Executive Committee<br />
• Affected chapter and assembly presidents<br />
• <strong>Board</strong> members and district council presidents in the area<br />
where the media contact is occurring<br />
• Affected Operations Directors and Staff Representatives
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 37<br />
<strong>Policy</strong> Name: Procedure for Appeals Filed Pursuant to<br />
Article X, Section 4 of the <strong>OCSEA</strong><br />
Constitution<br />
Effective Date: February 20, 2010<br />
1. The committee shall be composed of nine (9) <strong>Board</strong> members<br />
mutually agreed upon by the involved staff member(s) and the<br />
<strong>OCSEA</strong> President.<br />
2. The President shall establish a panel consisting of fifteen<br />
(15) <strong>Board</strong> members. From this panel each party shall<br />
alternately strike names of the members of said panel until<br />
nine (9) names remain who shall constitute the committee to<br />
hear and decide the appeal(s).<br />
3. The <strong>OCSEA</strong> President shall appoint a chair from among the<br />
members of the committee.<br />
4. The location, time and date of the proceedings shall be set<br />
by the <strong>OCSEA</strong> President.<br />
5. Any party may be represented by counsel.<br />
6. The committee shall have the authority to conduct the<br />
proceedings in an orderly and professional manner. The<br />
committee shall have the right to appoint Sergeants at Arms<br />
for the duration of the proceedings, if necessary.<br />
Executive Session may be called by the committee in<br />
accordance with Robert’s Rules of Order at any time<br />
throughout the proceedings for the purpose of deliberations<br />
only.<br />
7. The appealing party(ies) shall first present witnesses,<br />
documents and other evidence and shall have the opportunity<br />
to cross-examine witnesses and rebut the evidence presented<br />
in opposition to the appeal(s). The committee shall afford<br />
full and equal opportunity to the Executive Director for the<br />
presentation of witnesses, documents and other evidence and<br />
to have the opportunity to cross-examine witnesses.
8. The parties may offer such evidence as is relevant and<br />
material to the appeal and shall produce such additional<br />
evidence, as the committee may deem necessary to an<br />
understanding and determination of the appeal(s). The<br />
committee shall be the judge of the relevance and<br />
materiality of the evidence offered. Conformity to legal<br />
rules of evidence shall not be necessary. All evidence<br />
shall be taken in the presence of the entire committee and<br />
all of the parties, except where any of the parties is<br />
absent, and therefore in default or has waived the right to<br />
be present. Exhibits may, when offered by either party, be<br />
received in evidence by the committee.<br />
9. Witnesses may be called by either party and shall be subject<br />
to cross-examination. The committee may receive and<br />
consider the evidence of witnesses by affidavit, giving it<br />
only such weight as deemed proper after consideration of any<br />
objection made to its admission.<br />
10. Upon completion of the proceedings, either party may request<br />
the opportunity to submit briefs. Briefs must be received<br />
at <strong>OCSEA</strong> within seven (7) calendar days of the close of the<br />
proceedings in order to be considered. Upon receipt of the<br />
briefs, if any, the committee shall meet in order to<br />
consider the evidence as presented and render a decision<br />
within fifteen (15) calendar days. The committee shall<br />
issue a final decision to the appealing party(ies) and the<br />
Executive Director. The final decision shall be reached by<br />
majority vote of the committee members to either deny or<br />
sustain the appeal. The decision shall be issued in writing<br />
by the chair. This decision shall be the final step in the<br />
grievance procedure, with no further appeal available.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 38<br />
<strong>Policy</strong> Name:<br />
Paid Release Time for Meetings<br />
Effective Date: February 20, 2010<br />
1. All members of the <strong>Board</strong> of Directors shall be reimbursed<br />
for lost time, which is necessary to conduct official <strong>OCSEA</strong><br />
business of subordinate body meetings to which they are<br />
assigned.<br />
A. Release Time<br />
Release time shall include round trip travel for all<br />
subordinate body (chapter, district and/or assembly)<br />
meetings occurring during the assigned board member’s<br />
regular working hours.<br />
B. Notification<br />
Advance notification to the President of <strong>OCSEA</strong> or<br />
his/her designee shall be required. Sufficient notice<br />
to <strong>OCSEA</strong> for the purpose of securing release time from<br />
the <strong>Board</strong> member’s agency shall be the responsibility<br />
of the <strong>Board</strong> member attending the meeting.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 39<br />
<strong>Policy</strong> Name:<br />
Minutes<br />
Effective Date: February 20, 2010<br />
All subordinate bodies shall submit a copy of the minutes of all<br />
meetings held during the quarter with their Quarterly Financial<br />
Statement. General membership meeting, special meeting and<br />
executive board meeting minutes must be submitted. If a<br />
Treasurer’s Report was given at the meeting, a copy of this<br />
report shall also be included. If any minutes are not submitted,<br />
no rebate will be paid for that quarter until all the minutes are<br />
received.<br />
Minutes do not have to be typed. If the subordinate body’s<br />
secretary is not present to take the minutes, the president shall<br />
appoint someone to take the minutes in his/her absence.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 40<br />
<strong>Policy</strong> Name:<br />
Memorandums of Understanding<br />
Effective Date: February 20, 2010<br />
Background: During the term of the collective bargaining<br />
agreement with the State of Ohio, <strong>OCSEA</strong> enters into a multitude<br />
of agreements with the State in order to protect the interests<br />
and rights of the employees included in the State Bargaining<br />
Units represented by <strong>OCSEA</strong>.<br />
It is the interest of <strong>OCSEA</strong> and its membership that a policy be<br />
developed so that a consistent and uniform procedure is in place<br />
for the approval of memorandum of understanding agreed to by the<br />
Union between negotiations for successor collective bargaining<br />
agreements.<br />
<strong>Policy</strong><br />
Non-Applicability of <strong>Policy</strong>.<br />
the following circumstances:<br />
This policy is not applicable to<br />
1. Agreements applicable to day-to-day operations;<br />
2. Agreements that pertain to any bargaining units not covered<br />
by the state-wide collective bargaining agreement;<br />
3. Any of the following:<br />
a. Last chance agreements;<br />
b. Any agreements entered into pursuant to Section 18.14<br />
of the collective bargaining agreement;<br />
c. Grievance settlements and grievance processing<br />
generally;<br />
d. Memorandum of understandings required by the collective<br />
bargaining agreement;<br />
e. Agreements specifically authorized by Article 35;
f. Agreements resulting form working out of classification<br />
grievances.<br />
Communication Plan. In every instance that a memorandum of<br />
understanding is approved pursuant to this policy, a<br />
communication plan shall be developed to insure that information<br />
is properly disseminated to and collected from all interested<br />
parties.<br />
The plan shall include the following elements at a minimum:<br />
1. Notice to affected employees;<br />
2. The opportunity for all affected employees to give input and<br />
feedback prior to the conclusion of negotiations;<br />
3. The means by which information shall be shared with<br />
applicable leadership;<br />
4. Specific assignment of responsibilities for execution of the<br />
plan.<br />
Standard for Ratification. Ratification by the affected<br />
bargaining unit membership will only be required when agreements<br />
are entered into by <strong>OCSEA</strong> that decrease rights under the<br />
collective bargaining agreement.<br />
Application of the Standard. The determination of whether the<br />
collective bargaining agreement has been modified and whether a<br />
ratification vote will be taken will be made by the following<br />
individuals:<br />
1. Ranking Leadership – If the issue involves a statewide<br />
issue, the assembly president shall serve as the ranking<br />
leadership representative. If the issue originates from a<br />
chapter or small number of chapters, the chapter<br />
president(s) shall serve as the representatives. If an<br />
assembly does not exist for a particular agency when a<br />
statewide issue is involved, the statewide labor/management<br />
committee members will serve as the ranking leadership<br />
representatives. If a statewide labor/management committee<br />
does not exist with respect to the agency involved, a<br />
special committee shall be appointed by the Executive<br />
Director and the Executive Committee for purposes of<br />
participating in the application of the standard and the<br />
formation of the ratification plan as set forth in this<br />
policy;<br />
2. Assigned staff representative;
3. Assigned Operations Director;<br />
4. General Counsel;<br />
5. Executive Director;<br />
6. Executive Committee.<br />
This group of individuals has the authority to call meetings with<br />
the affected bargaining unit membership.<br />
Ratification Plan. The ratification plan will be established by<br />
the individuals listed above who were involved in the<br />
determination that the ratification vote was required. The<br />
ratification plan will include documentation of the following:<br />
1. Who will vote;<br />
2. How the vote will be taken;<br />
3. How information will be provided to those voting prior to<br />
the vote.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 41<br />
<strong>Policy</strong> Name:<br />
<strong>OCSEA</strong> Hosted Assembly Web-Sites<br />
Effective Date: June 19, 2010<br />
Background: It is recognized that web sites are an effective,<br />
quick, broad based and relatively inexpensive means of<br />
communication. It is also recognized that subordinate bodies are<br />
made up of members from across the State who could benefit from<br />
the opportunity to have the immediate access to information that<br />
could be provided by subordinate body leadership through a web<br />
site. Making web sites available offers subordinate bodies<br />
another tool that allows the sharing of information and the more<br />
effective utilization of collective power and resources that<br />
comes from timely and adequate communication. The <strong>OCSEA</strong> Internet<br />
server has the capacity to act as an Internet web page host for<br />
subordinate bodies if they want to establish a web page through<br />
<strong>OCSEA</strong>’s servers.<br />
This policy is only applicable to subordinate bodies. <strong>OCSEA</strong><br />
shall establish a web-site in accordance with this policy for any<br />
subordinate body that submits a written request. After a written<br />
request is received, <strong>OCSEA</strong> and the subordinate body president<br />
shall sign a written agreement setting forth the terms of the<br />
service and the rights and obligations of the parties. After the<br />
paperwork is complete, <strong>OCSEA</strong> shall inform the subordinate body<br />
presidents of the time frame it deems will be necessary to set up<br />
the web-sites, based upon prioritization of its work. A copy of<br />
the minutes containing the motion to authorize expenditures for a<br />
website shall be provided to <strong>OCSEA</strong>. All costs associated with the<br />
website should be discussed prior to implementation.<br />
The subordinate body shall include a disclaimer on each web page<br />
indicating that the content is not necessarily reflective of<br />
<strong>OCSEA</strong>’s policy or opinion.<br />
The subordinate body shall be responsible for maintenance, set up<br />
and update of the pages placed on the web-site. <strong>OCSEA</strong> shall<br />
cover external costs associated with establishment of a domain<br />
name and maintenance of the server. <strong>OCSEA</strong> will review costs of<br />
this operation and will determine if it can continue to bear any<br />
costs associated with hosting web pages on behalf of the<br />
subordinate bodies. Thirty (30) days notice shall be provided to
the assembly president prior to charging the assembly for any<br />
services provided pursuant to this policy. Said charge shall be<br />
deducted from the Assembly’s rebate by the Comptroller.<br />
<strong>OCSEA</strong> shall maintain the right and discretion to terminate<br />
services without prior notice to the subordinate body. However,<br />
notice of the reason and date of termination shall be provided to<br />
the subordinate body president and designated administrator<br />
within ten (10) days of such termination.<br />
The subordinate body president shall designate to <strong>OCSEA</strong>, in<br />
writing, a subordinate body designee who shall be in charge of<br />
maintenance of the subordinate body’s web page with rights of<br />
exclusive access on behalf of the subordinate body,<br />
notwithstanding <strong>OCSEA</strong>’s rights to access the site as it deems<br />
necessary. Any changes in designee shall be communicated to<br />
<strong>OCSEA</strong> on a forthwith basis.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 42<br />
<strong>Policy</strong> Name:<br />
District Representatives<br />
Effective Date: June 19, 2010<br />
1) In the event a district fails to elect the number of <strong>Board</strong> of<br />
Director’s members to which it is entitled, a non-voting<br />
“District Representative” shall be authorized by the <strong>Board</strong> of<br />
Directors to meet the requirements of Article IV, §1(A) of the<br />
<strong>OCSEA</strong> State Constitution.<br />
2) The Representative shall fulfill all the duties of a member of<br />
the State <strong>Board</strong> as outlined in Article II of the State By-Laws<br />
and elsewhere within the Constitution. All appropriate<br />
expenses shall be paid pursuant to <strong>Board</strong> <strong>Policy</strong> #1 and <strong>OCSEA</strong><br />
State By-Laws Article II, Section 1 (E).<br />
3) Notice of this position shall be given to all active chapters<br />
within the affected district at least thirty (30) days prior<br />
to the board meeting at which the representative will be<br />
selected.<br />
4) Any active chapter within the affected District may provide an<br />
endorsement in writing, from a regular or special meeting, for<br />
any and all applicants.<br />
5) Any member interested in the position must meet the<br />
qualifications of Article IV, Section 3 of the <strong>OCSEA</strong> State<br />
Constitution, and any other applicable sections.<br />
6) Applicants must submit to the Judicial and Internal Affairs<br />
Committee the following items:<br />
A. A chapter endorsement obtained after notification of the<br />
position’s availability; and<br />
B. A short, signed narrative, indicating a willingness to<br />
serve and outlining his/her qualifications, experience<br />
and background in <strong>OCSEA</strong> activities.
7) The Judicial and Internal Affairs Committee will examine all<br />
applications and report to the <strong>Board</strong> of Directors the names of<br />
all qualified applicants. The <strong>Board</strong> of Directors will, by<br />
secret ballot, select an applicant to the position. Each <strong>Board</strong><br />
Member present may cast one vote and the applicant receiving<br />
the highest number of the votes cast shall be selected. In the<br />
event there is a tie among applicants with the highest number,<br />
a second vote shall be held. A second tie will be broken by<br />
the flip of a coin.<br />
8) A “District Representative” shall be eligible to serve the<br />
entire term unfilled by the District.<br />
9) In the event a “District Representative” shall be unable or<br />
unwilling to complete the term of office or shall become<br />
ineligible, the position shall be offered to the appropriate<br />
applicant with the next highest number of votes. In the event<br />
no other applicants remain, the procedure outlined in Items #1<br />
through #8 shall be invoked.<br />
10) A “District Representative” may be removed by a majority<br />
vote of the State <strong>Board</strong> of Directors present and voting.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 43<br />
<strong>Policy</strong> Name:<br />
Member’s Political Rebate<br />
Effective Date: April 17, 2010<br />
Background: The conscientious objector rebate problem has<br />
emphasized that many of our members are concerned that dues money<br />
is spent on partisan political activities. Even though we have<br />
expended considerable effort in the past communicating that S.B.<br />
8, passed in 1995, prohibits the spending of dues money on<br />
partisan political activities, significant confusion remains.<br />
Anger about the perceived spending of dues money is accentuated<br />
when <strong>OCSEA</strong> AFSCME endorsements are published.<br />
The Internal Organizing Committee feels it is important to<br />
continually to educate our members and leaders about this issue<br />
to reduce the number of people requesting rebates.<br />
Therefore, the following <strong>Board</strong> policy is proposed:<br />
Every time political endorsements are published, a disclaimer is<br />
issued that says that no dues money is spent on partisan<br />
political activities. The following language shall be used:<br />
“Pursuant to Senate Bill 8, passed in April 1995, <strong>OCSEA</strong>/AFSCME is<br />
not allowed to utilize dues money for partisan political<br />
campaigns. The information contained in this publication is<br />
intended solely for the education of members.”<br />
If appropriate, a second sentence should be added:<br />
information is not considered “partisan.”<br />
The above
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 44<br />
<strong>Policy</strong> Name:<br />
Subordinate Body Quarterly Rebates<br />
Effective Date: April 17, 2010<br />
Background: In 1974, AFSCME adopted Section IX, Article 10 as<br />
part of its International Constitution. Under this section,<br />
members who conscientiously objected to AFSCME’s partisan<br />
political or ideological activities were permitted to request the<br />
return of a proportionate amount of their dues paid. By virtue<br />
of our affiliation with AFSCME, this right was extended to<br />
members of <strong>OCSEA</strong>.<br />
The number of rebate requests from <strong>OCSEA</strong> members has steadily<br />
risen culminating in the payout of more than a quarter million<br />
dollars to more than 4,400 members in 1997. The Internal<br />
Organizing Committee was directed to examine avenues to decrease<br />
both the number of requests and the outflow of cash.<br />
A review of Article XIV, Section 5 of the <strong>OCSEA</strong> Constitution<br />
notes that “…all active members’ dues monies received…” are to be<br />
distributed according to the formula shown. In practice, the<br />
dues monies are actually reduced by the amount of rebates<br />
received by the individual member. Previously, this reduction<br />
was borne entirely by the general fund. However, given the<br />
substantial increase in the amounts involved, it has become<br />
necessary to adjust the calculations in order to reflect the<br />
overpayment to the subordinate bodies and to equitably distribute<br />
the losses.<br />
Therefore the following <strong>Board</strong> <strong>Policy</strong> was created.<br />
The following policy applies to all subordinate bodies of <strong>OCSEA</strong><br />
in regards to the quarterly rebates or dues distributions as<br />
provided for under Article XII, Sections 2 through 5 of the <strong>OCSEA</strong><br />
State Constitution.<br />
Quarterly rebates to all Subordinate Bodies shall be calculated<br />
as the total of all dues and fees paid (as already defined in<br />
Article XII, Section 2 (A) and (B)) minus the sum of the<br />
proportionate share of the last annual rebates paid by <strong>OCSEA</strong> to<br />
each bargaining unit member of that body, with percentages<br />
provided for in Article XII, Section 5 then applied to this<br />
total, effective January 1, 1999.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 45<br />
<strong>Policy</strong> Name:<br />
24/7 Operations – Chapter Meetings<br />
Effective Date: April 17, 2010<br />
The chapter meeting will be held on a designated day with ten<br />
(10) days prior notice to the staff representative and state<br />
board member as required by the Constitution.<br />
Where a chapter elects to have two (2) or more sessions, the<br />
following recommendations are given to assure consistency in<br />
conducting business:<br />
1. When multiple sessions are held, the quorum is declared when<br />
the total number of individual Chapter Officers and<br />
Executive <strong>Board</strong> members attending any session constitutes a<br />
majority, and;<br />
2. A member can only vote once on a motion, and;<br />
3. If a motion is introduced at the first session, it will be<br />
carried over to the second session, and;<br />
4. If a new motion is introduced at the second (or third)<br />
session, either the motion is held until the next meeting’sfirst<br />
session or, if action is required prior to the next<br />
scheduled meeting, the motion will be referred to the<br />
executive board for appropriate action.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 46<br />
<strong>Policy</strong> Name:<br />
24/7 Operations – Nominations and Election<br />
Procedures<br />
Effective Date: April 17, 2010<br />
Background: In order to ensure a fair election where everyone<br />
has the opportunity to vote or to be nominated, these procedures<br />
were developed to help the 24/7 chapters. 24/7 means twenty-four<br />
hours a day seven days a week.<br />
Election of all subordinate body officers, executive board,<br />
delegates to the <strong>OCSEA</strong> Convention, Assemblies and Districts<br />
Councils require a 15-day notice of nominations and elections.<br />
The notice should indicate what offices are to be filled, and<br />
should state the date, times and places of both the nominations<br />
meeting and election. Nominations and elections cannot take<br />
place at the same meeting in a 24/7 operation. This is to insure<br />
that every member has an equal opportunity to cast a ballot or<br />
make a nomination.<br />
Procedure:<br />
1. Notice<br />
Nomination and election information may be included as part of a<br />
regular meeting notice. It may be given by printing the notice in<br />
a newsletter or any publication that is mailed to the entire<br />
membership, provided it is prominently displayed and not buried<br />
in the middle of an article or some other subject.<br />
The important thing is that the notice be mailed to all members<br />
with sufficient time to be received at least 15 days before the<br />
meeting at which nominations are to be made. Because no mailing<br />
list is ever one hundred percent accurate, it is usually wise to<br />
post notices on bulletin boards concerning the nominations and<br />
election in addition to the mailed notice.<br />
2. Term of Office<br />
Elections must be held in the regularly scheduled month even<br />
though the previous election and/or installment of officers was
delayed. Such a delay might have come about because of a run-off<br />
election, a valid protest that resulted in a re-run of the<br />
election or perhaps because of an “Act of God”. The three year<br />
term will start in the same specific month every third year.<br />
3. Times and Locations for Holding Election<br />
Nominations/Elections must be held at set times and locations in<br />
order to insure a fair chance for every member to make a<br />
nomination or vote.<br />
Suggested hours: These are suggested hours only, each chapter<br />
should select hours that are most reasonable for their members<br />
and shift changes.<br />
a. 6:00 a.m. – 4:00 p.m. The purpose of this is to allow<br />
members of the third shift an opportunity to vote when<br />
getting off their shift. It also allows members of the<br />
first shift coming in an opportunity to vote and all<br />
members on staggered shifts to vote as well.<br />
b. 6:15 a.m. – 7:15 a.m. and 11:15 a.m. – 12:15 p.m. and<br />
2:15 p.m. – 4:15 p.m. This makes the ballot box<br />
available during shift changes.<br />
All provisions of the AFSCME Election Code (unless specifically<br />
modified by the <strong>OCSEA</strong> Constitution and By-laws) and the <strong>OCSEA</strong><br />
Constitution, By-laws and Subordinate Body Constitution apply.<br />
The <strong>OCSEA</strong> Election Manual should be used as a resource.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 47<br />
<strong>Policy</strong> Name:<br />
Emergency Subordinate Body Meeting<br />
Effective Date: April 17, 2010<br />
Authorization for subordinate body meetings, including<br />
executive board meetings, is contained within the Subordinate<br />
Body Constitution, Article XI – Meetings.<br />
Per “Roberts Rules of Order Newly Revised”, an “emergency<br />
meeting”, (or “called meeting”) is held at a time different from<br />
that of any regular meeting and is usually convened only to<br />
consider one or more items of specific business. The reason for<br />
an emergency meeting is to deal with important matters that may<br />
arise between regular meetings and that urgently require action<br />
by the Body before the next regular meeting.<br />
Calling an emergency meeting does not negate the<br />
requirements for a quorum (See Article X – Business) or for<br />
accurate meeting minutes.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 48<br />
<strong>Policy</strong> Name:<br />
Permanent Seasonal Elected Officials<br />
Effective Date: April 16, 2011<br />
Issue: <strong>OCSEA</strong> has permanent, full-time bargaining unit members in<br />
the Ohio Department of Natural Resources (ODNR) whose positions<br />
are seasonal in nature and do not function year round. These<br />
members work a standard forty (40) hour week. They usually have<br />
starting and ending dates based on the previous season’s work,<br />
with flexibility to extend or reduce their employment by four (4)<br />
weeks depending upon weather or other conditions. Employment<br />
interruptions must last a minimum of two (2) consecutive pay<br />
periods per <strong>OCSEA</strong> contract. Recall rights are based on seniority.<br />
Several long term members are currently participating in <strong>OCSEA</strong> in<br />
elected positions. Due to the nature of their employment, they<br />
have been placed on the “Officers in Arrearage” reports. Further,<br />
these arrearages will render them ineligible for any upcoming<br />
elections.<br />
Rationale: These ODNR positions have been in existence for more<br />
than a decade. The members in these classifications have been<br />
accorded full rights of membership. During their winter lay-offs,<br />
they have continued their union activities. Literal enforcement<br />
of Article XII – Dues, would result in the loss of valued leaders<br />
and have a chilling effect upon <strong>OCSEA</strong>’s efforts to increase<br />
membership participation.<br />
Therefore, the affected classifications are grandfathered in as<br />
follows:<br />
Where a bargaining unit member is in a permanent, full-time<br />
seasonal position, he/she shall be eligible to run for and hold<br />
an elected office under the following conditions:<br />
1. They have been an <strong>OCSEA</strong> member for at least two continuous<br />
calendar years;<br />
2. All membership dues have been made properly during their<br />
employment; and
3. During the seasonal interruptions, dues at the current<br />
amount and payment schedule established by the AFSCME<br />
International Constitution for member-at-large shall be paid<br />
for each month or portion thereof until the month of their<br />
reinstatement/recall.<br />
4. In the event the member is not reinstated/recalled, payments<br />
shall continue to be made at the members-at-large rate,<br />
subject to the rights and obligations in Article 18 of the<br />
Collective Bargaining Agreement and Article XII of the <strong>OCSEA</strong><br />
State Constitution.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 49<br />
<strong>Policy</strong> Name:<br />
Removal of Officers under Trusteeship<br />
Effective Date: June 18, 2011<br />
Where a trustee of a subordinate body has found it necessary to<br />
remove officer(s) and/or executive board pursuant to the powers<br />
conveyed by Article XV – Trusteeships, said member(s) shall not<br />
be eligible to run for office in the election immediately<br />
following the termination of the trusteeship. Such a removal<br />
shall be construed as a violation of Article XIII, §A(1) of the<br />
<strong>OCSEA</strong> State Constitution.<br />
The decision of a trustee to suspend, remove or replace elected<br />
officers and/or representatives of the affected chapter, district<br />
council or assembly may be appealed to the State President. The<br />
decision of State President shall be final.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 50<br />
<strong>Policy</strong> Name:<br />
Agency Stewards<br />
Effective Date: December 10, 2011<br />
An assembly may petition the <strong>OCSEA</strong> <strong>Board</strong> of directors in order to<br />
form an Agency Steward program. In agencies where there is an<br />
absence of an assembly, a member – steward may petition the state<br />
board of directors for assistance in setting up such a program.<br />
The agency members would be responsible for drafting and<br />
submitting a plan for approval that is tailored to meet the needs<br />
of their particular agency.<br />
The purpose of such program would be restricted to representation<br />
of agency members in conglomerate chapters where a chapter<br />
appointed steward is not on record with the appropriate agency.<br />
Additionally, an Agency Steward may represent agency members if<br />
the presidentially appointed steward is unavailable or unable to<br />
participate because of their involvement in the employer<br />
initiated action.<br />
The Agency steward may represent agency members across district<br />
and chapter lines. Duties may include representation of a member<br />
at investigatory interviews, pre-disciplinary conferences, and<br />
step two and three grievance hearings. However, it shall be the<br />
responsibility of the Agency steward to notify the chapter<br />
presidents and/ or staff representative of the progress of any<br />
grievances and dispositions.<br />
Agency Stewards working within the terms of the <strong>Board</strong> of<br />
Directors approved steward plan shall be reimbursed for mileage,<br />
parking, postage and lost wages, if any, due in accordance of the<br />
approved Agency Steward plan by the appropriate chapter.
<strong>Board</strong> <strong>Policy</strong><br />
As Adopted by the<br />
<strong>Board</strong> of Directors<br />
<strong>Policy</strong> Number: 51<br />
<strong>Policy</strong> Name:<br />
Removal from Office<br />
Effective Date: October 14, 2011<br />
In order to begin the process, a petition signed by a minimum of<br />
thirty-five percent (35%) of the active members of a chapter or<br />
thirty-five percent (35%) of the delegates of an assembly or<br />
district council shall be forwarded to the Judicial and Internal<br />
Affairs Committee (JIAC). The petition shall list: (1) the<br />
name(s) and office(s) of the person(s) they wish to remove; (2)<br />
the reason(s) for the request; and (3) the proposed date(s),<br />
time(s) and location(s) for the vote on the matter. One member or<br />
delegate shall be identified as the contact person.<br />
Upon review of the petition, JIAC shall authorize, by majority<br />
vote, the appropriate mailing. The cost of the mailing shall be<br />
deducted from any forthcoming rebate.<br />
A board member shall be assigned by the State President to<br />
oversee the matter. No board member or district representative<br />
shall be assigned to monitor a removal under this article in<br />
his/her home chapter.