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hardship when an employee was on Union leave.
The arbitrator noted that the State must be
mindful of the Contract when denying Union
leave and provide an explanation for the denial
when one is requested by the Union. If the
explanation is not satisfactory to the Union, the
issue may be grieved. 844
3.11 – Union Requests for Time Off
The arbitrator listed the space for filing cabinets
for Union business as an employer subsidy
provided by the Agreement. 346
ARTICLE 5 - MANAGEMENT RIGHTS
This article is modified by language found
elsewhere in the agreement. 55
Longstanding principles of contract construction
holds that specific language must be given more
weight than general language in determining the
meaning of the agreement. 55
The employer has an inherent right to direct the
work force. The employer is entitled to give
orders and employees are obliged to obey.
Except in exceptional circumstances, if an
employee believes that an order violates his
rights, he should “obey now, grieve later.” 123
Generally, many arbitrators have recognized that
unless the agreement says otherwise, the right to
schedule overtime remains in management. This
“right” of management can be limited if the
union can prove that scheduling changes have
been implemented to avoid the payment of
overtime. Article 5 and ORC 4117.08(c) clearly
provide the employer with the right to determine
matters of inherent managerial policy: maintain
and improve the efficiency of operations: and to
schedule employees. Thus, these provisions
allow the employer to alter work schedules to
improve efficiency based on operational needs.
Sections 13.01 and 13.02 underscore the
employer’s ability to schedule work. Section
13.02 defines work schedule as “an employee’s
assigned shift.” Obviously, if the employer can
make work schedule assignments, the employer
can also establish work schedules. 149
Management has the power under article 5 to
determine where the report-in location is. The
employer must look at the nature of the work and
must use a non-discriminatory rationale. 13.06
says that “employees who work from their
homes, shall have their homes as a report-in
location.” Presumably, if an employee words at
or in her house, that would be her report-in
location. However, that supplies and records are
kept at home, that correspondence is received at
home, or that the employee has no designated
office and does “field” type at several locations,
is not a sufficient basis to conclude that he
employee works for home. If a substantial
amount of the work in a person’s job description
is done at home, the home may be designated as
the report-in location. The common and logical
concept of a report-in location is a place where
the employee goes in order to report-in, ready to
commence to perform his job. 160
The employer retains the right to manage its
operation in a manner which is consistent with
the various provisions set forth in that
agreement. The inherent rights of management
include scheduling work, assigning employees
and operating efficiently. Management’s
authority in this regard has been recognized by
many arbitrators, including Arbitrator Pincus in
the Kinney decision. Arbitrator Pincus held that
the State has the right to establish work
schedules and to alter original work schedules
based upon operational needs. This arbitrator
agrees and is of the further opinion that Article
13 suggests that the parties anticipated that work
schedules would be changed. Section 13.07
restricts management’s right to change a work
schedule when it can be shown that the schedule
was arbitrarily changed to avoid overtime, as in
the Holton case. The wording of §13.07,
paragraph 7 further suggests that the employer
may change employee’s schedules for
operational needs. 169
Among the rights of Management set forth in
Article5 of the Contract is the exclusive authority
to determine the personnel by which
governmental operations are to be conducted.
This vested right, together with the authority to
declare or not declare job openings under §17.02,
accords the agency the discretion to vacate the
position and not fill it again. 242
It is axiomatic that the employer had every right
to promulgate new policies or attempt to
improve efficiencies by strictly adhering to
present policies. These rights are codified in
Article 5 but they are not totally unfettered.
Article 24 and Section 43.03 place certain