by Contract Number (PDF) - OCSEA
by Contract Number (PDF) - OCSEA
by Contract Number (PDF) - OCSEA
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26, 1994. The language of <strong>Contract</strong> Article 25<br />
clearly outlines the fixed time limits associated<br />
with filing a grievance. The detrimental reliance<br />
argument of the grievant was not sufficiently<br />
supported <strong>by</strong> the record to constitute an "unusual<br />
circumstance" and is insufficient to overcome the<br />
clear language of the pertinent <strong>Contract</strong> Article.<br />
The grievance, therefore, was not filed in a<br />
timely manner and was therefore not arbitrable.<br />
584 (1994-97 contract)<br />
Article 25.02 requires that a legible copy of the<br />
grievance form must be filed when appealing to<br />
Step 4 of the grievance procedure. Since Article<br />
25.02 was not satisfied, the grievance was not<br />
arbitrable. 597 (1994-97 contract)<br />
The Arbitrator concluded that the State had<br />
agreed to combine grievance numbers 251 and<br />
302. Because the grievances involved many of<br />
the same facts, it was logical to combine them.<br />
628<br />
The Arbitrator found that the CBA was not<br />
applied in this matter, and he noted that in the<br />
language in Article 25.02, Grievance Steps, the<br />
words “occurrence” and “events” meant that<br />
something must have happened to trigger the<br />
grievance. The Arbitrator further found that a<br />
contractually mandated event had not transpired<br />
in this case because the grievant was not denied<br />
his benefits. He concluded that an easy solution<br />
to the controversy was to ask the Factfinder. He<br />
stated that “when an employee is denied benefits<br />
due to the interpretation of the State on the<br />
manner in which balances are to be computed,<br />
the controversy will be ripe for a grievance and<br />
possible arbitration.” 709<br />
25.02 - Grievance Steps<br />
The grievant was charged with sexual<br />
harassment of a co-worker. The record indicated<br />
that no action taken during investigation was<br />
sufficient to modify or vacate the suspension,<br />
however some of the statements the investigator<br />
collected could not be relied upon because they<br />
were hearsay or rebutted <strong>by</strong> the witness. The<br />
arbitrator noted that the matter came down to the<br />
testimony of one person against another and<br />
there was no substantial evidence to sustain the<br />
charge. The arbitrator determined that the matter<br />
was properly before her because it was appealed<br />
within ninety days of the Step 3 response. The<br />
arbitrator noted that the fact that it was appealed<br />
before the mediation meeting did not invalidate<br />
the appeal. 807<br />
The Ohio State Highway Patrol began a criminal<br />
investigation in August 2001 of the activities of<br />
the grievant, including those while the grievant<br />
was on duty as an employee of the Department.<br />
The grievant was subsequently discharged on<br />
December 12, 2001. The union filed a grievance<br />
challenging the discharge. The union requested<br />
the arbitration proceed under Section 25.02 of<br />
the contract with the state of Ohio. Delays have<br />
resulted based on the belief of criminal charges<br />
were going to be filed against the grievant. No<br />
charges were filed, yet the Department refused to<br />
schedule the arbitration. Under Section 25.02, a<br />
strict timeline is set out for the processing of<br />
Discharge Grievances unless the grievance<br />
involves criminal charges of on duty actions of<br />
the employee, grievants who are unable to attend<br />
due to a disability, or grievances that involve an<br />
unfair labor practice charge, in which the strict<br />
time limits may be exceeded. The Department<br />
was found to have the burden of proof showing<br />
that the exception to the strict timeline of<br />
scheduling the discharge grievance is present on<br />
the facts. The Department argued that the<br />
criminal investigation was included as a criminal<br />
charge within the language of Section 25.02.<br />
The arbitrator found that the criminal<br />
investigation did not fall within the criminal<br />
charges exception. The arbitrator cited Section<br />
24.04 in which criminal investigation and<br />
criminal charges were plainly distinguished. The<br />
arbitrator also stated that criminal investigation<br />
did not meet the definition of criminal charge as<br />
given <strong>by</strong> the Department. The plain language of<br />
the contract makes the criminal investigation<br />
outside of the criminal charges exception and<br />
therefore, the normal timeline should be<br />
followed under Section 25.02. 816<br />
The grievant was terminated as a Correction<br />
Officer at the Lima Correctional Institution.<br />
Under Article 25.02 of the <strong>Contract</strong>, a grievance<br />
involving a layoff or discipline shall be initiated<br />
at Step three (3) of the grievance procedure<br />
within fourteen days of notification of such<br />
action. The grievance was filed twenty-four<br />
days after the Union was notified of the removal.<br />
The arbitrator found that the <strong>Contract</strong> language<br />
was clear and that discharge grievances must be<br />
filed with the Agency Head or designee within<br />
fourteen days of notification. While OCB had a<br />
new address and there were new players for both<br />
the Union and institution involved with this<br />
grievance, these factors do not make the<br />
enforcement of the fourteen-day time limit