by Contract Number (PDF) - OCSEA

language should be read in conjunction with
language found elsewhere in Section 1.03;
“supervisors shall only perform bargaining unit
work to the extent that they have previously
performed such work.” Arbitrator Keenan has
determined in an earlier arbitration that one
should look to the date that the contract became
effective to determine if supervisors were doing
bargaining unit work at the time. 156
The contract states that the state will make every
reasonable effort to decrease the amount of
bargaining unit work done by supervisors. This
provision was violated where a supervisor
position which included bargaining unit work in
the classification specification, was vacant when
the contract went into effect but was later filled
by a supervisor who went on to do the
bargaining unit work required by his
classification specification. 156
The mutual intention of the parties will be
violated where a non-bargaining unit person
performs the tasks once done by members of the
bargaining unit. 156
To the extent a supervisor did not do bargaining
unit tasks on July 1, 1986 which he now does,
the agreement has been violated by the
employer. 156
Where the arbitrator had ruled that the employer
had violated the contract by having supervisors
perform bargaining unit work, the arbitrator
declined to order the employer to assign the
work to a specific bargaining unit member,
stating that such a determination was “within the
purview of the employer.” The arbitrator did
order that supervisors stop doing the work. 156
Section 1.03 of the Agreement concerns itself
with the integrity of the bargaining unit
represented by the Union. In essence it provides
that the employer may not act is such a fashion
as to erode the bargaining unit by improperly
removing work from bargaining unit employees.
In this case a Mental Health Technician 1 was
performing the duties of a Computer Operator 2.
The employer improperly sanctioned employees
working out of the bargaining unit. 280
The State may not erode the bargaining unit
through the layoff procedure. Supervisors and
other employees working out of class may not
take over the laid off employee’s duties. 28 *
The grievant was found to be working within his
classification and whether a supervisor is present
at work is a matter fort the employer to
determine. The presence or absence of a
supervisor does not go to the issue of whether
the employer is rescheduling the grievant to
avoid overtime. 303
A mere job transfer does not equal a job
abolishment; the position was not permanently
eliminated. The employer also violated Section
1.03 of the Agreement by having a supervisor
take over bargaining unit work. 340
The employer properly abolished the positions of
three Hospital Aide Coordinator I’s. The work
was distributed to other employees holding
different positions. The fact that one HAC was
working out of her classification prior to the
abolishment reinforces the employer’s argument
that this position was no longer required. The
employer’s need for more direct care staff to
follow a “normalization” program was
legitimate and the abolishments were a way to
efficiently pursue this goal. 340
The Ohio Penal Industries operated shops in
which inmates work and bargaining unit
employees supervise them. Prior to June 1989
three bargaining unit members and two
management employees were assigned to the
shop. One bargaining unit member then retired,
but his vacancy was not posted but rather the
duties were assumed by a management
employee. The arbitrator rejected the
employer’sargument that there had been no
increase in bargaining unit work performed by
management. It was found that despite general
inmate supervision performed by management,
the duties assumed after the bargaining unit
member’s retirement were a material and
substantial increase. This increase in the amount
of bargaining unit work done by management
was held to be a violation of Section 1.03, the
grievance was sustained and the employer was
ordered to cease performing bargaining unit
work and post the vacancy in the shop. 406
1.04 (formerly 1.03 of the 1986 and 1989
contract)
Bargaining Unit work
Section 1.03 is intended to give bargaining unit
employees first crack at overtime before work
goes to non-bargaining unit employees, but in