by Contract Number (PDF) - OCSEA

dates of the grievants to show no break in service and that
any personnel moves made due to the seniority errors must
be corrected and lost wages associated with the moves must
be paid. 426 (See 1992-1994 Contract)
The Arbitrator concluded that the grievant was not entitled
to some form of leave of absence under FMLA and/or ADA
per the Ohio Revised Code because the grievant failed to
provide the employer with sufficient actual or constructive
notice documenting his leave request prior to his proper
removal for job abandonment. 590
The Grievant orally and by e-mail communicated to her
direct supervisor her intent to end the employment
relationship, which was accompanied by packing her
belongings. The Grievant was in a state of anxiety and
emotional distress at the time she voiced her intention to
resign and acted upon it. The evidence did not show that the
Grievant was in such a deteriorated mental condition that
she was rendered incapable of understanding what she was
doing, or the consequences of what she was doing. Her
workplace situation could not be found to be so intolerable
that a resignation would be compelled. The Arbitrator held
that the resignation was voluntary and not coerced. The
Arbitrator held that the resignation was effective since the
Employer had accepted the resignation before the Grievant
made any efforts to rescind the resignation. The Arbitrator
held that he Department of Agriculture did not have a legal
duty under Administrative Code 123:1-25-02 to reinstate the
Grievant This provision only creates a privilege on the part
of the appointing authority to request a reinstatement. The
administrative code provides that the employee “may be
reinstated.” There is no right to be reinstated. The
grievance was denied. 948
The grievance was granted in part and denied in part. The
grievant was involved in a response to a “Signal 14” call for
assistance at the institution. The State charged the grievant
with dishonesty in regards to the incident. Neither the
grievant nor the Union was informed of the “abuse” charge
prior to the imposition of discipline. The Agency also
refused to allow the Union to review the video tape of the
incident prior to arbitration. Both of these procedural issues
were presented at arbitration. Following the State’s
presentation of its case at arbitration, the Union
Representative requested a directed verdict. The arbitrator
found that the grievance was sustained in part and denied in
part. The grievant’s removal was reduced to a one (1) day
suspension. The grievant received all straight time pay he
would have incurred if he had not been removed.
Deductions for any interim earnings are to be made, except
for any earnings received from a pre-existing part-time job.
All leave balances and seniority are to be restored. The
grievant is to be given the opportunity to repurchase leave
balances. The grievant is to be reimbursed for all healthrelated
expenses incurred that would have been paid through
health insurance. The grievant is to be restored to his shift
and post and his personnel record is to be changed to reflect
the suspension. 952
Management of EPA violated the Collective Bargaining
Agreement by failing to give the Grievant a pro-rated
vacation dump. The State was directed to credit her with 36
hours of vacation leave. Article 28 is clear in that
permanent part-time employees earn and are to be credited
with paid vacation leave the same as permanent full-time
employees but pro-rated for the hours worked. The Agency
has complied with column one of the schedule; however, it
has ignored the second column in the milestone years, thus
denying these employees their entitlement to the full prorata
amount earned in the milestone year. While it was true
that neither the CBA nor the part-time policy mention
“vacation dump”, this was the method used for years for
other public employees in Ohio in the milestone years. A
“vacation dump” is a lump sum credit of earned vacation
that has not accrued on a biweekly basis by virtue of the fact
that accrual rate increases lag increases in earned annual
vacation leave by one year. The mere fact that there has
been a practice of not making similar adjustments for most
part-time State employees does not evince a binding past
practice. A past practice is binding only when it rests on a
mutual agreement. There was no such evidence here. 973
44.03 (under the 1992 – 1994 contract) (formerly Article
43.02 of 1986 – 1989 contract) – Work Rules
The grievant was a Corrections Officer and had received
and signed for a copy of the agency’s work rules which
prohibit relationships with inmates. The grievant told the
warden that she had been in a relationship with an inmate
prior to her hiring as a CO. Telephone records showed that
the grievant had received 197 calls from the inmate which
lasted over 134 hours. Although the grievant extended no
favoritism toward the inmate, just cause was found for the
removal. 374 (See 1992-1994 Contract)
The grievant was a Youth Leader 2 who had forgotten that
his son’s BB Gun was put into his work bag to be taken to
be repaired. While at work a youth entered the grievant’s
office, took the BB gun and hid it in the facility.
Management was informed by another youth and the
grievant was informed the next day. He was removed for
failure of good behavior, bringing contraband into an
institution, and possessing a weapon for a facsimile on state
property. It was proven that the grievant committed the acts
alleged but removal was found to be too severe. The
grievant had no intent to violate work rules, the BB gun was
not operational, and the employer withdrew the act of
leaving the office door open as a basis of discipline. The
grievant’s work record also warranted a reduction to a
thirty day suspension. 388 (See 1992-1994 Contract)
The grievant, a Therapeutic Program Worker, received a ten
day suspension for sleeping on duty. A supervisor tried to
awaken the grievant but was not successful, although the
grievant had been heard talking to another employee shortly
before the incident. The grievant had no prior discipline up
tom the time she had become a steward, then she received
two verbal reprimands. Also her performance evaluations
had been above average until the same time, at which point