by Contract Number (PDF) - OCSEA

an educated guess, the grievance must be denied.
977
The Arbitrator held that the proper resolution of
this issue lies within Article 19. To hold that
Article 19 is inapplicable to the grievance would
require the Arbitrator to ignore the parties’ CBA
and the plain meaning of Article 19. The plain
language of Article 19 does not forbid multiple
grievances over a similar infraction, but only
limits the remedy to individual claims. The
Arbitrator held that the Agreement does not
guarantee that classifications will remain
unchanged throughout the life of the agreement.
The analysis sought to resolve each claim needs
to occur in accord with Article 19 to determine
the appropriate remedy. 979
The Union filed separate grievances from
Guernsey, Fairfield, Licking, Knox, Perry, and
Muskingum Counties that were consolidated into
a single case. Implicit in the authority to
schedule employees is the ability to alter the
work schedule, subject to the limitations in
Article 13.07 that the work schedule was not
made solely to avoid the payment of overtime.
The Arbitrator found that there was no evidence
that the schedule change was motivated by a
desire to avoid overtime; therefore, no violation
of the contract occurred. Based upon the
weather forecast known to the Employer on
February 12, 2007 justifiable reasons existed to
roll into 12 hour shifts. Prior notification under
Article 13.02 was not required. No entitlement
existed that the employees were guaranteed 16-
hour shifts under a snow/ice declaration. The
Employer’s conduct did not violate Section
13.07(2)’s Agency specific language. The snow
storm was a short term operational need. To
conclude that a snow storm is not a short term
need but that rain over an extended period of
time is, would be nonsensical. The record
consisted of over 500 pages of exhibits and three
days of hearing. That record failed to indicate
that the Employer violated the parties’
agreement. 997
13.08 - Call Back Pay
13.09 - Report Pay
13.10 – Payment for Overtime
Payment for unapproved overtime is not
mandated by the agreement and would run
counter to existing policy and provisions
contained in the agreement. 146
Under Article 13.10 of the Contract, prior
approval is required for the use of compensatory
time. Based on the language of this Article, the
grievant’s supervisor refused to sign the
grievant’s request for leave form because the
grievant failed to obtain approval prior to his
leave. Furthermore, there was no documentation
approving the grievant’s request for leave form
when the grievant demanded his supervisor to
sign the form. 576 (1994-97 contract)
The Union filed separate grievances from
Guernsey, Fairfield, Licking, Knox, Perry, and
Muskingum Counties that were consolidated into
a single case. Implicit in the authority to
schedule employees is the ability to alter the
work schedule, subject to the limitations in
Article 13.07 that the work schedule was not
made solely to avoid the payment of overtime.
The Arbitrator found that there was no evidence
that the schedule change was motivated by a
desire to avoid overtime; therefore, no violation
of the contract occurred. Based upon the
weather forecast known to the Employer on
February 12, 2007 justifiable reasons existed to
roll into 12 hour shifts. Prior notification under
Article 13.02 was not required. No entitlement
existed that the employees were guaranteed 16-
hour shifts under a snow/ice declaration. The
Employer’s conduct did not violate Section
13.07(2)’s Agency specific language. The snow
storm was a short term operational need. To
conclude that a snow storm is not a short term
need but that rain over an extended period of
time is, would be nonsensical. The record
consisted of over 500 pages of exhibits and three
days of hearing. That record failed to indicate
that the Employer violated the parties’
agreement. 997
13.11 – Wash-Up Time
13.12 – Stand-by Pay
Since employer had led employees to believe
that the stand-by pay policy had been reinstated,
and since the employees had relied on
supervision’s actions, the employer is estopped
from denying that the policy was reinstated.
Thus, the employer violated 13.12 when it did
not pay stand-by pay. (“Estopped” means one is
not allowed to make a statement since, given