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filling of the vacancy. The vacancy was canceled because of the job audits. The arbitrator found the union’s prepositioning argument arbitrable because the grievant would otherwise have no standing to grieve. Managerial intent to preposition was found to be possible even if committed by a leader worker. The arbitrator also found that job audits are a second avenue to promotions and not subordinate to Article 17, promotions. The grievance was, thus, denied. 367 During the processing of several grievances concerning minimum qualification, #393-397, a core issue regarding the union’s right to grieve the employer’s established minimum qualifications was identified. The arbitrator interpreted section 36.05 of the contract as permitting the union to grieve the establishment of minimum qualifications. He explained that the minimum qualifications must be reasonably related to the position, and that the employer cannot set standards which bear no demonstrable relationship to the position. 392 The grievant applied for a posted Tax Commissioner Agent 2 position but was denied the promotion. She was told that she failed to meet the minimum qualifications, specifically 9 months experience preparing 10 column accounting work papers. The grievant was found to have experience in 12 column accounting work papers which were found to encompass 10 column papers. Additionally, the employer was found to have used Worker Characteristics, which are to be developed after employment, in the selection process. The grievant was found to possess the minimum qualifications and was awarded the position as well as any lost wages. 393 (see 392) The grievant applied for a posted Word Processing Specialist 2 position and was denied the promotion. The employer claimed that she did not meet the minimum qualifications because she had not completed 2 courses in word processing. The grievant was found not to possess the minimum qualifications at the time she submitted her application. The fact that she was taking her second word processing class cannot count toward her application; she must have completed it at the time of her application. Additionally, business data processing course work cannot substitute for word processing as the position is a word processing position. 394 (see 392) The grievant applied for a posted Programmer Analyst 2 position and was denied the promotion. The employer claimed that she did not possess the required algebra course work or the equivalent. The arbitrator found that because the grievant completed a FORTRAN computer programming course, she did possess the required knowledge of algebra. The minimum qualifications allow alternate ways of being met, either through course work, work experience, or training. The grievance was sustained and the grievant was awarded the position along with lost wages. 395 (see 392) The grievant applied for a posted Microbiologist 3 position in the AIDS section position and was denied the promotion because she failed to meet the minimum qualifications. The successful application was a junior employee who was alleged to have met the minimum qualifications. The arbitrator found that the junior applicant should not have been considered because the application had not been notarized, and it was thus incomplete at the time of its submission. The employer also found that the employer used worker characteristics which are to be developed after employment (marked with an asterisk) to determine minimum qualifications of applicants. Lastly, neither the successful applicant nor the grievant possessed the minimum qualifications, however the employer was found to have held this against only the grievant. The arbitrator stated that the employer must treat all applicants equally. The grievant was awarded the position along with any lost wages. 396 (see 392) The grievant applied for a posted Microbiologist 3 position in the Rabies section and was denied the promotion because the employer found that she failed to possess the minimum qualifications. Neither the successful applicant nor the grievant possessed the minimum qualifications for the position but this fact was held only against the grievant. The arbitrator stated that the employer must treat all applicants equally. The arbitrator found that he grievant did not possess the minimum qualifications and that the required rabies immunization and other abilities could be acquired after being awarded the position. The grievant was awarded the position along with any lost wages. 397 (see 392) The grievant had over 7 years seniority and applied for a posted vacancy. She did not receive the promotion which was given to a more senior employee from the agency, despite the fact that
she was in Section 17.04 applicant group A (17.05 of 1989 contract) and the successful bidder was in group D. The employer stated that the grievant failed to meet the minimum qualifications and the successful bidder was demonstrably superior. The arbitrator held that Article 17 established groupings which must be viewed independently. Additionally, the contract applies the demonstrably superior exception only to junior employees. The employer violated the contract by considering, simultaneously, employees from different applicant groups and applying demonstrable superiority to a senor employee. The arbitrator found that the grievant met the minimum qualifications for the vacant position, but she had since left state service. The grievance was sustained and the remedy was the lost wages from the time the grievant would have been awarded the position until she left state service. 405 A General Activity Therapist 2 position was posted for which the grievant bid. The position listed a valid water safety instructor’s certificate as a minimum qualification. The grievant did not possess the certificate and an outside applicant was selected. The arbitrator found that the employer improperly posted the position by using a worker characteristic which doesn’t have to be acquired until after the employee receives the job. While the arbitrator cautioned that employees must act timely to become qualified, the employer can only hold bidders to minimum qualifications required by the contract. The grievance was sustained and the grievant was awarded the position with back pay. 418 The Department of Natural Resources posted a vacancy and accepted application through June 28, 1989. The applications were evaluated through August, and a selection was made in September 1989. The grievant would have no grievance rights if the 1989 agreement controlled due to his section 17.05 (1989 agreement) applicant group status. The arbitrator found that critical elements of the selection process were performed under the 1989 agreement, thus it controlled the matter and the grievance was held arbitrable, (the right to grieve arose under the 1989 agreement upon notification of nonselection). The employer was ordered to select from applicants grouped pursuant to the 1989 agreement. 423 The Bureau of Motor Vehicles posted a vacancy for a Reproduction Equipment Operator 1 position. The employer chose a junior employee over the grievant, claiming that he failed to meet the minimum qualifications. The arbitrator found that the employer improperly used the semantic distinction between retrieval, the grievant’s present position, and reproduction, what the position called for, rather than the actual job duties to determine whether the grievant met the minimum qualifications. The arbitrator stated that both consist of making copies of microfilm images on paper. The grievant was found by the arbitrator to possess the minimum qualifications, however the employer was found to not have completed its selection process as the grievant had not been interviewed. The arbitrator ordered the selection process re-opened pursuant to Article 17. 427 The grievant was an Auto Mechanic 2 who had been assigned on an interim basis as an Auto Mechanic 3 from June until September 1989 when he was placed back into his former position due to poor performance. The employer posted the Auto Mechanic 3 position when it became vacant in January 1990; the grievant bid but the promotion was awarded to a junior employee. The arbitrator found that the grievant possessed the minimum qualifications found on the class specification. Section 17.05 was interpreted to also require proficiency in the minimum qualifications found on the position description. Due to the grievant’s performance while assigned on an interim basis, the arbitrator found that the employer had not acted in bad faith, that no purpose would be served by allowing a probationary period to prove the grievant’s proficiency, thus the grievance was denied. 428 The Bureau of Workers’ Compensation posted a vacancy for a Word Processing 1 position. The grievant, who had 3 years seniority, was not selected A person who had worked as a student was chosen and in effect was a new hire. The arbitrator stated that applicants must possess and be proficient in the minimum qualifications for the position. The Position Description requires course work or experience in word processing equipment. The grievant’s application does not show that she met this requirement, thus she was found not to meet the minimum qualifications for the position posted. The grievance was denied. 437 Senior applicants do not have to be equally or better qualified than other applicants. They must
Page 1 and 2: INDEX BY CONTRACT SECTION ARTICLE 1
Page 3 and 4: this case, one cannot conclude that
Page 5 and 6: Muskingum Counties that were consol
Page 7 and 8: in Article 24.04 as a meeting. The
Page 9 and 10: Article 2.01 requires that neither
Page 11 and 12: The Arbitrator found that when the
Page 13 and 14: hardship when an employee was on Un
Page 15 and 16: determined that through Article 5,
Page 17 and 18: The grievant had a thirty-day time
Page 19 and 20: Management established a list of in
Page 21 and 22: the FR clothing during these five m
Page 23 and 24: 11.11 - Concern for Pregnancy Hazar
Page 25 and 26: of the contract occurred. Based upo
Page 27 and 28: “In paragraph 3…the word “win
Page 29 and 30: overtime. The arbitrator found that
Page 31 and 32: an educated guess, the grievance mu
Page 33 and 34: 2. The Agreement also designates th
Page 35 and 36: which this particular agreement did
Page 37 and 38: In this case the Union grieved that
Page 39 and 40: Arbitrator held that the Grievant f
Page 41 and 42: when he was placed back into his fo
Page 43: selected because she was within ten
Page 47 and 48: for a new DCS Assessment. The union
Page 49 and 50: won is not sufficient to prove incr
Page 51 and 52: Ohio Revised Code 145.298 requires
Page 53 and 54: 18.04 (formerly Article 18.03 of 19
Page 55 and 56: establishes that the just cause sta
Page 57 and 58: suspension would be excessive and u
Page 59 and 60: employee cannot be on “notice”
Page 61 and 62: grievant was a nine-year employee w
Page 63 and 64: not lead to the conclusion that the
Page 65 and 66: grievant’s allegation that the si
Page 67 and 68: etween the grievant and his supervi
Page 69 and 70: her car on state property and she p
Page 71 and 72: The Employer had just cause to remo
Page 73 and 74: The employer had just cause to remo
Page 75 and 76: a period of about 10-15 minutes whe
Page 77 and 78: commodities was completely lacking
Page 79 and 80: answer questions, even after the De
Page 81 and 82: offenders. The incident was recorde
Page 83 and 84: judgment and his less than credible
Page 85 and 86: employees and the Union are aware t
Page 87 and 88: once the Youth was on the ground. C
Page 89 and 90: enroll in an EAP program within fiv
Page 91 and 92: The parties did not intend that pre
Page 93 and 94: progressive and commensurate discip
Page 95 and 96:
Bureau of Employment Services, had
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jurisdiction to resolve differences
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language toward a number of inmates
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a motor vehicle with an inoperative
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The grievant was removed for allege
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her work. The arbitrator stated tha
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meeting. The evidence also suggeste
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egarding IME’s within ODNR. The a
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individual under the supervision of
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arbitrator noted that if the behavi
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particularly in light of layoffs, b
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“extraordinarily patient with the
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and he had remained in contact with
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credible. Evidence presented indica
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oad, commonsensical guidelines abou
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aware of the grievant’s poor work
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procedural error. He found that whe
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youth at his facility. The evidence
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COs were aiding in investigations a
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The grievant was involved in a resp
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with sleep apnea and begun treatmen
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that he would have accrued during t
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years of state service. The arbitra
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workers who were aware of the condu
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criminal Assault and Falsification.
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held that removal was unreasonable,
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was knowledgeable of the corrective
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24.04 - Pre-Discipline supervisor.
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equire support before one can estab
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is considered when fashioning a rem
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The grievant was an investigator wi
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egarding the conduct of a superviso
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The grievant was a Corrections Offi
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considered the grievant’s guilty
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24.05. The Arbitrator agreed with t
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The grievant was reinstated to her
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consider that the co-worker may hav
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grievant’s removal was upheld, an
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once the Youth was on the ground. C
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undermines the purpose of the EAP p
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exercised its discretion in an arbi
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the possible violation was not brou
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irrelevant for the purpose of calcu
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grievance was held arbitrable, (the
Page 183 and 184:
prohibited from using the grievance
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employee in her right to bring a gr
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26, 1994. The language of Contract
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y the grievant, would be compensabl
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committed other acts of neglect of
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filed a grievance arguing that assi
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guarantee that a document has suffi
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25.08 because the union made excess
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26.03 Work on Holidays No dispute e
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ARTICLE 28 - VACATIONS 28.01 - Rate
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contains various interventions and
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comported entirely with her initial
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ARTICLE 32 - TRAVEL 32.02 - Persona
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ARTICLE 36 - WAGES 36.02 - General
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37.04 - In-Service Training Under 3
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arbitrator found the grievance arbi
Page 215 and 216:
43.03 - Mid-Term Contractual Change
Page 217 and 218:
permanent part-time employees earn
Page 219 and 220:
she was evaluated below average in
Page 221 and 222:
“similar or related series” as
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