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argument arbitrable because the grievant would
otherwise have no standing to grieve.
Managerial intent to pre-position was found to
be possible even if committed by a lead 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
ARTICLE 21 – OCSEA BENEFITS TRUST
ARTICLE 22 – PERFORMANCE
EVALUATION
22.01 – Use
Performance evaluations are permitted to state
that grievant’s conduct may lead to disciplinary
action. 19
Employer has the right to conduct special
performance evaluations. 19
Yearly performance evaluations are insufficient
to notify employee that her work is below
required standards. 19
22.03 – Appeals
The right to representation at appeals to
performance evaluations was relinquished as a
bargaining table concession in the 1989
negotiations. 269
The grievant’s work performance became
unsatisfactory to his employer and all parties
concerned agreed upon a demotion from an FIE
4 to an FIE 2. An MOU was reached that
created a plan to monitor the grievant’s
performance and also spelled out the
consequences of failing to satisfy his employer.
The arbitrator noted that the MOU stated that if
the grievant did not satisfactorily complete the
plan he would remain in the FIE 2 classification.
The grievant’s work was monitored very closely
during the plan by his field supervisor and other
supervisory personnel. The grievant met
expectations on four out of seven items required
on his performance review. The arbitrator found
that the review included comments from several
supervisors and co-workers and that he could
find no malice for the grievant in the comments.
The arbitrator concluded that the grievant did not
satisfy the terms of the MOU and that the
employer did not violate the MOU by failing to
promote him. 777
While the Grievant claimed to have the
necessary background in research methods in her
summary of her qualifications, the information
contained in her application and resume did not
support her claim. She failed to show any
experience with operational, mathematical,
analytical, or statistical research methods. The
Arbitrator rejected the claim that when the state
denied her an interview for the Planner 3
position and awarded it to someone else, it
engaged in sex and/or age discrimination in
violation of Article 2. A large portion of the
employees in the Emergency Management
Agency are women and three of the top five
leadership positions are held by women .The
Arbitrator held that the Grievant failed to show
that she satisfied the minimum qualifications for
the Planner 3 position when she applied. The
grievance was denied. 939
ARTICLE 23 – PERSONNEL RECORDS
23.01 – Personnel Files
A failure by the State to supply the personnel
records of non State employees or exempt
employees was not in error. Although the State
should have to provide information that is
available to the general public, the Union’s
request was not sufficiently specific and the
Union did not show that the complete files were
relevant to the grievance. 286
The Union’s request for the personnel records of
women that claimed the grievant sexually
harassed them was not specific enough and did
not make a showing of relevance so that the
failure by the State to hand over the files was a
procedural defect. 286
ARTICLE 24 - DISCIPLINE
The union claims that ORC 124.32 was applied
rather then the just cause standard. However,
while the termination letter refers to violations of
the ORC, the first sentence in the notice clearly
state that the discharge is “in accordance with
article 24” of the labor agreement. The evidence