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EAP. The grievant was removed for absenteeism. The arbitrator found the grievant guilty of excessive absenteeism and prior discipline made removal the appropriate penalty. The employer was found to have committed a procedural error. Deferral because of EAP participation was found proper, however the second meeting was not a contractually proper predisciplinary hearing. No waiver was found on the part of the union, thus the arbitrator held that the employer violated the contract and reinstated the grievant without back pay. 383 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 or 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 charge of leaving the office door open as a basis for discipline. The grievant’s work record also warranted a reduction to a thirty day suspension. 388 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 to the time she had become a steward, when she received two verbal reprimands. Also her performance evaluations had been above average until the same time, at which point she was evaluated below average in several categories. Lastly, a paddle had been hanging in the supervisor’s lounge with the words “Union Buster” written on it. The arbitrator found that the grievant may have dozed off, but that the employer’s anti-union animus was the cause for the suspension. The paddle in the lounge was evidence of this and the employer had demonstrated reckless disregard for union relations. The arbitrator held that the employer failed to properly apply its rules, thus, there was no just cause for the 10 day suspension. The discipline was reduced to a 1 day suspension. 400 The grievant had failed to complete several projects properly and on time and another employer had to complete them. She had also been instructed to set projects aside and focus on one but she continued to work on several projects. The grievant had prior discipline for poor performance including a 7 day suspension. The arbitrator found that the employer had proven just cause for the removal. The grievant was proven unable to perform her job over a period of years despite prior discipline. The fact that another employee completed the projects was found to be irrelevant. Removal was found to be commensurate with the offense because of the prior discipline and the work was found to have been within the grievant’s job description and he had been offered training. Thus, the grievance was denied. 402 The grievant had been a Driver’s License Examiner for 13 months. He was removed for falsification when he changed an applicant’s score from failing to passing on a Commercial Drivers’ License examination. The arbitrator found that the grievant knew he was violating the employer’s rules and rejected the union’s mitigation factors that the grievant had no prior discipline and did not benefit from his acts. The falsification of license examination scores was found serious enough to warrant removal for the first offense. The arbitrator also rejected arguments of disparate treatment. The grievance was denied. 403 The grievant was a Psychiatric Attendant who had received prior discipline for refusing overtime and sleeping on duty. He refused mandatory overtime and a pre-disciplinary hearing was scheduled. Before the meeting occurred, the grievant was foundsleeping on duty. A 6 day suspension was ordered based on both incidents. The arbitrator found that despite the fact that the grievant had valid family obligations, he had a duty to inform the employer rather than merely refuse mandated overtime and, thus was insubordinate. The employer failed to meet its burden of proof as to the sleeping incident, however due to the grievant’s prior discipline a 6 day suspension was warranted for insubordination. The grievance was denied. 404 The grievant was removed for misuse of his position for personal gain after his supervisor noticed that the grievant, an investigator for the
Bureau of Employment Services, had received an excessive number of personal telephone calls from a private investigator. The Ohio Highway Patrol conducted an investigation in which the supervisor turned over 130-150 notes from the grievant’s work area and it was discovered that the grievant had disclosed information to three private individuals, one of who admitted paying the grievant. The arbitrator found that the employer proved that the grievant violated Ohio Revised Code section 4141.21 by disclosing confidential information for personal gain. The agency policy for this violation calls for removal. The employer’s evidence was uncontroverted and consisted of the investigating patrolman’s testimony, transcribed interviews of those who received the information, and the grievant’s supervisor’s testimony. The grievant’s 13 years seniority was an insufficient mitigating circumstance and the grievance was denied. 408 While on disability leave in October 1990 the grievant, a Youth Leader, was arrested in Texas for possession of cocaine. After his return to work, he was sentenced to probation and he was fined. He was then arrested in Ohio for drugrelated domestic violence for which he pleaded guilty in June 1991 and received treatment in lieu of a conviction. The grievant was removed for his off-duty conduct. The grievant’s guilty plea in Texas was taken as an admission against interest by the arbitrator and the arbitrator also considered the grievant’s guilty plea to drug related domestic violence. The arbitrator found that the grievant’s job as a Youth Leader was affected by his off-duty drug offenses because of his coworkers’ knowledge of the incidents. The employer was found not to have violated the contract by delaying discipline until after the proceedings in Texas had concluded, as the contract permits delays pending criminal proceedings. No procedural errors ere found despite the fact that the employer did not inform the grievant of its investigation of him, nor permit him to enter an EAP to avoid discipline. No disparate treatment was proven as the employees compared to the grievant were involved in alcohol related incidents which were found to be different than drug-related offenses. Thus, the grievance was denied. 410 The grievant was a Corrections Officer who had an alcohol dependency problem of which the employer was aware. He had been charged twice for Driving Under the Influence, which caused him to miss work and he received a verbal reprimand. The grievant was absent from work from May 18th through the 21 st and was removed for mob abandonment. The arbitrator found that the grievant’s removal following a verbal reprimand was neither progressive nor commensurate and did not give notice to the grievant of the seriousness of his situation. It was also noted that progressive discipline and the EAP provision operate together under the contract. The grievant was reinstated pursuant to a last chance agreement with no back pay and the period he was off work is to be considered a suspension. 413 The grievant was removed for failing to report off, or attend a paid, mandatory four-hour training session on a Saturday. The grievant had received 2 written reprimands and three suspensions within the 3 years prior to the incident. The arbitrator found that removal would be proper but for the mitigation factors present. The grievant had 23 years of service, and her supervisors testified that she was a competent employee. The arbitrator noted the surrounding circumstances of the grievance; the grievant was a mature black woman and the supervisor was a young white male and the absence was caused by an embarrassing medical condition. The removal was reduced to a 30 day suspension and the grievant was ordered to enroll in an EAP and the arbitrator retained jurisdiction regarding the last chance agreement. 422 The grievant was a LPN who had been assaulted by a patient at the Pauline Lewis Center and she had to be off work due to her injuries for approximately 1 month. When she returned she was assigned to the same work area. She informed her supervisor that she could not work in the same work area, and was told to go home if she could not work. The grievant offered to switch with another employee whom she identified, but the supervisor refused. She then told her supervisor she was going home but instead switched work assignments. The grievant had prior discipline including two 6 day suspensions for neglect of duty. The supervisor concluded that the grievant was given a direct order to work in her original work area. The grievant erroneously believed that switching assignments was permitted. Despite the grievant’s motivation for her action, the grievant’s prior discipline warranted removal, thus the grievance was denied. 424
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INDEX BY CONTRACT SECTION ARTICLE 1
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this case, one cannot conclude that
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Muskingum Counties that were consol
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in Article 24.04 as a meeting. The
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Article 2.01 requires that neither
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The Arbitrator found that when the
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hardship when an employee was on Un
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determined that through Article 5,
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The grievant had a thirty-day time
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Management established a list of in
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the FR clothing during these five m
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11.11 - Concern for Pregnancy Hazar
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of the contract occurred. Based upo
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“In paragraph 3…the word “win
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overtime. The arbitrator found that
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an educated guess, the grievance mu
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2. The Agreement also designates th
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which this particular agreement did
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In this case the Union grieved that
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Arbitrator held that the Grievant f
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when he was placed back into his fo
Page 43 and 44: selected because she was within ten
Page 45 and 46: she was in Section 17.04 applicant
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: progressive and commensurate discip
Page 97 and 98: jurisdiction to resolve differences
Page 99 and 100: language toward a number of inmates
Page 101 and 102: a motor vehicle with an inoperative
Page 103 and 104: The grievant was removed for allege
Page 105 and 106: her work. The arbitrator stated tha
Page 107 and 108: meeting. The evidence also suggeste
Page 109 and 110: egarding IME’s within ODNR. The a
Page 111 and 112: individual under the supervision of
Page 113 and 114: arbitrator noted that if the behavi
Page 115 and 116: particularly in light of layoffs, b
Page 117 and 118: “extraordinarily patient with the
Page 119 and 120: and he had remained in contact with
Page 121 and 122: credible. Evidence presented indica
Page 123 and 124: oad, commonsensical guidelines abou
Page 125 and 126: aware of the grievant’s poor work
Page 127 and 128: procedural error. He found that whe
Page 129 and 130: youth at his facility. The evidence
Page 131 and 132: COs were aiding in investigations a
Page 133 and 134: The grievant was involved in a resp
Page 135 and 136: with sleep apnea and begun treatmen
Page 137 and 138: that he would have accrued during t
Page 139 and 140: years of state service. The arbitra
Page 141 and 142: workers who were aware of the condu
Page 143 and 144: 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
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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
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43.03 - Mid-Term Contractual Change
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permanent part-time employees earn
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she was evaluated below average in
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“similar or related series” as
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