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LOCAL
Ohio Civil Service
Employees Association
AFL-CIO
2021-2024
2021-2024
Contract
Between the State of Ohio and
The Ohio Civil Service
Employees Association
April 21, 2021 - February 28, 2024
LOCAL
Ohio Civil Service
Employees Association
AFL-CIO
Holiday Payday Pay Period Ending Date
Holiday Payday
Pay Period Ending Date
Holiday Payday
Pay Period Ending Date
Holiday Payday
Pay Period Ending Date
i
PREAMBLE ......................................................................................... 1
ARTICLE 1 – RECOGNITION ......................................................... 1
1.01 - Exclusive Representation........................................................ 1
1.02 - Inclusion/Exclusion of Existing Classifications ..................... 1
1.03 - Fiduciary Positions ................................................................. 1
1.04 - Inclusion/Exclusion of New Classifications ........................... 2
1.05 - Bargaining Unit Work ............................................................ 2
ARTICLE 2 – NON-DISCRIMINATION ......................................... 3
2.01 - Non-Discrimination ................................................................ 3
2.02 - Agreement Rights ................................................................... 3
2.03 - Equal Employment Opportunity/Affirmative Action ............. 3
ARTICLE 3 – UNION RIGHTS ........................................................ 4
3.01 - Access ..................................................................................... 4
3.02 - Stewards ................................................................................. 4
3.03 - Union Activities ...................................................................... 5
3.04 - Meeting Space ........................................................................ 6
3.05 - Bulletin Boards ....................................................................... 6
3.06 - Mail Service and Use of State Electronic Systems ................. 6
3.07 - Union Orientation ................................................................... 6
3.08 - Information Provided to the Union ......................................... 7
3.09 - Printing of Agreement ............................................................ 7
3.10 - Union Leave ........................................................................... 7
3.11 - Union Requests for Time Away from Job Duties for Union
Work ................................................................................................. 9
3.12 - Union Offices ......................................................................... 9
ARTICLE 4 – CHECKOFF ................................................................ 9
4.01 - Dues Deduction ...................................................................... 9
4.02 - Reserved for Future Use ....................................................... 10
4.03 - Continuation of Dues Deductions ......................................... 11
4.04 - Reserved for Future Use ....................................................... 11
4.05 - Indemnification ..................................................................... 11
ARTICLE 5 – MANAGEMENT RIGHTS ...................................... 11
ARTICLE 6 – PROBATIONARY EMPLOYEES.......................... 12
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6.01 - Probationary Periods ............................................................. 12
6.02 - Conversion of Temporary, Intermittent, Interim, Welfare to
Work Initiative or Seasonal Employees .......................................... 14
ARTICLE 7 – OTHER THAN PERMANENT POSITIONS ........ 14
7.01 - Temporary Positions ............................................................. 14
7.02 - Interim Positions ................................................................... 14
7.03 - Intermittent Positions ............................................................ 15
7.04 - Seasonal Employees ............................................................. 16
7.05 - Salaries of Interim Positions and Non-Intermittent 1,000
Hour Assignments Positions ........................................................... 16
7.06 - Seasonal, Intermittent, Interim, Temporary Overtime .......... 16
7.07 - Welfare to Work Initiative Participants ................................ 16
7.08 - Work Scheduling .................................................................. 16
7.09 - Project Employees ................................................................ 16
7.10 - Temporary Working Level Pay Supplements ....................... 16
ARTICLE 8 – LABOR/MANAGEMENT COMMITTEES .......... 17
8.01 - Agency Committees ............................................................. 17
8.02 - Committee Purpose and Agenda........................................... 17
8.03 - Time Off ............................................................................... 18
8.04 - Labor/Management Relations ............................................... 18
8.05 - Joint Information Technology (IT) Committee .................... 18
ARTICLE 9 – OHIO EMPLOYEE ASSISTANCE PROGRAM .. 20
9.01 - Joint Promotion..................................................................... 20
9.02 - Ohio EAP Advisory Committee ........................................... 20
9.03 - Ohio EAP Steward Training ................................................. 20
9.04 - Employee Participation in Ohio EAP ................................... 20
ARTICLE 10 – CHILD CARE ......................................................... 21
10.01 - Child Care Expenses Reimbursement Program .................. 21
10.02 - Dependent Care Spending Account Program ..................... 22
10.03 - Communication of Programs to Employees ....................... 23
ARTICLE 11 – HEALTH AND SAFETY ....................................... 23
11.01 - General Duty....................................................................... 23
11.02 - Personal Protective Clothing and Equipment ..................... 23
11.03 - Unsafe Conditions .............................................................. 23
11.04 - Workplace Violence ........................................................... 24
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11.05 - Communicable Diseases ..................................................... 24
11.06 - The Right-to-Know About Toxic Substances ..................... 25
11.07 - First Aid and Cardiopulmonary Resuscitation (CPR) ......... 25
11.08 - Video Display Terminals .................................................... 26
11.09 - Working Alone ................................................................... 26
11.10 - Asbestos .............................................................................. 26
11.11 - Concern for Pregnancy Hazards ......................................... 27
11.12 - Health and Safety Committees ........................................... 27
11.13 - Physical Exams ................................................................... 28
11.14 - Duty to Report .................................................................... 28
11.15 - Vehicle Inspection .............................................................. 29
11.16 - Water and Restroom Facilities ............................................ 29
11.17 - Personal Property ................................................................ 29
11.18 - Lounge Areas ...................................................................... 29
11.19 - Emergency Phone Use ........................................................ 29
ARTICLE 12 – STAFFING CONCERNS ....................................... 29
ARTICLE 13 – WORK WEEK, SCHEDULES AND
OVERTIME ....................................................................................... 29
13.01 - Standard Work Week .......................................................... 29
13.02 - Work Schedules .................................................................. 30
13.03 - Meal Periods ....................................................................... 31
13.04 - Rest Periods ........................................................................ 31
13.05 - Reassignments Within Institutions ..................................... 31
13.06 - Report-In Locations ............................................................ 32
13.07 - Overtime ............................................................................. 32
13.08 - Call-Back Pay ..................................................................... 34
13.09 - Report Pay .......................................................................... 34
13.10 - Payment for Overtime......................................................... 34
13.11 - Wash-Up Time ................................................................... 35
13.12 - Stand-By Pay ...................................................................... 35
13.13 - Flextime/Four Day Work Week ......................................... 36
13.14 - Shift Rotation, Swing Shifts and Split Shifts ...................... 36
13.15 - Emergency Leave ............................................................... 36
13.16 - Time Clocks ........................................................................ 38
ARTICLE 14 – RESERVED FOR FUTURE USE ......................... 38
ARTICLE 15 – EMPLOYMENT SECURITY ............................... 38
ARTICLE 16 – SENIORITY ............................................................ 40
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16.01 - Definitions .......................................................................... 40
16.02 - Exceptions .......................................................................... 41
16.03 - Ties ..................................................................................... 42
16.04 - Seniority Rosters ................................................................. 42
16.05 - Statewide Seniority Credit Tribunal ................................... 43
ARTICLE 17 – PROMOTIONS, TRANSFERS, DEMOTIONS
AND RELOCATIONS ...................................................................... 44
17.01 - Policy .................................................................................. 44
17.02 - Definitions .......................................................................... 44
17.03 - Posting ................................................................................ 45
17.04 - Applications ........................................................................ 46
17.05 - Selection ............................................................................. 47
17.06 - Selection Devices/Proficiency Instruments/Assessments ... 49
17.07 - Permanent Transfers ........................................................... 49
17.08 - Permanent Relocation ......................................................... 50
17.09 - Nepotism ............................................................................. 51
17.10 - ODOT Temporary Work Assignment ................................ 51
ARTICLE 18 – LAYOFFS ................................................................ 51
18.01 - Layoffs ................................................................................ 51
18.02 - Guidelines ........................................................................... 51
18.03 - Implementation of Layoff Procedure .................................. 52
18.04 - Bumping in the Same Office, Institution or County ........... 53
18.05 - Bumping in the Agency Geographic Jurisdiction ............... 53
18.06 - Previously Held Classifications .......................................... 54
18.07 - Bumping Outside the Unit .................................................. 54
18.08 - Limits .................................................................................. 55
18.09 - Geographic Divisions ......................................................... 55
18.10 - Classification Groupings .................................................... 55
18.11 - Recall .................................................................................. 55
18.12 - Bidding Rights for Employees on Layoff ........................... 56
18.13 - Reemployment .................................................................... 56
18.14 - Placement ........................................................................... 57
18.15 - Service Credits .................................................................... 57
18.16 - Inter-Agency Merger .......................................................... 57
18.17 - Alternate Procedures ........................................................... 57
18.18 - Layoff Committee ............................................................... 57
18.19 - Notice to Other Agencies.................................................... 57
ARTICLE 19 – WORKING OUT OF CLASS ................................ 58
v
19.01 - Position Descriptions .......................................................... 58
19.02 - Grievance Steps .................................................................. 58
19.03 - Holding Classes .................................................................. 60
19.04 - No Pre-positioning .............................................................. 61
ARTICLE 20 – BENEFITS .............................................................. 61
20.01 - Health Care, Eligibility, Open Enrollment ......................... 61
20.02 - Joint Health Care Committee (JHCC) ................................ 64
20.03 - Health Plan Characteristics ................................................. 68
20.04 - Health Plan Selection and Contracting ............................... 85
20.05 - Voluntary Supplemental Benefit Plans ............................... 87
ARTICLE 21 – UNION BENEFITS TRUST .................................. 87
21.01 - Trust Governance ............................................................... 87
21.02 - Trust Benefits for State Employees .................................... 87
21.03 - Payroll Deductions ............................................................. 88
21.04 - Administrative Agreement Between the Union Benefits
Trust and the Employer ................................................................... 88
21.05 - Payments ............................................................................. 88
21.06 - Non-Bargaining Unit Coverages for State Employees ....... 89
ARTICLE 22 – PERFORMANCE EVALUATION ....................... 89
22.01 - Use ...................................................................................... 89
22.02 - Limits .................................................................................. 90
22.03 - Appeals ............................................................................... 90
ARTICLE 23 – PERSONNEL RECORDS ..................................... 91
23.01 - Personnel Files .................................................................... 91
23.02 - Review of Personnel Files .................................................. 91
23.03 - Employee Notification ........................................................ 91
ARTICLE 24 – DISCIPLINE ........................................................... 91
24.01 - Standard .............................................................................. 91
24.02 - Progressive Discipline ........................................................ 92
24.03 - Supervisory Intimidation .................................................... 93
24.04 - Investigatory Interview ....................................................... 93
24.05 - Pre-Discipline ..................................................................... 93
24.06 - Imposition of Discipline ..................................................... 94
24.07 - Prior Disciplinary Actions .................................................. 95
24.08 - Polygraph Stress Tests ........................................................ 96
vi
24.09 - Drug Testing ....................................................................... 96
24.10 - Ohio Employee Assistance Program (EAP) ....................... 96
ARTICLE 25 – GRIEVANCE PROCEDURE ................................ 97
25.01 - Process ................................................................................ 97
25.02 - Grievance Steps .................................................................. 98
25.03 - Arbitration Procedures ...................................................... 102
25.04 - Grievance Procedure Committees .................................... 103
25.05 - Arbitration/Mediation Panels ............................................ 103
25.06 - Time Limits ...................................................................... 104
25.07 - Time Off, Meeting Space and Telephone Use .................. 105
25.08 - Other Grievance Resolution Methods ............................... 105
25.09 - Relevant Witnesses and Information ................................ 106
25.10 - Expedited Arbitration Procedure ...................................... 106
25.11 - Non-Traditional Arbitration .............................................. 107
25.12 - Attendance ........................................................................ 107
25.13 - Electronic Grievance System ............................................ 107
25.14 - Miscellaneous ................................................................... 108
ARTICLE 26 – HOLIDAYS ........................................................... 108
26.01 - Observance ....................................................................... 108
26.02 - Holiday Pay ...................................................................... 109
26.03 - Work on Holidays ............................................................. 109
26.04 - Eligibility for Holiday Pay ................................................ 109
ARTICLE 27 – PERSONAL LEAVE ............................................ 109
27.01 - Eligibility for Personal Leave ........................................... 109
27.02 - Personal Leave Accrual .................................................... 109
27.03 - Charge of Personal Leave ................................................. 110
27.04 - Notification and Approval of Use of Personal Leave ....... 110
27.05 - Prohibitions ....................................................................... 110
27.06 - Conversion or Carry Forward of Personal Leave Credit
at Year’s End ................................................................................ 110
27.07 - Conversion of Personal Leave Credit Upon Separation
from Service .................................................................................. 110
27.08 - Transfer of Personal Leave Credit .................................... 111
27.09 - Leave Availability ............................................................ 111
ARTICLE 28 – VACATIONS ........................................................ 111
28.01 - Rate of Accrual ................................................................. 111
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28.02 - Maximum Accrual ............................................................ 112
28.03 - Procedure .......................................................................... 112
28.04 - Payment upon Separation ................................................. 113
28.05 - Disposition of Work During Vacation .............................. 113
28.06 - Leave Availability ............................................................ 113
28.07 - Annual Vacation Leave Conversion ................................. 113
ARTICLE 29 – SICK LEAVE ........................................................ 113
29.01 - Definitions: Sick Leave for State Employees ................... 113
29.02 - Sick Leave Accrual ........................................................... 114
29.03 - Notification ....................................................................... 115
29.04 - Sick Leave Policy ............................................................. 116
29.05 - Carry-Over and Conversion .............................................. 118
29.06 - Leave Donation Program .................................................. 119
29.07 - Sick Leave Pilot Programs ................................................ 120
29.08 - Leave Availability ............................................................ 121
ARTICLE 30 – OTHER LEAVES WITH PAY............................ 121
30.01 - Jury Duty .......................................................................... 121
30.02 - Military Leave .................................................................. 121
30.03 - Bereavement Leave .......................................................... 121
30.04 - Voting ............................................................................... 122
30.05 - Witness Duty .................................................................... 122
30.06 - Professional Meetings ....................................................... 122
30.07 - Civic Duty ........................................................................ 122
30.08 - Paid Adoption/Childbirth Leave ....................................... 123
ARTICLE 31 – LEAVES OF ABSENCE ...................................... 125
31.01 - Unpaid Leaves .................................................................. 125
31.02 - Military Leave .................................................................. 127
31.03 - Application for Leave ....................................................... 127
31.04 - Authorization for Leave .................................................... 127
31.05 - Failure to Return from Leave............................................ 127
31.06 - Application of the Family and Medical Leave Act ........... 127
ARTICLE 32 – TRAVEL................................................................ 127
32.01 - Overnight Stays ................................................................ 127
32.02 - Personal Vehicle ............................................................... 127
32.03 - Travel Reimbursement...................................................... 128
32.04 - Travel Outside the United States ...................................... 128
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32.05 - Payment ............................................................................ 128
32.06 - Duty to Report .................................................................. 129
32.07 - Miscellaneous ................................................................... 129
ARTICLE 33 – UNIFORMS AND TOOLS .................................. 129
33.01 - Uniforms ........................................................................... 129
33.02 - Tools ................................................................................. 129
ARTICLE 34 – SERVICE-CONNECTED INJURY AND
ILLNESS .......................................................................................... 130
34.01 - Health Insurance ............................................................... 130
34.02 - Salary Continuation for Workers’ Compensation Claims 130
34.03 - Other Leave Usage to Supplement Workers’
Compensation ............................................................................... 132
34.04 - Occupational Injury Leave (OIL) ..................................... 132
34.05 - Transitional Work Programs ............................................. 132
34.06 - Hostage Leave .................................................................. 133
34.07 - Leave to Attend Industrial Commission Hearing ............. 133
34.08 - Implementation ................................................................. 133
ARTICLE 35 – DISABILITY BENEFITS .................................... 133
35.01 - Disability Program ............................................................ 133
35.02 - Disability Review ............................................................. 135
35.03 - Information Dissemination ............................................... 136
35.04 - Orientation ........................................................................ 136
35.05 - Insurance Providers and Third Party Administrators ........ 136
ARTICLE 36 – WAGES ................................................................. 136
36.01 - Definitions ........................................................................ 136
36.02 - General Wage Increase ..................................................... 136
36.03 - Step Movement ................................................................. 137
36.04 - Promotions ........................................................................ 137
36.05 - Classifications and Pay Range Assignments .................... 137
36.06 - Roll Call Pay ..................................................................... 146
36.07 - Longevity Pay ................................................................... 147
36.08 - Shift Differential ............................................................... 147
36.09 - Electronic Funds Transfer (EFT) ...................................... 147
36.10 - Agency Specific Agreements............................................ 148
36.11 - Payroll Errors .................................................................... 148
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ARTICLE 37 – EMPLOYEE TRAINING AND
DEVELOPMENT ............................................................................ 148
37.01 - Dissolution of the Workforce Development Fund-(5D7
Fund) ............................................................................................. 148
37.02 - Training and Development ............................................... 149
37.03 - Union Education Trust ...................................................... 149
37.04 - Orientation Training ......................................................... 149
37.05 - In-Service Training ........................................................... 150
37.06 - Leave for Training/Continuing Education Programs ........ 150
37.07 - Training Records .............................................................. 150
37.08 - Pre-Retirement Programs .................................................. 150
37.09 - Accreditation, Licensure or Certification Requirements .. 150
37.10 - Computer Purchase Program ............................................ 151
ARTICLE 38 – TECHNOLOGICAL CHANGE .......................... 151
ARTICLE 39 – SUB-CONTRACTING ......................................... 152
39.01 - Contracting Out ................................................................ 152
39.02 - Contracting-In ................................................................... 152
39.03 - Joint Sub-Contracting Pilots ............................................. 153
ARTICLE 40 – INDEMNIFICATION .......................................... 153
ARTICLE 41 – NO STRIKE/NO LOCKOUT .............................. 153
41.01 - Union Prohibition ............................................................. 153
41.02 - Affirmative Duty .............................................................. 154
41.03 - Disciplinary Actions ......................................................... 154
41.04 - Employer Prohibition........................................................ 154
ARTICLE 42 – SAVINGS .............................................................. 154
ARTICLE 43 – DURATION .......................................................... 154
43.01 - Duration of Agreement ..................................................... 154
43.02 - Renegotiations .................................................................. 155
43.03 - Mid-Term Contractual Changes ....................................... 155
43.04 - Memorandum of Understanding Duration ........................ 156
43.05 - Contract Dispute ............................................................... 156
ARTICLE 44 – MISCELLANEOUS ............................................. 156
44.01 - Agreement ........................................................................ 156
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44.02 - Operations of Rules and Law ........................................... 156
44.03 - Total Agreement ............................................................... 156
44.04 - Work Rules ....................................................................... 156
44.05 - Technology ....................................................................... 157
44.06 - Successor .......................................................................... 157
44.07 - Errata ................................................................................ 157
44.08 - OAKS and KRONOS Issues ............................................ 158
APPENDIX A ................................................................................... 159
Classifications - Bargaining Unit 3 ............................................... 162
APPENDIX B ................................................................................... 162
Classifications - Bargaining Unit 4 ............................................... 162
APPENDIX C ................................................................................... 163
Classifications - Bargaining Unit 5 ............................................... 163
APPENDIX D ................................................................................... 163
Classifications - Bargaining Unit 6 ............................................... 163
APPENDIX E ................................................................................... 166
Classifications - Bargaining Unit 7 ............................................... 166
APPENDIX F ................................................................................... 170
Classifications - Bargaining Unit 9 ............................................... 170
APPENDIX G................................................................................... 173
Classifications - Bargaining Unit 13 ............................................. 173
APPENDIX H................................................................................... 176
Classifications - Bargaining Unit 14 ............................................. 176
APPENDIX I .................................................................................... 182
Classification Groupings - Bargaining Unit 3 ............................... 182
Classification Groupings - Bargaining Unit 4 ............................... 183
Classification Groupings - Bargaining Unit 5 ............................... 184
Classification Groupings - Bargaining Unit 6 ............................... 184
xi
Classification Groupings - Bargaining Unit 7 ............................... 187
Classification Groupings - Bargaining Unit 9 ............................... 196
Classification Groupings - Bargaining Unit 13 ............................. 201
Classification Groupings - Bargaining Unit 14 ............................. 204
APPENDIX J – GEOGRAPHIC JURISDICTIONS .................... 213
ADJUTANT GENERAL .............................................................. 213
DEPARTMENT OF ADMINISTRATIVE SERVICES ............... 213
DEPARTMENT OF AGING ........................................................ 213
DEPARTMENT OF AGRICULTURE ........................................ 214
OFFICE OF BUDGET AND MANAGEMENT .......................... 214
CIVIL RIGHTS COMMISSION .................................................. 214
DEPARTMENT OF COMMERCE .............................................. 215
OFFICE OF CONSUMER’S COUNSEL ..................................... 215
OHIO DEVELOPMENT SERVICES AGENCY ......................... 215
OHIO DEPARTMENT OF DEVELOPMENTAL
DISABILITIES ............................................................................. 215
DEPARTMENT OF EDUCATION ............................................. 215
OHIO ENVIRONMENTAL PROTECTION AGENCY .............. 215
OHIO EXPOSITIONS COMMISSION ....................................... 216
DEPARTMENT OF HEALTH ..................................................... 216
DEPARTMENT OF HIGHER EDUCATION ............................. 217
OHIO HOUSING FINANCE AGENCY ...................................... 217
INDUSTRIAL COMMISSION OF OHIO ................................... 217
DEPARTMENT OF INSURANCE .............................................. 217
DEPARTMENT OF JOB AND FAMILY SERVICES ................ 217
STATE LIBRARY ....................................................................... 218
OHIO LOTTERY COMMISSION ............................................... 218
OHIO DEPARTMENT OF MEDICAID ...................................... 219
OHIO DEPARTMENT OF MENTAL HEALTH AND
ADDICTION SERVICES ............................................................ 219
DEPARTMENT OF NATURAL RESOURCES .......................... 219
OPPORTUNITIES FOR OHIOANS WITH DISABILITIES ...... 221
DEPARTMENT OF PUBLIC SAFETY (EXCLUDING STATE
HIGHWAY PATROL) ................................................................. 222
PUBLIC UTILITIES COMMISSION OF OHIO ......................... 223
DEPARTMENT OF REHABILITATION AND CORRECTION 223
DEPARTMENT OF TAXATION ................................................ 224
OHIO DEPARTMENT OF TRANSPORTATION ...................... 224
DEPARTMENT OF VETERANS SERVICES ............................ 225
BUREAU OF WORKERS’ COMPENSATION .......................... 225
DEPARTMENT OF YOUTH SERVICES ................................... 226
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APPENDIX K – GUIDELINES FOR OCCUPATIONAL
INJURY LEAVE (OIL)................................................................... 226
APPENDIX L – PAY RANGES ..................................................... 231
APPENDIX M – DRUG-FREE WORKPLACE POLICY .......... 236
APPENDIX N – WORK AREAS FOR MENTAL HEALTH AND
ADDICTION SERVICES, DEVELOPMENTAL DISABILITIES,
DEPARTMENT OF YOUTH SERVICES AND DEPARTMENT
OF VETERANS SERVICES .......................................................... 244
APPENDIX O – ALPHABETICAL CLASSIFICATION LIST .. 249
APPENDIX P – UNIT-SPECIFIC AGREEMENTS
(DEPARTMENT OF VETERANS SERVICES AND
DEPARTMENT OF DEVELOPMENTAL DISABILITIES)...... 268
4.1 - Overtime Roster .................................................................... 268
4.2 - Maintenance of the Roster .................................................... 269
4.3 ................................................................................................. 269
4.4 ................................................................................................. 269
4.5 ................................................................................................. 270
4.6 ................................................................................................. 270
4.7 ................................................................................................. 270
4.8 ................................................................................................. 270
4.9 ................................................................................................. 270
4.10 ............................................................................................... 271
APPENDIX Q – AGENCY SPECIFIC AGREEMENTS ............. 271
ADJUTANT GENERAL’S DEPARTMENT ............................... 271
DEPARTMENT OF ADMINISTRATIVE SERVICES ............... 276
DEPARTMENT OF AGRICULTURE ........................................ 277
DEPARTMENT OF COMMERCE .............................................. 280
OHIO DEPARTMENT OF DEVELOPMENTAL
DISABILITIES ............................................................................. 282
DEPARTMENT OF EDUCATION - OHIO SCHOOL FOR
THE DEAF AND OHIO STATE SCHOOL FOR THE BLIND .. 284
ENVIRONMENTAL PROTECTION AGENCY ......................... 287
DEPARTMENT OF HEALTH ..................................................... 288
DEPARTMENT OF JOB AND FAMILY SERVICES ................ 288
LOTTERY COMMISSION .......................................................... 296
DEPARTMENT OF MENTAL HEALTH AND ADDICTION
xiii
SERVICES ................................................................................... 298
DEPARTMENT OF NATURAL RESOURCES .......................... 307
OPPORTUNITIES FOR OHIOANS WITH DISABILITIES ...... 311
OHIO DEPARTMENT OF PUBLIC SAFETY ........................... 315
PUBLIC UTILITIES COMMISSION OF OHIO ......................... 318
DEPARTMENT OF REHABILITATION AND CORRECTION 322
OHIO DEPARTMENT OF TRANSPORTATION ...................... 328
DEPARTMENT OF VETERANS SERVICES ............................ 344
OHIO BUREAU OF WORKERS’ COMPENSATION ............... 346
DEPARTMENT OF YOUTH SERVICES ................................... 349
APPENDIX R – VOLUNTARY COST SAVINGS PROGRAM . 358
APPENDIX S – IT AGREEMENTS ............................................... 360
APPENDIX T – FURLOUGH ........................................................ 363
1
PREAMBLE
This Agreement, is hereby entered into by and between the State of
Ohio, hereinafter referred to as the Employer, and the Ohio Civil Service
Employees Association, AFSCME, Local 11, AFL-CIO, hereinafter
referred to as the Union, has as its purpose the promotion of harmonious
relations between the Employer and the Union; the establishment of an
equitable and peaceful procedure for the resolution of differences; and
the establishment of wages, hours, and other terms and conditions of
employment.
ARTICLE 1 – RECOGNITION
1.01 - Exclusive Representation
The Employer recognizes the Union as the sole and exclusive
bargaining representative in all matters establishing and pertaining to
wages, hours, and other terms and conditions of employment for all
permanent full and part-time employees and intermittent employees
(excluding temporary, interim, and seasonal employees, except
bargaining unit employees serving in an interim position) in the
classifications included in certifications of the State Employment
Relations Board (SERB).
These classifications include those listed in Appendices A-H
(bargaining units 3, 4, 5, 6, 7, 9, 13 and 14). Any classifications added to
the units shall be added to the appendices as though originally included.
The Employer will not negotiate with any other Union or employee
organization on matters pertaining to wages, hours and other terms or
conditions of employment. Nor shall the Employer permit dues
deduction for another organization purporting to represent employees on
these matters or negotiate with employees over wages, hours and other
terms and conditions of employment.
1.02 - Inclusion/Exclusion of Existing Classifications
If it is believed that the bargaining unit status of a position has
changed for a reason other than fiduciary relation, the Office of
Collective Bargaining or the Union, whichever is proposing the change,
shall notify the other. Following such notice, a joint or single party
petition may be filed with the State Employment Relations Board
(SERB). No change in bargaining unit status shall be effective prior to a
final determination by SERB.
1.03 - Fiduciary Positions
The Employer will notify the Union when it plans to declare a
bargaining unit position as fiduciary. The Union shall inform the
Employer of its position in writing within forty-five (45) days of receipt
2
of such notification. In the event the Union fails to respond within forty-
five (45) days, the Employer’s proposal will be deemed rejected and the
matter will be scheduled for arbitration. When a dispute occurs over the
designation of a position as fiduciary under the provisions of Section
124.11 of the Ohio Revised Code, the matter shall be resolved through
discussion between the Deputy Director of the Office of Collective
Bargaining and the President of the Union or his/her designee. If such
discussion does not resolve the matter, either party may submit the issue
to a mutually agreed upon arbitrator. No change in bargaining unit status
shall be effective until formal written agreement is executed between
OCB and the Union or a final determination is issued by the arbitrator.
Once the matter has been resolved through this Section, a joint Petition
for Amendment of Certification shall be filed before SERB within thirty
(30) days.
1.04 - Inclusion/Exclusion of New Classifications
The Employer shall provide the Union all new classification
specifications and changes to classification specifications, regardless of
bargaining unit status, within fourteen days (14) days of filing with the
Secretary of State. If a new classification is a successor title to a
classification covered by this Agreement with no substantial change in
duties, the new classification shall automatically become a part of this
Agreement.
If a new classification contains a significant part of the work now
done by any classifications in these bargaining units or shares a
community of interest with classifications in one of the bargaining units,
the Union may notify the Employer that it believes the classification
should be in the bargaining unit within thirty (30) days of its receipt of
the Employer’s notice. The parties will then meet within twenty-one (21)
days of such notice to review the classification specifications. Where
agreement is reached, the parties will file a joint Petition for Amendment
of Certification before SERB to include the new classification. If unable
to agree as to its inclusion or exclusion, the parties shall submit the
question to SERB for resolution.
1.05 - Bargaining Unit Work
Supervisors shall not increase, and the Employer shall make every
reasonable effort to decrease the amount of bargaining unit work done
by supervisors.
Supervisors shall only perform bargaining unit work to the extent
that they have previously performed such work. During the life of this
Agreement, the amount of bargaining unit work done by supervisors
shall not increase, and the Employer shall make every reasonable effort
to decrease the amount of bargaining unit work done by supervisors.
In addition, supervisory employees shall only do bargaining unit
3
work under the following circumstances: in cases of emergency; when
necessary to provide break and/or lunch relief; to instruct or train
employees; to demonstrate the proper method of accomplishing the tasks
assigned; to avoid mandatory overtime; to allow the release of
employees for Union or other approved activities; to provide coverage
for no shows or when the classification specification provides that the
supervisor does, as a part of his/her job, some of the same duties as
bargaining unit employees.
Except in emergency circumstances, overtime opportunities for
work normally performed by bargaining unit employees shall first be
offered to those unit employees who normally perform the work before
it may be offered to non-bargaining unit employees.
The Employer recognizes the integrity of the bargaining units
and will not take action for the purpose of eroding the bargaining units.
ARTICLE 2 – NON-DISCRIMINATION
2.01 - Non-Discrimination
Neither the Employer nor the Union shall discriminate in a way
inconsistent with the laws of the United States or the State of Ohio on
the basis of race, sex, creed, color, religion, age, national origin, political
affiliation, disability, sexual orientation, or veteran status. Except for
rules governing nepotism, neither party shall discriminate on the basis of
family relationship. The Employer shall prohibit sexual harassment and
take action to eliminate sexual harassment in accordance with Section
4112 of the Ohio Revised Code, and Section 703 of Title VII of the Civil
Rights Act of 1964 (as amended).
The Employer may also undertake reasonable accommodation to
fulfill or ensure compliance with the Americans with Disabilities Act of
1990 (ADA) and corresponding provisions of Chapter 4112 of the Ohio
Revised Code. Prior to establishing reasonable accommodation which
adversely affects rights established under this Agreement, the Employer
will discuss the matter with a Union representative designated by the
President.
The Employer shall not solicit bargaining unit employees to make
political contributions or to support any political candidate, party or
issue.
2.02 - Agreement Rights
No employee shall be discriminated against, intimidated, restrained,
harassed or coerced in the exercise of rights granted by this Agreement,
nor shall reassignments be made for these purposes.
2.03 - Equal Employment Opportunity/Affirmative Action
The Employer and the Union agree to work jointly to implement
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positive and aggressive equal employment opportunity/affirmative
action programs to prevent discrimination and to ensure equal
employment opportunity in the application of this Agreement.
The Agencies covered by this Agreement will provide the Union
with copies of equal employment opportunity/affirmative action plans
and programs upon request. Progress toward equal employment
opportunity/affirmative action goals shall also be an appropriate subject
for Labor/Management Committees.
ARTICLE 3 – UNION RIGHTS
3.01 - Access
It is agreed that the Agencies covered by this Agreement shall grant
reasonable access to stewards, professional Union representatives and
chapter officers, defined to include President and Vice President, for the
purpose of administering this Agreement. The Employer may provide a
representative to accompany a non-employee Union representative
where security or treatment considerations do not allow non-employee
access.
The Union shall furnish to the Employer, in writing, the names of
the Union representatives and their respective jurisdictional areas as soon
as they are designated. Any changes shall be forwarded to the Employer
by the Union as soon as changes are made.
3.02 - Stewards
The Employer agrees to recognize a reasonable number of local
stewards as designated by the Union. Stewards and chapter officers as
defined above shall be allowed a reasonable amount of time away from
their regular duties to administer the Agreement at the facility where they
work only within their own Agency unless the Agencies involved agree
to representation across Agency lines. In situations where there are only
a few employees of one Agency working at the facility of another
Agency, agreement to such representation shall not be unreasonably
withheld. In situations where there are only a few employees of one
Agency in a county, the Employer agrees that the right of stewards from
one Agency to represent bargaining unit employees from other Agencies
shall not be unreasonably denied.
Before a steward takes time away from his/her job duties to
administer the Agreement, the steward must inform his/her supervisor or
designee of the approximate duration of time the steward expects to be
away from his/her job duties and, if the steward is leaving the work area,
the duration of time expected to be away from the work area.
The Employer and the Union recognize the value of having an
adequate number of stewards to provide representation. The Union
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agrees to find ways to encourage more members to volunteer and train
as stewards within their respective chapter/jurisdiction.
The Employer recognizes that to ensure adequate Union
representation, in occasional or unusual circumstances, limited travel
time for stewards may be necessary. The Union will notify the Agency,
in writing, of the stewards designated prior to the steward assuming any
duties.
It is understood that the release of stewards is for contract
administration purposes including up to eight (8) hours, in a minimum
of four (4) hour increments, of release time during the employee’s
scheduled work hours for a new steward to attend Union hosted new
steward training. Reasonable diligence will be exercised by stewards in
performing their duties so that they do not interfere with the operational
needs of the Employer. The parties agree that where a bargaining unit
member is unable or unwilling to represent his/her own interest(s), a
designated steward shall be provided with all necessary documentation
regarding the issue and will stand in the place of the member as their
Union representative. Stewards and/or Union representatives requiring
release time for contract administration purposes, shall follow
procedures outlined in this Section, and Sections 3.11 and 25.07, of the
Agreement before leaving their work location. Stewards shall contact the
supervisor or designee of an area to be visited and shall secure the
signature of that supervisor or designee.
There shall be no cross-Agency representation except as follows: a
Chapter President shall be allowed to cross Agency lines to represent
employees covered by this Agreement in other Agencies when those
Agencies’ stewards are not available. The Agencies must be housed in
the same building or facility (facility as used in this Article is defined to
mean an institution or a complex of buildings in close physical proximity
to one another). Agreement to such representation shall not be
unreasonably denied.
3.03 - Union Activities
Employees who are members of a Labor/Management Committee,
Health and Safety Committee or other committees established in this
Agreement shall, after giving reasonable notice to their supervisor, be
permitted to attend such meetings. Unless mutually agreed otherwise,
such meetings will be held during normal working hours. Time off shall
include any time needed to travel to the committee meeting except that
no overtime will be paid if the travel time extends beyond the normal
work day. Reasonable time, not to exceed one (1) hour, shall be allowed
during work hours of members of any committee established by this
Agreement to caucus immediately before the meeting. Employee
participation in grievance meetings shall be pursuant to Article 25.
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3.04 - Meeting Space
The Union may host meetings at worksites where OCSEA is
customarily permitted and space is available. These meetings shall only
be held during employee breaks, lunch, before or after shift, and during
non-worktime. The Agency reserves the right to restrict access to the
premises/building outside of premises/building hours. OCSEA shall
provide no less than twenty-four (24) hours’ notice to the Agency in
advance of such meeting. The Union may request use of State property
to hold meetings. Where feasible, the Employer will provide such space.
Such meetings will not interrupt State work and will not involve
employees who are working. Such requests will not be unreasonably
denied.
3.05 - Bulletin Boards
The Employer shall provide a reasonable number of bulletin boards
for the use of the Union. When a bulletin board exists in a State-owned
trailer, the Union will be provided space on the bulletin board. In
locations where locked bulletin boards exist, the Union shall be
responsible for the key. In Mental Health and Addiction Services,
Developmental Disabilities and Corrections locked bulletin boards shall
be provided in the institutions. The items posted shall not be political,
partisan or defamatory. The Employer shall not remove materials from
Union bulletin boards.
3.06 - Mail Service and Use of State Electronic Systems
The Union shall be permitted to use the State inter and intra-office
paper mail system. This usage shall be limited to matters that involve the
Union and the Employer. It is not to be used for the purpose of mass
mailings to membership and/or bargaining unit employees. The
Employer agrees not to open employee/Union mail when clearly marked
as such. Where security is of concern, the mail shall be opened in the
presence of the addressee.
When feasible, and where equipment is currently available, Union
stewards and/or officers may utilize electronic mail and/or facsimile
equipment solely for contract enforcement and interpretation and
grievance processing matters. Such transmissions will be primarily to
expedite communication regarding such matters, will be reasonable with
respect to time and volume, and limited to communications with the
grievant, if any, appropriate supervisors and employee’s staff
representatives. Long distance charges which may be incurred must be
approved prior to transmission. There shall be no expectation of privacy
when using State equipment or electronic systems.
3.07 - Union Orientation
Where the Employer has a structured employee orientation program,
the Union shall be permitted to make a presentation not to exceed sixty
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(60) minutes in duration regarding the Union. The Employer will notify
the Union of newly hired employees at reasonable intervals, but no later
than before a scheduled orientation session.
3.08 - Information Provided to the Union
The Employer will provide to the Union, monthly, a listing of all
approved personnel actions involving bargaining unit employees.
The Employer will provide the Union with a list of employees who
have paid Union dues and fees. The list will accompany the transmittal
of money.
The Employer will furnish tables of organization as prepared from
time to time by the Agencies covered by this Agreement.
3.09 - Printing of Agreement
The parties will mutually share the cost of printing this Agreement.
3.10 - Union Leave
A. Mandatory Release
The following functions shall be subject to automatic release
without pay unless otherwise designated:
AFL-CIO Conference/Convention
AFSCME Convention
AFSCME Health and Safety Meeting
AFSCME International 21st Century Meeting
AFSCME International Corrections United Conference
AFSCME International Women’s Conference
AFSCME Nurse Advisory Conference
AFSCME Women’s Committee
Article 34 Committee (with pay)
Board Budget Committee
Board Election Petition Review Committee
Board Elections Committee
Board Structure Committee
Classification Review Committee (36.05 A)
Coalition of Black Trade Unionist Conference
Constitution Committee
Convention Credentials Committee
DPS Assembly
DR&C Assembly
DYS Assembly
Executive Board Meeting
Membership Committee
MHAS/DODD/VS Assembly
Negotiations Team Election Meeting
OCSEA/AFSCME Biennial Convention
OCSEA Board Election Count
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OCSEA Board of Directors (with pay)
OCSEA Board of Directors Committee for Minority and
Community Affairs
OCSEA Board of Directors Education Committee
OCSEA Board of Directors Finance Committee
OCSEA Board of Directors Governmental Affairs Committee
OCSEA Board of Directors Judicial and Internal Affairs
Committee
OCSEA Board of Directors Local Government Committee (now
known as the Alternative Contractual Obligations Committee)
OCSEA Board of Directors Membership and Public Relations
Committee
OCSEA Board of Directors Professional Advisory Committee
OCSEA Board of Directors Women’s Action Committee
OCSEA Convention Committee(s)
OCSEA Stewards Academy
OCSEA Stewards Conference
OCSEA Veteran’s Advisory Committee
OIL Appeal Panel (with pay)
Presidents Conference
State AFL-CIO Executive Board Meeting
State Board Committee
Statewide Leadership Conference
Statewide Strategic Planning Committee
Statewide Strategic Planning Oversight Committee
Statewide Structure Committee
Union Education Trust Quarterly Meetings and Conferences
Where possible, the Union shall provide notice seven (7)
calendar days in advance to the Office of Collective Bargaining
(OCB). It shall be the responsibility of the employee to give
reasonable notice to his/her supervisor prior to such absence.
B. Discretionary Release
Any committees, meetings, conferences, etc. not specifically
listed above may be approved for time off without pay upon
approval by OCB. Leave requests under this Section shall be
submitted in writing no less than seven (7) days in advance, except
where circumstances make such notice impossible. Any grievance
under this Section shall be filed at Arbitration to be arbitrated as
soon as possible.
The President, Vice President, and Secretary-Treasurer of
OCSEA, AFSCME Local 11, (which shall consist of a total of no
more than three (3) employees) shall be released and placed on full-
time administrative leave with pay to conduct Union business.
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The Union shall reimburse the Employer for all costs associated
with placing the employees on administrative leave with pay.
Employees on approved leave of five (5) consecutive days or
less shall receive leave accruals and other benefits as if they were in an
active pay status.
3.11 - Union Requests for Time Away from Job Duties for Union
Work
Each Agency may require that all requests for any form of time
away from job duties pursuant to this Article be made by completing a
form or log provided by the Agency. No employee will be permitted
time away from job duties pursuant to this Article, without completing
the form or log prior to the utilization of such time, and securing of
permission to utilize such time from the employee’s supervisor or
designee. The employee shall enter on the form the time the
employee begins performing union work and the time the
employee returns to the employee’s job duties. Employees who do
not return to their worksite prior to the end of the employees’ workday
shall complete the form at the beginning of the employees’ next
workday. Employees who normally work out of the office, will work
out an acceptable alternative procedure with their supervisor.
The Union shall provide a list of attendees and the hours released
for relevant release time requested pursuant to Section 3.10 and Article
43. However, this requirement is not applicable to joint committee
meetings with Labor and Management attendees; e.g., RWAC, Benefits
Trust, OCSEA Union Education Trust (UET) and JHCC.
3.12 - Union Offices
Where the Union currently has designated offices in any facilities or
institutions, such practice will continue during the term of this
Agreement. No new or additional Union offices will be provided to the
Union at any other State facilities.
At those facilities at which the Union does not currently have an
office, the Employer will provide space for a lockable filing cabinet for
the use of the Union. When available, the Union shall have access to a
private area to process grievances.
ARTICLE 4 – CHECKOFF
4.01 - Dues Deduction
The Employer will deduct biweekly membership dues payable to
the Union, upon receipt of a voluntary, written OCSEA
individual membership card and authorization for payroll deduction
form from any bargaining unit employee (“Card”). The Union
shall develop and maintain the Card, and the Card shall comply with
all applicable federal
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and state laws and regulations as well as any Executive Orders. The
Union shall ensure that the Card contains sufficient identifying
information in order to allow the Employer to identify the employee
named on the Card in order to permit proper processing of the Card. If
such information is not provided, then the Employer is not obligated to
deduct membership dues. Employee membership in the Union is
voluntary and is not a condition of employment.
The Employer will also deduct biweekly voluntary contributions to
the Union’s political action committee (PEOPLE) upon receipt of a
voluntary, written OCSEA individual authorization form from any
bargaining unit employee (“PEOPLE Card”). The Union shall develop
and maintain the PEOPLE Card, and the Card shall comply with all
applicable federal and state laws and regulations as well as any Executive
Orders. The Union shall ensure that the PEOPLE Card contains
sufficient identifying information in order to allow the Employer to
identify the employee named on the PEOPLE Card in order to permit
proper processing of the PEOPLE Card. If such information is not
provided, then the Employer is not obligated to deduct PEOPLE
contributions.
The Union shall ensure that any Card or PEOPLE Card developed,
maintained, or signed after the effective date of this Agreement complies
with all applicable federal, state, and local laws and regulations, and any
Executive Orders. The Union shall indemnify and hold harmless the
Employer from and against any liability incurred to any third parties and
any and all claims, suits, orders, or judgments brought against the
Employer that arise from: the Card or PEOPLE Card, including any
deduction of membership dues or PEOPLE contributions by the
Employer.
During the term of this Agreement the Union may, from time to
time, request to deduct Union fees or contributions to Union-sponsored
benefit programs. The Employer will not unreasonably withhold
approval.
Employees recalled from temporary or seasonal layoff or returning
from leave of absence shall resume payroll deduction of dues or fair
share fees, whichever was in effect prior to the interruption of payroll
status, commencing the first pay period of work.
Except for established payroll deductions for programs and
organizations in effect on the effective date of this Agreement, along
with any deductions for Employer sponsored programs and
organizations, no additional payroll deductions for dues, fees or
contributions shall be provided to any individual or organization without
the prior written consent of the Union and the Employer.
4.02 - Reserved for Future Use
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4.03 - Continuation of Dues Deductions
The Employer shall continue dues deductions for all employees in
the bargaining units who were members of the Union as of the effective
date of the Letter of Agreement between the parties dated July 7, 2020.
The Union shall permit employees who are members of the Union
pursuant to the version of the OCSEA membership application and
authorization for payroll deduction in use under the 2018-2021
Agreement and who have not signed any subsequent membership
application and authorization for payroll deduction, to resign their
membership and revoke authorization for payroll deduction at any time
upon submission of written notice to the Union at its principal office.
The Union shall honor such resignations and revocations effective on the
date received. Upon receiving notice of any such resignation and
revocation, the Union shall provide timely notice of each such
resignation and revocation to the Employer.
4.04 - Reserved for Future Use
4.05 - Indemnification
The Union agrees to indemnify and hold the Employer harmless
against any and all claims, suits, orders or judgments brought or issued
against the Employer as a result of any action taken or not taken as a
result of the Union under the provisions of this Article.
The parties agree that henceforth OCSEA shall indemnify the
Employer for any liability incurred to any third parties arising out of the
Employer’s deduction of dues or fees.
ARTICLE 5 – MANAGEMENT RIGHTS
The Union agrees that all of the functions, rights, powers,
responsibilities and authority of the Employer, in regard to the operation
of its work and business and the direction of its workforce which the
Employer has not specifically abridged, deleted, granted or modified by
the express and specific written provision of the Agreement are, and shall
remain, exclusively those of the Employer.
Additionally, the Employer retains the rights to: 1) hire and transfer
employees, suspend, discharge and discipline employees; 2) determine
the number of persons required to be employed or laid off; 3) determine
the qualifications of employees covered by this Agreement; 4) determine
the starting and quitting time and the number of hours to be worked by
its employees; 5) make any and all rules and regulations; 6) determine
the work assignments of its employees; 7) determine the basis for
selection, retention and promotion of employees to or for positions not
within the bargaining unit established by this Agreement; 8) determine
the type of equipment used and the sequences of work processes; 9)
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determine the making of technological alterations by revising the process
or equipment, or both; 10) determine work standards and the quality and
quantity of work to be produced; 11) select and locate buildings and other
facilities; 12) transfer or sub-contract work; 13) establish, expand,
transfer and/or consolidate, work processes and facilities; 14)
consolidate, merge, or otherwise transfer any or all of its facilities,
property, processes or work with or to any other municipality or entity
or effect or change in any respect the legal status, management or
responsibility of such property, facilities, processes or work; 15)
terminate or eliminate all or any part of its work or facilities.
ARTICLE 6 – PROBATIONARY EMPLOYEES
6.01 - Probationary Periods
A. New Hires, Promotions and Lateral Transfer to a Different
Classification
All newly hired and promoted employees, and employees who
are laterally transferred to a different classification shall serve a
probationary period. The initial probationary period for employees
newly hired on or after July 1, 2015 shall be three hundred sixty-
five (365) days from the effective date of hire. The probationary
period for employees promoted or laterally transferred to a different
classification shall be one hundred twenty (120) days for
classifications paid at grades 1 to 7 and grades 23 to 28 or one
hundred eighty (180) days for classifications paid at grades 8 to 12
and grades 29 to 36 and all employees of the Department of
Rehabilitation and Correction and the Department of Youth
Services, other than Correction Officers and Juvenile Correction
Officers. However, the Disability Claims Adjudicator 1, Realty
Specialist 1, all Attorney classifications, the Youth Leader in the
Schools for the Blind and Deaf, Correction Officer, and Juvenile
Correctional Officer classifications shall have a probationary period
of three hundred sixty-five (365) days from the effective date of
promotion or lateral transfer to a different classification.
A probationary period for an employee may be extended by
mutual agreement between the Union and Management.
During a lateral transfer to a different classification or
promotional probationary period, the Employer maintains the right
to place the employee back in the classification that the employee
held previously if the employee fails to perform the job requirements
of the new position to the Employer’s satisfaction.
During an initial probationary period, the Employer shall have
the sole discretion to discipline or discharge probationary
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employee(s) and any such probationary action shall not be
appealable through any grievance or appeal procedure contained
herein or to the State Personnel Board of Review (SPBR).
An employee’s probationary period may be extended by a
period equal to employee leaves of fourteen (14) consecutive days
or longer, except for approved periods of vacation leave. For
example, disability leave, adoption/childbirth, or any other leaves of
fourteen (14) consecutive days or longer shall not be counted toward
the employee’s initial or promotional probationary period.
The Employer will not modify the duration of a probationary
period of a classification(s) without the agreement of the Union.
B. Lateral Transfer within the Same Classification
Where a single classification involves work which varies
substantially among different positions within the classification, the
Employer may require employees who are laterally transferred in
the same classification to serve a trial period equal to one-half (1/2)
of the promotional probationary period for the classification.
During a lateral transfer trial period, the employee may elect to
return to his/her previous position or, if the employee fails to
perform the job requirements of the new position to the Employer’s
satisfaction, the Employer may place the employee back in the
position the employee previously held.
C. Demotion
The Employer may require employees who are demoted
pursuant to Article 17.04 to serve a trial period equal to one-half
(1/2) of the promotional probationary period for the classification.
During a trial period, the employee may elect to return to his/her
previous position or, if the employee fails to perform the job
requirements of the new position to the Employer’s satisfaction, the
Employer may place the employee back in the position the employee
previously held.
D. Inter-Agency Transfer
Employees who accept an inter-Agency transfer pursuant to
Article 17, shall serve a probationary period of one hundred eighty
(180) days, except in those classifications where the promotional
probationary period is three hundred sixty-five (365) days, such
employees shall serve a three hundred sixty-five (365) day
probationary period. If the employee fails to perform the job
requirements of the new position to the Employer’s satisfaction, the
Employer may remove the employee. The employee may not
challenge such removal.
E. Cross-Collective Bargaining Agreement Rights
Employees who are in a classification outside of those covered
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by this Collective Bargaining Agreement and who accept a position
in a classification covered by this Collective Bargaining Agreement
shall serve a probationary period of one hundred eighty (180) days,
except in those classifications where the promotional probationary
period is three hundred sixty-five (365) days, such employees shall
serve a three hundred sixty-five (365) day probationary period. If
the employee fails to perform the job requirements of the new
position to the Employer’s satisfaction, the Employer may remove
the employee. The employee may not challenge such removal.
F. Department of Rehabilitation and Correction and Department
of Youth Services
Employees who have served a probationary period in another
classification shall have the length of the probationary period, up to
a maximum of six (6) months, credited toward the Correction
Officer (CO) and Juvenile Correctional Officer (JCO) probationary
period. Following the completion of six (6) months of the
probationary period, COs and JCOs shall be given the opportunity
to select work assignments under the institution’s Pick-A-Post
Agreement.
The performance of each employee within the Department of
Rehabilitation and Correction and the Department of Youth Services
shall be reviewed at least every four (4) months during the
probationary period.
6.02 - Conversion of Temporary, Intermittent, Interim, Welfare to
Work Initiative or Seasonal Employees
A temporary, intermittent, interim, funded position under a Welfare
to Work Initiative or seasonal employee who becomes a permanent
employee in the same Agency, classification and job duties will be
credited with time served if it is connected to their permanent
appointment, but no more than one-half (1/2) the length of the
probationary period for that classification.
ARTICLE 7 – OTHER THAN PERMANENT POSITIONS
7.01 - Temporary Positions
Temporary positions are those positions in which work is of a
temporary nature and a specified duration, not to exceed sixty (60) days.
The Employer agrees not to use temporary positions to avoid filling
permanent full-time positions.
7.02 - Interim Positions
A. Interim positions are those positions in which the work is of a
temporary nature and the duration is fixed by the length of absence
of an employee on an approved leave of absence. The duration of
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interim positions shall not exceed thirty (30) days plus the length of
the leave of absence. Current bargaining unit employees may
receive internal interim appointments to another position within a
bargaining unit covered by the terms of this Agreement; and shall
be compensated as a temporary working level (TWL) pay
supplement.
B. Internal Interim Appointments to Non-Bargaining Unit Positions
Bargaining unit employees may receive internal interim
appointments to positions which are not covered by this Agreement;
and shall be compensated as a temporary working level. Such
employees will be considered members of the bargaining unit for
the duration of the interim assignment, but shall not represent either
the Employer or the Union in Labor/Management issues or the
administration of this Agreement while holding the interim
appointment.
7.03 - Intermittent Positions
Intermittent positions are those positions in classifications covered
by this Agreement which do not exceed one thousand (1,000) hours per
employee in any fiscal year. The Employer agrees not to use intermittent
positions to avoid filling permanent full-time positions. The allocation
and use of intermittent positions shall be an appropriate subject for the
Labor/Management Committee.
All intermittent positions are in the unclassified service. All
intermittent positions are scheduled at the discretion of the Employer,
with no rights under Article 13, except Sections 13.03 and 13.04. An
employee in an intermittent position may be terminated at will without
recourse, and such termination is considered for just cause.
Employees in intermittent positions shall be hired at Step 1 of the
appropriate pay range for their classification. The employees in the
intermittent positions shall not serve a probationary period. The
employees in the intermittent positions are not eligible for step increases
or longevity or any contractual benefits received by permanent
employees (e.g., vision, dental, life, health insurance, holiday pay, leave
accruals, any other paid leave, shift differential, pay supplements, etc.).
Those employees who are currently receiving steps and longevity shall
be permitted to maintain them until they are separated. No contribution
will be made to the UBT or UET for the intermittent positions.
Intermittent positions are not subject to the layoff provisions of
Article 18. Employees in intermittent positions shall be terminated
before any full or part-time permanent employee in the same
classification and work unit, as mutually agreed, is laid off. Employees
in intermittent positions shall not have recall or reemployment rights.
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7.04 - Seasonal Employees
A seasonal employee is one that works a certain regular season or
period of the year performing some work or activity limited to that
season or period of the year not to exceed fourteen (14) consecutive
weeks, except that Golf Course Workers and Lifeguards may work
beyond fourteen (14) weeks. The Employer agrees not to abuse the
designation of seasonal status.
7.05 - Salaries of Interim Positions and Non-Intermittent 1,000
Hour Assignments Positions
Salaries for interim positions and non-intermittent 1,000 hour
assignments positions shall be equal to the step rate in the pay range of
the classification received by permanent employees with an equivalent
length of service.
7.06 - Seasonal, Intermittent, Interim, Temporary Overtime
Employees in the temporary appointment type may be scheduled to
avoid overtime. Employees in the temporary appointment type shall not
earn compensatory time.
Overtime that is available when seasonal, intermittent, temporary
and interim employees are on staff shall first be offered to permanent
employees pursuant to Section 13.07.
7.07 - Welfare to Work Initiative Participants
Welfare to Work participants shall not displace full/part-time
permanent bargaining unit employees. In the event that there is a recall
list within an Agency, Welfare to Work participants will not be utilized
in the same classification within the geographic jurisdiction where the
recall list exists. In the event the program covering the participant
requires wage rates and benefits different than those provided by the
Employer, the Employer shall provide the wage rates and benefits
pursuant to the program. Where the program does not specify wage rates
or benefits, the Employer will provide the applicable wage rates and
benefits as enumerated in this Agreement.
7.08 - Work Scheduling
Except at the request of an affected employee, no employee shall
have the number of hours they are normally scheduled to work reduced
as the result of the use of non-permanent employees such as, but not
limited to: seasonal, intermittent, student interns, interns, interim,
established term, or temporary employees, due to the performance of
such employee’s duties by the nonpermanent employee.
7.09 - Project Employees
Project Employees are an appropriate topic for Labor/Management
Committees.
7.10 - Temporary Working Level Pay Supplements
The Employer may temporarily assign an employee to replace an
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absent employee, to fill a vacant position during the posting and selection
process, or to complete a specific assignment or project. All temporary
working level assignments used either to fill a vacant position during the
posting and selection process or to complete assignments for specific
assignments or projects shall not exceed one hundred twenty (120) days
unless mutually agreed to by the parties. If the temporary assignment is
to a classification with a higher pay range, and is in excess of four (4)
working days, the affected employee shall receive a pay adjustment
which increases his/her step rate of pay to the (a) classification salary
base of the higher level position or (b) a rate of pay approximately four
percent (4%) above his/her current step rate of compensation, not to
exceed the top step in the pay range assigned.
ARTICLE 8 – LABOR/MANAGEMENT COMMITTEES
8.01 - Agency Committees
In each Agency, there shall be a statewide committee consisting of
an equal number of Union and Employer representatives. In each Agency
that operates with institutions/geographic districts or regions, there shall
be a committee consisting of an equal number of Union and Employer
representatives per institution/geographic district or region unless
otherwise mutually agreed upon by the parties. The Statewide Agency
Committee will meet at least two (2) times per year but shall receive,
upon request, quarterly progress reports. The institution/geographic
district or region committee shall meet at least four (4) times per year.
8.02 - Committee Purpose and Agenda
The purpose of these committees is to provide a means for
continuing communication between the parties and to promote a climate
of constructive employee-Employer relations. This would include, but is
not limited to, such activities as to:
A. Discuss the administration of this Agreement;
B. Notify the Union of changes contemplated by the Employer which
may affect bargaining unit employees;
C. Discuss the future needs and programs of the Employer;
D. Disseminate general information of interest to the parties;
E. Give the Union representatives the opportunity to discuss the views
of bargaining unit employees and/or make suggestions on subjects
affecting those employees;
F. Give the parties the opportunity to discuss the problems that give
rise to outstanding grievances and to discuss ways of preventing
contract violations and other workplace conflicts from occurring.
The parties agree that the discussion of individual grievances is not
an appropriate topic for Labor/Management Committees;
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G. Proposed work rules will be an appropriate subject for discussion;
and
H. Such other items as the parties may mutually agree to discuss. All
committees will be co-chaired by a Union and an Employer
representative. The agenda for each meeting shall be jointly
prepared by the co-chairpersons in advance of the meeting. The
parties are committed to a timely completion and distribution of the
minutes. The minutes shall not be construed as constituting a
binding agreement or negotiations between the parties.
I. Agency Labor Management Committee discussions on telework
will be governed by the Telework Letter of Agreement. The
Telework Letter of Agreement shall remain in effect through the
duration of the 2021-2024 OCSEA Collective Bargaining
Agreement. The Telework Letter of Agreement shall expire at the
conclusion of the 2021-2024 OCSEA Collective Bargaining
Agreement unless mutually agreed to otherwise.
8.03 - Time Off
Unless mutually agreed otherwise, such meetings shall be held
during normal work hours. Agencies which have provided the use of
Agency vehicles or which have paid mileage reimbursement shall
continue the practice.
8.04 - Labor/Management Relations
The Employer and the Union recognize that the character and
quality of the Union/Management relationship in each Agency has an
impact upon productivity and quality services. Accordingly, the parties
agree to support joint Labor/Management training in skills and concepts
which may contribute to increased Union/Management understanding
and cooperative relationships.
8.05 - Joint Information Technology (IT) Committee
A. Composition
The parties shall each appoint an equal number of Labor and
Management representatives that will meet to address information
technology workforce issues. The committee shall meet at least
quarterly or as often as mutually determined that there is a need.
B. Purpose
The purpose of the committee is to:
1. Review practices and develop education and training initiatives
that help build the capacity of the State IT workforce. The
parties are committed to joint initiatives that will do the
following:
a. Address career development to include elements
such as identification of skills/talent needs,
assessment of staff strengths, identification of
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skill gaps, and design of staff development
plans/programs. The purpose is to build a capable
and competitive workforce to support the strategic
direction and operational needs of the Agency.
b. Formalize a career development process to
identify, communicate, and foster the critical
skills the Employer must have. This includes
tracking and communicating current IT trends,
Agency specific technology requirements, and
statewide standards.
c. Create career development initiatives that will
integrate knowledge management and training to
build bench strength, reduce employee turnover,
and minimize staff augmentation and outsourcing.
2. Help address workforce planning issues that are related to skill
shortages, hiring or deploying the workforce, and meeting
competencies required by the State.
3. Examine and jointly address high performance work initiatives.
4. Establish procedures to maintain an updated IT classification
system that meets the needs of State government that includes
relevant job descriptions and appropriate pay for bargaining
unit employees.
5. Promote improved communications between bargaining unit
employees and Management that can include establishment of
Agency Labor/Management IT Committees.
6. The committee agrees to discuss ways to encourage individuals
to develop the skills and knowledge necessary to perform State
IT work with all available resources including UET resources.
C. Subcommittees
The Statewide Joint Information Technology Committee may
establish any subcommittees it deems necessary in order to fulfill its
mission. Subcommittee members may include Agency
representatives, subject matter experts, or any other persons deemed
necessary by the Statewide Joint IT Committee. All committees will
maintain an equal number of Management and Union
representatives.
D. IT Personal Services Contracting Subcommittee
Notwithstanding the Sections of Article 39, within sixty (60) days
of the effective date of the Agreement, the parties will establish a
subcommittee for the purpose of analyzing IT personal services
contracts. The subcommittee, in conjunction with selected State
Agencies, will conduct research aimed at identifying the cost,
capabilities required, performance expectations, quality, program
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requirements, or other factors that influence contracting out IT personal
services work. The subcommittee will be provided access to available
information regarding costs, performance outcomes/expectations, and
other information relevant to conducting a cost comparison between
State-operated work and IT personal services contracted work. The goal
is to identify potential solutions to better use bargaining unit employees
to reduce IT personal services contracted work.
ARTICLE 9 – OHIO EMPLOYEE ASSISTANCE PROGRAM
9.01 - Joint Promotion
The Employer and the Union recognize the value of counseling and
assistance programs to those employees who have personal problems
which interfere with their job duties and responsibilities. Therefore, in
all Agencies covered by this Agreement, the Union and the Employer
agree to continue the existing Ohio Employee Assistance Program (Ohio
EAP), including its referral and counseling services for employees and
members of the employee’s immediate family, and to work jointly to
promote the program.
9.02 - Ohio EAP Advisory Committee
The parties agree that there will be a committee composed of nine
(9) Union representatives that will meet with and advise the Director of
the Ohio EAP. This committee will review the program and discuss
specific strategies for improving access for employees. Additional
meetings will be held to follow up and evaluate the strategies. The Ohio
EAP shall also be an appropriate topic for Labor/Management
Committees.
9.03 - Ohio EAP Steward Training
The Employer agrees to provide orientation and training about the
Ohio EAP to Union stewards. To the extent practical, the Ohio EAP shall
conduct such training in all Agencies at least once every twenty-four (24)
months, and the training will be conducted jointly with exempt
employees. All new stewards shall receive Ohio EAP training within a
reasonable time of their designation. Such training shall deal with the
central office operation and community referral procedures. Such
training will be held during regular working hours. Whenever possible,
training will be held for stewards working second and third shifts during
their working time.
9.04 - Employee Participation in Ohio EAP
A. Records regarding treatment and participation in the Ohio EAP shall
be confidential. No records shall be maintained in the employee’s
personnel file except those that relate to the job or are provided for
in Article 23. In cases where the employee and the Employer have
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entered into a voluntary EAP Participation Agreement in which the
Employer agrees to defer discipline as a result of employee
participation in the Ohio EAP treatment program, the employee
shall be required to sign appropriate releases of information to the
extent required to enable the Ohio EAP staff to provide the
Employer with reports regarding compliance or noncompliance with
the Ohio EAP treatment program.
B. If an employee has exhausted all available leave and requests time
off to have an initial appointment with a community agency, the
Agency shall provide such time off without pay.
C. The Employer or its representative shall not direct an employee to
participate in the Ohio EAP. Such participation shall be strictly
voluntary.
D. Seeking and/or accepting assistance to alleviate an alcohol, other
drug, behavioral or emotional problem will not in and of itself
jeopardize an employee’s job security or consideration for
advancement.
ARTICLE 10 – CHILD CARE
10.01 - Child Care Expenses Reimbursement Program
The Employer will assure that eligible employees have the
opportunity to participate in a child care expenses reimbursement
program which provides the reimbursement on a pre-tax basis in
accordance with Section 129 of the Internal Revenue Service Code as
amended and other applicable law.
A. Eligibility
1. Employees must have been employed full-time since January 1
of the previous year to receive full reimbursement; provided
however, that
2. Full-time employees whose employment began after January 1
of the previous year and part-time employees are eligible for
this program on a prorated basis based on the number of hours
worked in a calendar year.
3. The employee’s adjusted gross family income for the calendar
year for which they seek child care expenses reimbursement
shall not exceed $35,000.
4. The employee had employment-related child care expenses in
the previous calendar year equal to or greater than the amount
of the payment as provided in Section C below;
5. Employment-related child care expenses must have been for
those children defined pursuant to IRS Section 129, at the time
the expenses were incurred.
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B. Verification
No later than April 15, employees must submit a copy of their
Form 1040 and a copy of their receipt(s) for child care expenses for
the previous calendar year to be eligible for reimbursement.
Employees, and spouses when joint income is used, may be required
to authorize the Employer to obtain verification of tax information
through State and/or Federal Tax authorities.
C. Reimbursement Schedule
Maximum reimbursement shall be as follows:
1. $500.00 for one (1) eligible child.
2. $800.00 for two (2) eligible children.
3. $100.00 for each eligible child thereafter to a maximum family
allotment of $1,000.00.
D. Proration
Proration of child care expenses reimbursement based on
calendar year adjusted gross family income shall be as follows:
Adjusted
Gross
Family
Income
One
Child
Two
Children
Three or
more/
Each
Child
Family
Maximum
less than
$25,000
$500
$800
$100
$1000
$25,001 to
$30,000
$375
$600
$75
$750
$30,001 to
$35,000
$250
$400
$50
$500
10.02 - Dependent Care Spending Account Program
The Employer will continue to provide employees with the
opportunity to participate in a program which allows employees to
deposit pre-tax income into a dependent care spending account. Money
in this account may be utilized to help pay the expenses of caring for
dependent children or adults. The program shall include the following
characteristics:
A. It is in accordance with Sections 129 and 125 of the Internal
Revenue Service Code as amended and other applicable law;
B. It assists in paying the expenses of caring for a dependent child or
adult for whom care must be provided in order for the employee to
work;
C. All permanent full-time and permanent part-time employees are
eligible to participate;
D. The program has an annual open-enrollment period.
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10.03 - Communication of Programs to Employees
Within ninety (90) days of the effective date of this Agreement the
Employer and the Union will meet to discuss development of appropriate
methods to communicate these programs to employees.
ARTICLE 11 – HEALTH AND SAFETY
11.01 - General Duty
Occupational health and safety are the mutual concern of the
Employer, the Union and employees. The Union will cooperate with the
Employer in encouraging employees to observe applicable safety rules
and regulations. Employees or the Union shall report safety and health
violations of which they are aware to their supervisor. The Employer and
employees shall comply with applicable Federal, State and local safety
laws, rules and regulations, and Agency safety rules and regulations. The
Employer will consider ergonomics when selecting products. Nothing in
this Agreement shall imply that the Union has assumed legal
responsibility for the health and safety of employees.
11.02 - Personal Protective Clothing and Equipment
Personal protective clothing and equipment required by the Agency
to preserve the health and safety of employees shall be furnished and
maintained by the Agency without cost to employees. The Agency may
initially purchase other clothing items without assuming any further
responsibility to maintain those same items, except as specifically
required by law and this Agreement. Disposable gloves, disinfectant, and
mouth pieces will be accessible to employees while directly caring for
patients, residents, clients, inmates or youths.
11.03 - Unsafe Conditions
All employees shall report promptly unsafe conditions related to
physical plant, tools and equipment to their supervisor. Additionally,
matters related to patients, residents, clients, youths and inmates which
are abnormal to the employees’ workplace shall be reported to their
supervisor. If the supervisor does not abate the problem, the matter
should then be reported to an Agency/Facility safety designee. In such
event, the employee shall not be disciplined for reporting these matters
to these persons. An Agency/Facility safety designee shall abate the
problem or will report to the employee or his/her representative in five
(5) days or less reasons why the problem cannot be abated in an
expeditious manner. The appropriate Health and Safety Committee(s)
will be provided the name(s) of the Agency/Facility safety designee(s).
No employee shall be required to operate equipment that any
reasonable operator in the exercise of ordinary care would know might
cause injury to the employee or anyone else. An employee shall not be
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subject to disciplinary action by reason of his/her failure or refusal to
operate or handle any such unsafe piece of equipment. In the event that
a disagreement arises between the employee and his/her supervisor
concerning the question of whether or not a particular piece of equipment
is unsafe, the Agency/Facility safety designee shall be notified and the
employee shall not be required to operate the equipment until the
Agency/Facility safety designee has inspected said equipment and
deemed it safe for operation.
An employee shall not be disciplined for a good faith refusal to
engage in an alleged unsafe or dangerous act or practice which is
abnormal to the place of employment and/or position description of the
employee. Such a refusal shall be immediately reported to an
Agency/Facility safety designee for evaluation. An employee confronted
with an alleged unsafe situation must assure the health and safety of a
person entrusted to his/her care or for whom he/she is responsible and
the general public by performing his/her duties according to Agency
policies and procedures before refusing to perform an alleged unsafe or
dangerous act or practice pursuant to this Section.
Nothing in this Section shall be construed as preventing an
employee from grieving the safety designee’s decision.
11.04 - Workplace Violence
The Employer and the Union recognize that violence against
employees is serious and requires violence prevention programs.
Agencies will develop practices and procedures aimed at reducing risk
of job-related violence. Agency plans shall consider Occupational Safety
and Health Administration (OSHA) guidelines for preventing workplace
violence to guide development of each Agency plan. Agency plans shall
be reviewed with the Agency Health and Safety Committee which shall
be provided an opportunity for input.
11.05 - Communicable Diseases
Upon written request, an employee shall be provided with
information on all communicable diseases to which he/she may have
routine workplace exposure. Information provided to employees shall
include the symptoms of the diseases, modes of transmission, methods
of self-protection, proper workplace procedures, special precautions and
recommendations for immunization where appropriate. The
communicable disease policy and any subsequent revisions will be
disseminated to the Agency Health and Safety Committee(s).
The Employer recognizes that some employees who work with
individuals infected with hepatitis B virus may be at increased risk of
acquiring hepatitis B infection. In accordance with the U.S. Department
of Labor, Occupational Safety and Health Administration (OSHA)
guidelines, hepatitis B vaccinations shall be made available to all
25
employees who have high risk occupational exposure to the virus. Low
risk employees will have vaccinations made available post exposure,
within the timelines required under federal regulations, i.e., if exposed to
blood or other potentially infectious materials. Post exposure evaluation
and follow-up consultations will be made available for all employees
who experience an exposure incident. “Occupational exposure” shall
have the same meaning in this Agreement as is contained in the OSHA
guidelines. Hepatitis B vaccinations shall be offered within ten (10)
working days of initial assignment to employees who have occupational
exposure to blood or other potentially infectious materials. Employees
who decline the initial vaccination may, at a later date, request and obtain
the vaccination from the Employer. All hepatitis B vaccinations and
related medical procedures pertaining to its administration are to be
made available at no cost to the employee.
Mandatory tuberculosis screening may be conducted annually for all
employees in Agencies with higher incidence of risk. Based on the risk
assessment, some employees or work areas may need to be tested more
often than annually. Such additional testing will be based upon Centers
for Disease Control (CDC) guidelines. The Employer will hold the
employee harmless from any costs incurred as a result of additional tests
or x-rays incurred as a result of an initial positive reaction.
If a resident or inmate is found to carry a communicable disease, all
appropriate precautions shall be taken.
11.06 - The Right-to-Know About Toxic Substances
All employees shall have access to information on all toxic
substances in the workplace pursuant to current OSHA regulations.
11.07 - First Aid and Cardiopulmonary Resuscitation (CPR)
Adequate first aid equipment, supplies and training shall be
provided by the Agency on an ongoing basis. Where not required by
actual job responsibility, employees may volunteer for first aid training.
All Agencies shall make available CPR training on a regular basis where
feasible. All employees at worksites where there is a dispensary staffed
by a medical professional shall have access to the dispensary.
In addition to those employees currently required, all direct care and
custody staff within the Department of Rehabilitation and Correction
(DR&C) and Department of Youth Services (DYS) shall be required to
be certified and maintain said certification in CPR and shall have first
aid training. DR&C and the Agency Health and Safety Committee will
also review medical protocol(s) and policies related to staff exposure to
blood and bodily fluids. The Health and Safety Committee will review
and make recommendations on staff education and training regarding
blood and bodily fluid exposure that may result from an employee
providing CPR.
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11.08 - Video Display Terminals
The Employer shall provide ergonomically appropriate VDT
equipment at all computer and word processing stations purchased or
installed after the effective date of the Agreement, whenever the
employee has principal job responsibilities which involve the use of such
equipment for a majority of his/her time.
The Employer will make every effort to schedule at least fifteen (15)
minutes of non-VDT work every two (2) hours for those employees who
work for extended periods of time at video display terminals. Non-VDT
work is in addition to rest periods provided by Section 13.04.
11.09 - Working Alone
Agencies will develop practices and procedures to minimize as
much as possible any situations where employees work alone in
potentially hazardous areas and, in those cases where employees are
required to work alone, Agencies will develop practices and procedures
to minimize as much as possible any potential risk to the affected
employees. A periodic check on the safety of employees who work alone
in potentially hazardous areas will be made or a means of communication
to the worksite base location will be provided to employees who work
alone in potentially hazardous areas.
11.10 - Asbestos
If an employee from an Agency not housed in a State-owned facility
has reason to suspect that there may be friable asbestos in that building,
he/she may request an asbestos inspection by the Public Employees Risk
Reduction Program (PERRP). PERRP will investigate the complaint and
issue a report to the appropriate Agency, to the employee, and to the
appropriate Health and Safety Committee if such committee participated
in the filing of the complaint. If asbestos is found in sufficient quantities
to require abatement, the Employer will inform the building owner of the
need to comply with the abatement order as required under the terms of
State leases.
An employee who works in a State owned building who suspects
the presence of friable asbestos should report the condition to his/her
supervisor and to PERRP. PERRP will investigate the complaint and
issue a report to the appropriate Agency, to the employee, and to the
appropriate Health and Safety Committee if such committee participated
in the filing of the complaint. Any friable asbestos will be abated by the
Employer.
The appropriate Health and Safety Committee will be provided with
a copy of the Employer’s asbestos abatement plan and only licensed
asbestos abatement firms will be used to perform necessary asbestos
removal or abatement work.
Any employee engaged in maintenance, plumbing, electrical work,
27
renovation or repair who may disturb or damage, or work with asbestos-
containing materials, will be trained as to the proper procedures to
follow. No employee shall be required to work around friable asbestos
without proper training and equipment.
11.11 - Concern for Pregnancy Hazards
The Employer will work with the Union to make a good faith effort
to provide alternative, comparable work and equal pay to a pregnant
employee upon a doctor’s recommendation.
11.12 - Health and Safety Committees
The Agencies and the Union shall establish Labor/Management
Health and Safety Committees. Each Agency shall have a Health and
Safety Committee. This committee may be combined with the Agency
Labor/Management Committee upon mutual agreement of Agency
Management and the Union.
In each Agency that operates with institutions/geographic districts
or regions, there shall be a Health and Safety Committee per
institution/geographic district or region, unless otherwise mutually
agreed upon.
Unless mutually agreed otherwise each committee shall be
composed of no more than three (3) representatives appointed by the
Employer and three (3) employees appointed by the Union and shall be
co-chaired by a Union and an Employer representative.
Each facility operated by Agencies required to meet health and
safety standards established by the Joint Commission on the
Accreditation of Health Care Organizations (JCAHCO) or the
Accreditations Council for Services for MRDD (AC MRDD) and/or the
Medicaid/Medicare reimbursement programs shall have one (1) Health
and Safety Committee. The committees shall be chaired by the Agency
designee. In addition to the Health and Safety Committee membership
required by the JCAHCO or the AC MRDD and/or Medicaid/Medicare,
the Union shall appoint two (2) representatives to serve on the committee
within thirty (30) days after the effective date of this Agreement.
The general responsibility of all the committees will be to provide a
safe and healthful workplace by recognizing hazards and recommending
abatement of hazards and recommending education programs. To fulfill
this responsibility the committees shall:
A. Meet on a definitely established schedule, but in no case more
frequently than once a quarter, unless otherwise mutually agreed;
B. Arrange periodic inspections to detect, evaluate and offer
recommendations for control of potential health and safety hazards
including working alone situations;
C. Appoint members of the Union to accompany inspections;
D. Discuss Agency plans and policies for preventing workplace
28
violence;
E. Receive copies of all accident and illness reports, lists of toxic
materials and exposure records; when incident reports involve
resident(s), client(s), patient(s), youth(s) and/or inmate(s), for
purposes of confidentiality, a separate accident report will be
prepared omitting the name(s) of the resident(s), client(s), patient(s),
youth(s) or inmate(s);
F. Receive data of assaults on staff and rules infractions regarding
inmate(s) and youth(s); such reports will not include any resident,
client, patient, youth and/or inmate names or identifying
information, when required;
G. Promote health and safety education; and
H. Maintain and review minutes of all committee meetings.
I. The Employer will make available to Agency Health and Safety
Committees information regarding ergonomic requirements that can
be used to make appropriate adjustments in existing workplace
settings.
Members of the Health and Safety Committee shall be allowed paid
time off from their regular work while performing committee duties and
shall also be allowed paid time off for training relating to health and
safety.
Each committee shall establish rules consistent with the above
principles. A mechanism to coordinate the efforts of individual
committees shall be established at each Agency.
11.13 - Physical Exams
The Employer agrees to provide physical exams without cost to
employees when such tests are necessary to determine whether the health
of employees is being adversely affected by exposure to potentially
harmful physical agents or toxic materials.
The Employer agrees to provide to each employee and his/her
personal physician a complete and accurate written report of any such
medical examination related to occupational exposure.
Additionally, written results of any industrial hygiene
measurements or investigations related to an employee’s occupational
exposure shall also be provided upon request of the employee or the
Union. All physical examinations required by the Federal Aviation
Administration for pilots shall be paid for by the State.
11.14 - Duty to Report
All employees who are injured or who are involved in an
accident/incident during the course of their employment shall file an
accident/incident report, on forms furnished by the Employer, no matter
how slight the accident/incident.
29
11.15 - Vehicle Inspection
All State vehicles which are operated by employees shall be
inspected annually by the Agency. The State shall maintain a program to
certify qualified inspectors who shall make a comprehensive inspection.
Any deficiencies revealed by such inspection shall be promptly corrected
by the Agency.
11.16 - Water and Restroom Facilities
Safe, chilled drinking water will be provided to all employees.
Employees shall have access to restroom facilities in close proximity to
their place of employment except for road or field crews. Road or field
crews working at a fixed location such as a construction site shall have
access to a port-a-john. Whenever restroom facilities are not available,
the Employer will make a good faith effort to provide transportation for
employees to travel to a restroom upon request. In institutions,
employees’ restrooms shall be separate from those used by residents or
inmates whenever practical. The discussion of separate restrooms shall
be an appropriate topic for Labor/Management meetings.
11.17 - Personal Property
Employees shall receive reasonable reimbursement for the cost of
any personal property worn by the employee destroyed or damaged in
the line of duty providing there is no finding of negligence on the part of
the employee.
11.18 - Lounge Areas
Existing lounges shall be maintained by the Employer.
11.19 - Emergency Phone Use
Employees shall promptly be notified of and permitted to answer
incoming emergency phone calls and make return emergency calls on a
State phone.
ARTICLE 12 – STAFFING CONCERNS
The Union and the State mutually desire that staffing levels in State
institutions are sufficient to ensure safe, high quality, effective delivery
of institutional services, and desire as well that staffing levels in non-
institutional State Agencies are sufficient to ensure timely, high quality,
effective provision of services to the public.
ARTICLE 13 – WORK WEEK, SCHEDULES AND OVERTIME
13.01 - Standard Work Week
The standard work week for full-time employees covered by this
Agreement shall be forty (40) hours, exclusive of the time allotted for
meal periods, consisting of five (5) consecutive work days followed by
30
two (2) consecutive days off.
Work days and days off for full-time employees who work non-
standard work weeks shall be scheduled according to current practice or
so that each employee shall have at least two (2) days off in any nine (9)
day period. In addition, the Employer agrees to schedule each full-time
employee with at least seventeen (17) weekends off per year in the
Department of Mental Health and Addiction Services, the Department of
Developmental Disabilities and Department of Veterans Services. The
parties may mutually agree to other scheduling arrangements than those
specified in this Section.
The week shall commence with the shift that includes 12:01 a.m.
Sunday of each calendar week and end at the start of the shift that
includes 12:00 midnight the following Saturday.
The Employer and the Union may discuss alternate work schedule
arrangements as reflected in Section 13.13.
Part-time employees shall be surveyed to determine the number of
hours they would like to work. The Employer shall attempt to schedule
each part-time employee for his/her preferred number of hours in
seniority order. Part-time employees shall receive posted schedules
showing the days and number of hours they shall work.
13.02 - Work Schedules
It is understood that the Employer reserves the right to limit the
number of persons to be scheduled off work at any one time, including
persons on leave (excluding disability leave).
For purposes of this Agreement, “work schedules” are defined as an
employee’s assigned work shift (i.e., hours of the day) and days of the
week and work area. Work areas, for the Departments of Mental Health
and Addiction Services, Developmental Disabilities, Youth Services and
Department of Veterans Services are governed by the August 31, 1987
Memorandum of Understanding between the Employer and the Union as
set forth in Appendix N. Pick-A-Post Agreements shall remain in effect
for the duration of this Agreement, unless otherwise mutually agreed
and/or as modified in the Agency Specific Agreements. It is agreed that
work area schedules established under Pick-A-Post Agreements do not
preclude the incidental, short-term assignment of an employee out of the
work area to meet unforeseen circumstances, provided such assignments
are not inconsistent with the provisions of Section 13.05.
Work schedules for employees who work in five (5) day operations
need not be posted. However, where the work hours of such employees
are determined by schedules established by parties other than the
Employer, the Employer shall notify employees of any changes in their
work hours as soon as it is aware of such.
Work schedules for employees who work in seven (7) day
31
operations shall be posted at least fourteen (14) calendar days in advance
of the effective date. The work schedule shall be for a period of at least
twenty-eight (28) days and shall not be changed without a fourteen (14)
day notice, except in accordance with reassignment as provided for in
Section 13.05.
The parties recognize that there are certain jobs which require
nonstandard work schedules. Such work schedules shall be for
operational needs. The Employer shall notify the Union prior to the
creation of any new nonstandard work schedules. The Union may request
a meeting with the Employer to discuss the impact of such schedules.
Non-standard work schedule assignments shall not be arbitrary or
capricious.
13.03 - Meal Periods
Employees (including but not limited to Correction Officers,
Juvenile Correctional Officers, and MCE Investigators and Load Limit
Inspectors in the Department of Public Safety) who currently work eight
(8) hours straight without a meal period shall continue to do so except as
otherwise mutually agreed. Unless mutually agreed otherwise, no other
employee shall be required to take less than thirty (30) minutes or more
than one (1) hour for a meal period. The Employer will usually schedule
meal periods near the midpoint of a shift.
Employees shall not normally be required to work during their meal
period. Those employees who by the nature of their work are required by
their supervisor to remain in a duty status during their meal period may,
with the approval of their supervisor, either shorten their workday by the
length of the meal period or else have their meal period counted as time
worked and be paid at the appropriate straight time or overtime rate,
whichever is applicable. A supervisor will honor an employee’s choice
where reasonably possible.
13.04 - Rest Periods
Those Agencies that presently have rest periods shall maintain the
current practices in effect as of the effective date of this Agreement.
13.05 - Reassignments Within Institutions
A. Temporary reassignments, within institutions, may be required:
1. To meet abnormal work-loads;
2. In the temporary absence of an employee where delay of the
performance of duties would be unreasonable;
3. Pending recruitment.
Temporary reassignments under this Section shall not
normally exceed thirty (30) work days but under no
circumstances exceed ninety (90) work days where it is in the
best interest of the youth, client, resident, patient or inmate
population not withstanding provisions of Section 24.06 or
32
pending recruitment (unless mutually agreed to by the Union
and the Agency). Reassignment shall be on a seniority basis
within the work area within the classification needed to provide
the temporary coverage. Should more than one employee desire
the available temporary reassignment, such reassignment shall
be awarded on the basis of seniority, with the most senior
employee being given first choice. Should no employee desire
the reassignment, the least senior employee shall be reassigned
first.
B. An emergency reassignment may be required. An emergency is
defined as an infrequent, unexpected, rare occurrence; not an
everyday event. In no event shall an emergency reassignment of any
employee exceed eight (8) work days. Emergency reassignments
shall be on a seniority basis within the classification needed within
the work area most able to provide the emergency coverage. Should
no employee desire the reassignment, the least senior qualified
employee shall be reassigned first.
C. If a specific certificate, license, training and/or immunization is
required for the reassignment, the Employer shall canvass those
employees within the classification who meet these criteria in the
order specified above.
D. When the Employer has advance knowledge of planned absences
that will result in the reassignment of employees, then it will notify
the affected employees of the reassignment as soon as possible.
E. The creation of additional float or relief positions is an appropriate
topic for Labor/Management Committee meetings.
13.06 - Report-In Locations
All employees covered under the terms of this Agreement shall be
at their report-in locations ready to commence work at their starting time.
For all employees, extenuating and mitigating circumstances
surrounding tardiness shall be taken into consideration by the Employer
in dispensing discipline.
Employees who must report to work at some site other than their
normal report-in location, which is farther from home than their normal
report-in location, shall have any additional travel time counted as hours
worked. Employees who work from their homes, shall have their homes
as a report-in location. For all other employees, the report-in location
shall be the facility to which they are assigned.
13.07 - Overtime
The Employer has the right to determine overtime opportunities as
needed. Employees shall be canvassed according to Agency policy. If no
policy exists then, employees shall be canvassed quarterly as to whether
they would like to be offered overtime opportunities. Employees who
33
wish to be called back for overtime outside of their regular hours shall
have a telephone and shall provide their phone number to their
supervisor.
Insofar as practicable, overtime shall be equitably distributed on a
rotating basis by seniority among those who normally perform the work.
The parties shall negotiate specific arrangements for implementation of
these overtime provisions at the local or Agency level within ninety (90)
days of the effective date of this Agreement. Such arrangements shall
include parameters regarding the distribution of mandatory overtime.
Absent mutual agreement to the contrary, overtime rosters will be purged
at least every twelve (12) months. Such arrangements shall recognize
that in the event the Employer has determined the need for overtime, and
if a sufficient number of employees is not secured through the above
provisions, the Employer shall have the right to require employee(s) who
normally perform(s) the work and who are listed on the seniority roster
to perform said overtime. Such mandatory overtime shall be rotated
among those employees who are listed on the seniority roster and such
process shall supersede more restrictive agency specific provisions. In
the event enough employees are not available, the Employer may require
the least senior employee(s) available to work the overtime. Good faith
attempts will be made to avoid the mandation of the same individual(s)
consecutively. Assignment of mandated overtime hours is an appropriate
topic for each Agency’s Health and Safety Committee. The overtime
policy shall not apply to overtime work which is specific to a particular
employee’s claim load or specialized work assignment or when the
incumbent is required to finish a work assignment.
The Agency agrees to post and maintain overtime rosters which
shall be provided to the steward, within a reasonable time, if so
requested. The rosters shall be updated every pay period in which any
affected employee earned overtime.
Employees who accept overtime following their regular shift shall
be granted a ten (10) minute rest period between the shift and the
overtime or as soon as operationally possible. In addition, the Employer
will make every reasonable effort to furnish a meal to those employees
who work four (4) or more hours of mandatory or emergency overtime
and cannot be released from their jobs to obtain a meal.
An employee who is offered but refuses an overtime assignment
shall be credited on the roster with the amount of overtime refused. An
employee who agrees to work overtime and then fails to report for said
overtime shall be credited with double the amount of overtime accepted
unless extenuating circumstances arose which prevented him/her from
reporting. In such cases, the employee will be credited as if he/she had
refused the overtime. An employee who is transferred or promoted to an
34
area with a different overtime roster shall be credited with his/her
aggregate overtime hours.
Except as otherwise established by the Employer an employee’s
posted regular schedule shall not be established in such a manner to
require the Employer to pay overtime. An employee’s posted regular
schedule shall not be changed solely to avoid the payment of overtime
within a single work week or pay period.
Emergency Overtime
In the event of an emergency as defined in Section 13.15
notwithstanding the terms of this Article, the Agency Head or designee
may assign someone to temporarily meet the emergency requirements,
regardless of the overtime distribution.
13.08 - Call-Back Pay
Employees who are called to report to work and do report outside
their regularly scheduled shift will be paid a minimum of four (4) hours
at the employees’ total rate of pay or actual hours worked (i.e., if actual
hours worked exceeds 2.67 hours) at the overtime rate, whichever is
greater providing such time does not abut the employee’s regular shift.
Call-back pay at straight time is excluded from the overtime calculation.
Work which is to be performed at the employee’s residence shall not be
subject to call-back pay, but shall be paid at the applicable regular or
overtime rate for the time worked.
An employee called back to take care of an emergency shall not be
required to work for the entire four (4) hour period by being assigned
non-emergency work.
13.09 - Report Pay
Employees who report to work as scheduled and are then informed
that they are not needed will receive their full day’s pay at regular rate.
Employees who are called at home by the Employer and told not to report
to their regularly scheduled work day shall receive their full day’s pay at
regular rate.
13.10 - Payment for Overtime
All employees, except those whose job duties require him or her to
maintain a license to practice law, shall be compensated for overtime
work as follows:
1. Hours in an active pay status more than forty (40) hours in any
calendar week shall be compensated at the rate of one and one-half
(1 1/2) times the employee’s total rate of pay for each hour of such
time over forty (40) hours;
2. For purposes of this Article, active pay status is defined as the
conditions under which an employee is eligible to receive pay and
includes, but is not limited to, vacation leave, and personal leave.
Sick leave and any leave used in lieu of sick leave shall not be
35
considered as active pay status for purposes of this Article.
Compensatory Time
The employee may elect to accrue compensatory time off in lieu of
cash overtime payment for hours in an active pay status more than forty
(40) hours worked in any calendar week. Compensatory time off will be
earned on a time and one-half (1 1/2) basis. The maximum accrual of
compensatory time shall be two hundred forty (240) hours. When the
maximum hours of compensatory time accrual is attained, payment for
overtime work shall be made. Compensatory time must be used within
three hundred sixty-five (365) calendar days from when it was earned.
Compensatory time not used within three hundred sixty-five (365) days
shall be paid to the employee in the pay period immediately following
the pay period which contained the three hundred sixty-fifth (365
th
) day
at the employee’s current regular rate of pay. Any employee who has
accrued compensatory time off and requests use of this compensatory
time shall be permitted to use such time off within a reasonable period
after making the request or, if such use is denied, the compensatory time
requested shall be paid to the employee at his/her option to a maximum
of eighty (80) hours in any pay period. Compensatory time is not
available for use until it appears on the employee’s earnings statement
and on the date the funds are made available.
Upon termination of employment, an employee shall be paid for
unused compensatory time at a rate which is the higher of:
1. The final regular rate received by the employee; or
2. The average regular rate received by the employee during the last
three (3) years of employment.
13.11 - Wash-Up Time
Employees whose jobs require it will be permitted a reasonable paid
wash-up period before the end of the shift. The Labor/Management
Committees may recommend to the Agency those positions which
qualify for wash-up time.
13.12 - Stand-By Pay
An employee is entitled to stand-by pay if he/she is required by the
Agency in writing to be on stand-by, that is, to be available for possible
call to work. If it is not practical to notify an employee in writing
regarding stand-by status, the Employer may utilize oral or telephone
means. Stand-by status may be canceled by telephone, providing written
notice of such cancellation is provided to the employee within forty-eight
(48) hours. An employee entitled to stand-by pay shall receive twenty-
five percent (25%) of his/her base rate of pay for each hour he/she is in
stand-by status. Stand-by time will be excluded from overtime
calculation. Stand-by status shall be distinguished from call-back status
by the following: 1) Direct notice of the requirement, as in the preceding;
36
2) Employee’s off-duty activities are specifically restricted by the
Employer; 3) Employee is given a specific period of time during which
he/she must respond to any summons from the Employer with the
consequence of discipline for failure to respond/report. Once summoned
to report, stand-by pay will continue until the employee reports and
actual work is performed, at which time the pay provisions of the call-
back section (Section 13.08) will apply and stand-by pay will cease. An
employee required to carry a pager while on-call is not in stand-by status
unless specifically notified that he/she is to be on stand-by status.
13.13 - Flextime/Four Day Work Week
Where practical and feasible, hours and schedules for bargaining
unit employees may include:
1. Variable starting and ending times;
2. Compressed work week, such as four (4) ten (10) hour days;
3. Other flexible hour concepts;
4. Schedule adjustments for pre-scheduled medical appointments shall
be made only by mutual agreement. It is understood that the
Employer’s refusal is not grievable;
5. The trading of shifts for pre-scheduled medical appointments shall
be by mutual agreement. The refusal of the Employer is not
grievable.
13.14 - Shift Rotation, Swing Shifts and Split Shifts
There shall be no rotating shifts in Rehabilitation and Correction. In
other Agencies with rotating shifts, the Agency Labor/Management
Committee shall review the practice and recommend change if desired
and operationally feasible.
Where swing shifts currently exist and are necessary to provide
coverage for an employee’s day off in continuous operations, they shall
continue.
There shall be no split shifts for full-time employees.
13.15 - Emergency Leave
A. Weather Emergency
Employees directed not to work (e.g. directed not to report to work
or sent home from work and not directed to telework) due to a weather
emergency as declared by the Director of the Department of Public
Safety, shall be granted leave with pay at regular rate for their scheduled
work hours during the duration of the weather emergency. The Director
of the Department of Public Safety is the Governor’s designee to declare
a weather emergency which affects the obligation of State employees to
travel to and from work. Employees required to work at the location of
the declared emergency (when others are not required to work) during
such weather emergency shall receive their total rate of pay for hours
worked during the weather emergency. In addition, employees who are
37
required to work at the location of the declared emergency (when others
are not required to work) during a weather emergency declared under
this Section shall receive a stipend of eight dollars ($8.00) per hour
worked. Employees (essential or non-essential) who are teleworking,
directed to telework, or directed to work at an alternative work location
shall not be entitled to payment under this Section.
An emergency shall be considered to exist when declared by the
Director of the Department of Public Safety, for the county, area or
facility where an employee lives or works.
For the purpose of this Section, an emergency shall not be
considered to be an occurrence which is normal or reasonably
foreseeable to the place of employment and/or position description of the
employee.
Each year, by the first day of October, all Agencies must create and
maintain a list of essential employees. Essential employees are those
employees whose presence at the work site is critical to maintaining
operations during any weather emergency. Essential employees
normally consist of a skeletal crew of employees necessary to maintain
essential office functions, such as those State employees who are
essential to maintaining security, health and safety, and critical office
operations.
Employees who are designated as essential employees shall be
advised of the designation and provided appropriate documentation.
Essential employees shall be advised that they should expect to work
during weather emergencies unless otherwise advised. However, they
are not guaranteed work. Nothing in this Section prevents an appointing
authority from using his or her discretion in directing essential
employees not to work or sending them home (on leave or to telework)
once a weather emergency has been declared. Employees who are non-
essential may also be required to work during a declared weather
emergency. During the year, extreme weather conditions may exist and
roadway emergencies may be declared by local sheriffs in certain
counties, yet no formal weather emergency is declared by the Director
of the Department of Public Safety and State public offices remain open.
Should this situation occur, Agency Directors and department heads are
encouraged to exercise their judgment and discretion to permit non-
essential employees to use any accrued vacation, personal or
compensatory leave, if such employees choose not to come to work due
to extenuating circumstances caused by extreme weather conditions.
Non-essential employees with no or inadequate accrued leave may be
granted leave without pay. Nothing in this Section prevents an
appointing authority from using his/her discretion to temporarily
reassign non-essential employees to indoor job duties, consistent with
38
their job classification, or to an alternative location so that such
employees are not performing unnecessary road or travel-related duties
during days or shifts of especially inclement weather.
B. Other Than Weather Emergency
Employees not designated essential may be required to work during
an emergency. When an emergency, other than weather emergency, is
declared by the Director of the Department of Public Safety and leave is
granted for employees not required to work during the declared
emergency, such declarations may be for circumstances where the health
or safety of an employee or of any person or property entrusted to the
employee’s care could be adversely affected. Payment for hours worked
for other than weather emergencies for employees required to work at
the location of the declared emergency (when others are not required to
work), shall be their total rate of pay, as well as an additional stipend of
eight dollars ($8.00) per hour worked. Employees (essential or non-
essential) who are teleworking, directed to telework, or directed to work
at an alternative work location shall not be entitled to payment under this
Section.
13.16 - Time Clocks
The Employer shall not add time clocks, unless the Union has been
served notice and the Agency has engaged in discussions with the Union.
During the term of this Agreement, upon request of either party, the
parties agree to establish a joint Labor/Management Committee for the
purpose of examining the impact of an automated State payroll system
upon this Agreement and developing recommendations for the
implementation of such a system.
ARTICLE 14 – RESERVED FOR FUTURE USE
ARTICLE 15 – EMPLOYMENT SECURITY
As a product of the joint efforts of the State and OCSEA, the
following advisory groups will operate to address matters of mutual
concern regarding employment security and/or assistance to dislocated
or disabled workers:
A. Joint Statewide Employment Security Committee
The Joint Statewide Employment Security Committee shall
continue to function as an oversight committee on the following
matters:
1. Exploring alternate employment opportunities within each
Agency for employees, from that Agency or other Agencies,
who are disabled as a result of performance of their duties.
The Joint State/OCSEA Committee on Employment
39
Security shall consist of not more than five (5) representatives
from the Union and not more than five (5) representatives from
the State. The committee will meet as needed and members will
be released with pay, to include travel time, from their regularly
scheduled work hours.
B. Dislocated Worker Programs
To the extent that funding through Rapid Response, or other
funding source, is sufficient to support such efforts Worker
Adjustment Committees and Regional Worker Adjustment
Committees shall continue.
1. Worker Adjustment Committees
In the event of an anticipated layoff at a workplace,
institution or single Agency where the number of employees
displaced will exceed fifty (50), the State and OCSEA will
jointly establish a Worker Adjustment Committee which will
operate consistent with any applicable federal laws. The
purpose of this committee will be to develop and implement
assistance programs for displaced State employees including,
but not limited to, career counseling, resume writing, job search
skills development and assistance, job retraining, planning and
preparation for employability, especially with other State
Agencies. The committees shall be composed of an equal
number of representatives from the Union and the Employer
and members will be released with pay, to include travel time,
from their regularly scheduled work hours.
2. Regional Worker Adjustment Committees
The six (6) Regional Worker Adjustment Committees
(RWAC) shall continue to function with the goal of assisting
those State employees who are displaced and are not covered
by a Worker Adjustment Committee as described above, (i.e.,
the number of employees to be displaced does not reach the
threshold of fifty (50) employees in a single Agency, work
place or institution). The purpose of these committees will be
to develop and implement assistance programs for displaced
State employees within the region, including but not limited to,
career counseling, resume writing, job search skills
development and assistance, job retraining, planning and
preparation for employability, especially with other State
Agencies. Each committee shall be made up of an equal number
of representatives from the Union and the Employer and
members will be released with pay, to include travel time, from
their regularly scheduled work hours.
40
C. Transitional Work Programs
Each Agency may elect to form a joint committee (or to utilize its
Health and Safety Committee) to explore alternative employment
opportunities within that Agency, or other Agencies, for employees who
are disabled. These committees shall have the authority to discuss only
those matters contained in this Article. These committees shall have no
authority to amend or negotiate any matter, but may make
recommendations regarding such matters. Each committee shall be made
up of an equal number of representatives from the Union and the
Employer and members will be released with pay, to include travel time,
from their regularly scheduled work hours.
ARTICLE 16 – SENIORITY
16.01 - Definitions
For purposes of this Agreement, the various forms of seniority shall
be defined as follows:
A. “State seniority” - the total OCSEA bargaining unit seniority credits
accrued since the employee’s last date of hire with the State, except
as modified by Section 16.02.
B. “Institutional seniority” - the total seniority credits accrued since the
employee’s last date of hire or transfer into the specific institution
where the employee is currently employed except that an employee
shall retain his/her current institutional seniority in cases where the
employee bumps, is displaced, or is placed into another institution
in accordance with Article 18 subsequent to July 1, 2015. If such an
employee later transfers in accordance with Article 17 within one
year of placement, and such transfer is to the geographic jurisdiction
of the employee’s prior institution, the employee shall retain his/her
current institutional seniority. Geographic jurisdiction for purposes
of this Section shall be both those jurisdictions set forth in Appendix
J and in OAC 123:1-41-13 (as determined by the county where the
employee’s former institution was located). In the Department of
Rehabilitation and Correction and the Department of Youth Services
transfer of institutional seniority credits into newly activated
institutions shall be as follows:
1. Bargaining unit employees who are transferred through the
thirtieth (30
th
) day after the first youth or inmate (other than
cadre) arrives shall carry with them their institution seniority
credits;
2. Bargaining unit employees who are transferred after the
thirtieth (30
th
) day from the time the first youth or inmate (other
than cadre) arrives shall not be permitted to transfer institution
41
seniority credits.
C. “Seniority credit” - the total number of pay periods during which an
employee held or had a right to return to a bargaining unit position,
including periods of absence resulting from suspension, leaves of
absence whether paid or unpaid, disability leave, leave for periods
of Workers’ Compensation (up to three (3) years), and layoff (for as
long as the employee remains on the recall list). Part-time
employees experiencing similar periods of absence shall be credited
with seniority at a rate determined by the average hours in active
pay status during their last six (6) full pay periods.
Except as provided under Section 16.02, continuous service
will be interrupted only by resignation, discharge for just cause,
disability separation, failure to return from a leave of absence or
failure to respond to a recall from layoff. An employee who resigns
to take a position with another State Agency, Board or Commission
in a higher, same, or lower pay range and is hired within sixty (60)
days has not experienced a break in seniority and service credits
during the sixty (60) days.
Each full-time employee shall be credited with one (1) seniority
credit for each pay period of continuous service. Part-time and
fixed-term seasonal employees will be credited with .0125 seniority
credit for each non-premium hour of compensation in each pay
period not to exceed one (1) seniority credit in a pay period. Service
credit shall be computed in years and days as is the past practice and
shall be credited for all periods for which “seniority credits” are
granted.
16.02 - Exceptions
A. Return from Disability Separation/Disability Retirement
An employee who makes application for reinstatement within
two (2) years from the date of disability separation or within the
statutorily allowed time from the date of disability retirement and is
properly reinstated shall receive seniority credits and service credits
for the period of disability separation or disability retirement.
B. Non-Bargaining Unit Service
Except for classifications subsequently accreted to a bargaining
unit covered by this Agreement, time spent in a non-unit position
subsequent to July 1, 1986, other than temporary working level
assignments and assignments to interim positions, by employees
who were not covered by this Agreement on January 1, 1992, shall
not be included in the determination of seniority credits but shall be
counted for service credits. For employees covered by the
Agreement on January 1, 1992, time spent in a non-unit position
subsequent to January 1, 1992 - other than classifications
42
subsequently accreted to a bargaining unit covered by this
Agreement, temporary working level assignments and assignments
to interim positions - shall not be included in the determination of
seniority credits but shall be counted for service credits.
C. Initial Probationary Period
An employee in an initial probationary period shall have no
seniority until completion of his/her probationary period. Upon the
completion of said probation, the employee will acquire seniority
from his/her original date of hire. An employee who has a
continuous period of temporary, interim, intermittent or seasonal
employment prior to receiving permanent appointment shall acquire
seniority for such time only if that permanent appointment occurred
prior to July 1, 1989.
D. Contiguous Intermittent Period
An intermittent employee’s seniority is zero (0). If an
intermittent employee is hired into a permanent position in any State
Agency, Board, or Commission, the intermittent employee shall
receive seniority credits for time worked as an intermittent up to one
thousand (1,000) hours. However, no seniority credit will be given
for any period prior to June 18, 2009. An intermittent who takes a
position with any State Agency, Board or Commission subject to
this Agreement who is hired within sixty (60) days of the
termination of the intermittent status has not experienced a break in
seniority and service credits during the sixty (60) days.
16.03 - Ties
Ties in State seniority shall be broken in the descending numeric
order of the last four (4) digits of the employee’s social security number.
However, the posted seniority list will display the last four (4) digits of
State of Ohio User ID number. The highest number will be 9999 and the
lowest will be 0000. Any remaining ties will be broken by lot. Ties in
institutional seniority shall be broken in the order of State seniority.
Where the relative ranking of seniority has been previously
established and accepted by any means such relative ranking shall not be
changed. However, where additional ties are created by personnel
actions, e.g., transfers, bumpings, reassignments, recall, etc., the
employee list will be regenerated using the last four (4) digits of all tied
employees’ social security numbers. The additional employees will be
inserted into the list pursuant to their last four (4) digits of the social
security numbers in descending numeric order. The list will then be
maintained utilizing the State of Ohio User ID number.
16.04 - Seniority Rosters
Quarterly, the Employer shall prepare a roster of all bargaining unit
employees in an institution, geographic jurisdiction or Agency as
43
appropriate. The roster will list employees in descending order of State
seniority credits and will contain each employee’s name, State seniority
credits, and Institutional seniority credits if applicable. Seniority rosters
will be provided to the Chapter President or Assembly President and
posted in the work areas of affected employees. Where available, the
Employer may provide an electronic posting of the roster in lieu of a
paper roster. Each employee’s individual employee seniority credits will
be displayed on the employee’s earnings statement.
16.05 - Statewide Seniority Credit Tribunal
The Statewide Seniority Credit Tribunal (Tribunal) shall review
seniority credit totals which may have been affected by issues including,
but not limited to, transfers, promotions, demotions, prior service
conversions, etc. The Tribunal shall be composed of two (2) OCSEA
bargaining unit members, a representative from OCB and a
representative from OCSEA. Decisions of the Tribunal shall be final and
binding and shall be entered into OAKS.
The Tribunal shall meet on an “as needed” basis to address seniority
credit issues. Tribunal time shall be the same as time under Section 3.03.
The decisions of the Tribunal shall not be grievable. An appeal of a
Tribunal decision may be filed with the Tribunal along with additional
information. If any modification to the calculation is made, a new notice
of decision will be issued. Otherwise, no other action shall be taken. The
Tribunal shall review all documents received and obtain any additional
information, including EHOCs/PAs, necessary to make a decision. A
written decision shall be sent to the affected employee, the Union
representative and the appropriate Agency employee.
In the event that non-bargaining unit employees enter the bargaining
unit, the Union shall contact the Tribunal to review and verify those
employees’ seniority credits. This review is to be initiated within six (6)
pay periods of the pay period in which the Union is notified of the
personnel action.
In the event that an Agency has a large number of seniority credit
issues as the result of a reorganization, layoff, merger, etc., the Agency
may establish an Agency-wide tribunal which shall utilize the guidelines
and procedures contained in this collective bargaining agreement for
determining OCSEA seniority credits established by the Statewide
Tribunal. This process may also be utilized to remedy seniority issues
brought to light during vacation canvasses, and/or Pick-A-Post
Committees. Where the parties are unable to resolve the issue(s), the
issues shall be reduced to writing and forwarded to the Statewide
Tribunal for final determination.
Additionally, the Statewide Tribunal shall create a flow chart to
process issues related to processing the seniority credit accruals.
44
In the event a grievance involving seniority credits has been filed
under Article 25, the grievance shall be identified and forwarded to the
Statewide Tribunal for processing. Grievances shall be given priority in
processing by the Tribunal.
ARTICLE 17 – PROMOTIONS, TRANSFERS, DEMOTIONS
AND RELOCATIONS
17.01 - Policy
The Employer retains the right to determine which vacancies to fill
by either 1) permanent transfer pursuant to Section 17.07; or 2)
promotion, transfer or demotion. The determination of an excess is a
Management right per Article 5 and is non-grievable and shall not be
used to dispute the rationale for job abolishments and/or layoffs in
Article 18.
The Employer retains the right to move an employee within the same
facility and change the employee’s job duties provided that the job duties
fall within the employee’s current classification specification.
The Employer has the right to move employees and positions
through permanent relocations pursuant to Section 17.08.
17.02 - Definitions
A. “Permanent transfer” is the movement of an employee in the same
classification, to a posted vacancy within the same Agency from
either one county to another or from one institution to another.
B. “Promotion” is the movement of an employee to a posted vacancy
in a classification with a higher pay range within the same Agency.
A higher pay range is defined as a pay range in which the first step
or the last step has a higher pay rate than the first or last step of the
pay range to which the employee is currently assigned.
C. “Permanent relocation” is the movement of an employee and his/her
position to another location within the same headquarters county.
Relocations do not constitute the filling of a vacancy.
D. “Headquarters county” is the county in which the employee is
employed.
E. “Vacancy” is an opening in a permanent full-time or permanent part-
time position within a specified bargaining unit covered by this
Agreement which the Agency determines to fill and does not include
those positions identified through mutual agreement between the
Union and the Agency as being subject to reorganization, changes
in appointment category (type), or a movement that constitutes a
demotion.
Vacancies shall be filled by adhering to the following processes
in the order set forth:
45
1. Permanent transfer as set forth in Section 17.07;
2. Bumping or displacement as set forth in Article 18;
3. Recall as set forth in Article 18;
4. Reemployment as set forth in Section 18.13;
5. Cross geographical jurisdiction bidding as set forth in Section
18.12;
6. Promotion as set forth in Article 17;
7. Lateral transfer as set forth in Article 17 and;
8. Demotions as set forth in Article 17.
F. “Lateral transfer” is defined as an employee-requested movement to
a posted vacancy within the same Agency which is in the same pay
range as the classification the employee currently holds.
G. “Demotion” is defined as the movement of an employee to a position
in a classification with a lower pay range within the same Agency.
A lower pay range is defined as a pay range in which the first or last
step has a lower rate of pay than the first or last step of the pay range
to which the employee is currently assigned.
H. “Inter-Agency Transfer” is defined as an employee-requested
movement to a posted vacancy in a different Agency. Should the
employee be selected for an inter-Agency transfer to a position with
a higher pay range than that currently held by the employee, the
employee shall be placed in the step to guarantee an increase of
approximately four percent (4%). Should the employee be selected
for an inter-Agency transfer to a position in the same pay range
currently held by the employee, the employee shall be placed in the
same step of the pay range. Should the employee be selected for an
inter-Agency transfer to a position in a lower pay range than that
currently held by the employee, the employee shall be placed in the
step closest to but not to exceed the step currently held by the
employee. Nothing in this Section precludes the Employer from
utilizing an advance step placement at its discretion.
17.03 - Posting
All vacancies within the bargaining units that the Agency intends to
fill shall be posted on the Ohio Hiring Management System (OHMS or
careers.ohio.gov). In cases of vacancies that are to be filled by permanent
transfer(s), the posting shall list the areas of declared excess. The
Agencies shall declare on the vacancy posting its intent to fill by: 1)
permanent transfer or 2) by promotion, transfer or demotion. Further,
vacancy notices will list the deadline for application, pay range, class
title and shift where applicable, the knowledge, abilities, skills, and
duties as specified by the position description. If the Employer has
designated the position as Data Security Sensitive, the vacancy notice
will also list if the final applicant will be required to successfully
46
complete a background check. Vacancy notices shall be posted for at
least ten (10) days. Posted vacancies shall not be withdrawn to
circumvent the Agreement. Should the initial applicant fail to
successfully complete the probationary period, the Employer may,
within one hundred eighty (180) days of awarding the position, repost or
select from the remaining pool of applicants for the position from the
original posting.
The Employer will cooperate with the Union to make job vacancies
known beyond the required areas of posting. Application processes shall
not be changed without mutual agreement.
17.04 - Applications
Employees may file timely applications through the Ohio Hiring
Management System (OHMS or careers.ohio.gov) for permanent
transfers, promotions, lateral transfers or demotions. Applicants must
specify on the application how they possess the minimum qualifications
for the position. Paper applications shall only be accepted for vacancies
in the Department of Developmental Disabilities. Upon receipt of all
bids the Agency shall divide them as follows:
1. All employees in the office (or offices if there is more than one
office in the county), “institution” or county where the vacancy
is located, who possess and are proficient in the minimum
qualifications contained in the classification specification and
the position description.
2. All employees within the geographic district of the Agency (see
Appendix J) where the vacancy is located, who presently hold
a position in the same, similar or related class series (see
Appendix I), and who possess and are proficient in the
minimum qualifications contained in the classification
specification and the position description.
3. All other employees within the geographic district of the
Agency (see Appendix J) where the vacancy is located, who
possess and are proficient in the minimum qualifications
contained in the classification specification and the position
description.
4. All other employees of the Agency, including intermittents.
5. All other employees of the State (Inter-Agency Transfer).
ODOT positions designated as district-wide positions shall be
reviewed pursuant to (2) and (3) above.
Employees serving either in an initial probationary period, trial
period or promotional probationary period, shall not be permitted to bid
on job vacancies.
An employee shall be permitted to bid on a job vacancy while
receiving Workers’ Compensation, OIL, Salary Continuation, or
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disability leave benefits, but shall not be eligible to fill the vacancy
unless the date for the employee’s return to duty is prior to or coincides
with the date the job is to be filled.
An employee who fails to complete the probationary period for a
position shall be restricted from bidding on the same classification for
six (6) months from the date the employee was probationarily demoted.
In the Environmental Protection Agency (EPA) and Public Utilities
Commission of Ohio (PUCO), the bidding restriction for failure to
complete a probationary period shall only apply to the same
classification within the same division.
17.05 - Selection
If the vacancy is a Data Security Sensitive position that requires the
passing of a background check, the Employer may deny the final
applicant the position based on the results of the background check.
If the position is in a classification which is assigned to pay ranges
one (1) through seven (7) and pay ranges twenty-three (23) through
twenty-seven (27), the job shall be awarded to the qualified employee
with the most State seniority unless the Agency can show that a junior
employee is demonstrably superior to the senior employee. As permitted
by law, affirmative action shall be a valid criterion for determining
demonstrably superior.
If the position is in a classification which is assigned to pay ranges
eight (8) through twelve (12) or twenty-eight (28) or higher, the job shall
be awarded to an eligible bargaining unit employee on the basis of
qualifications, experience, education and active disciplinary record. For
purposes of this Article, disciplinary record shall not include oral or
written reprimands. When these factors are substantially equal State
seniority shall be the determining factor.
Any employee with an active suspension issued on or after July 1,
2015, shall have no rights to grieve non-selection.
Selection devices (e.g. structured interview, written test, physical
ability, etc.) may be used at the discretion of the Agency.
A. 1. The Agency shall first review the bids of the applicants from
within the office, county or “institution,” except for positions,
other than Correction Officer and Correctional
Sergeant/Counselor, in classifications which are assigned to
pay ranges eight (8) through twelve (12) or twenty-eight (28) or
higher (see 17.05(A)(2) below).
2. If no selection is made in accordance with the above, then the
Agency will first consider those employees filing bids under
Sections 17.04 (2) and 17.04 (3); provided however, for a
position, other than Correction Officer and Correctional
Sergeant/Counselor, in a classification which is assigned to pay
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ranges eight (8) through twelve (12) or twenty-eight (28) or
higher, the Agency shall consider employees filing bids under
Sections 17.04 (1), (2), (3), and (4) as one selection pool.
Employees bidding under Sections 17.04 (4) shall have
grievance rights through Step Two to grieve non-selection.
Employees bidding under Sections 17.04 (5) shall have no
rights to grieve non-selection.
3. If a vacancy is not filled as a promotion pursuant to Sections
17.04 and 17.05, bids for a lateral transfer shall be considered.
Consideration of lateral transfers shall be pursuant to the criteria
set forth herein. The Agency shall consider requests for lateral
transfers before considering external applications. Employees
bidding under Section 17.04 (4) shall have grievance rights
through Step Two. Employees bidding under Section 17.04 (5)
shall have no rights to grieve non-selection. The successful
applicant shall possess and be proficient in the minimum
qualifications of the position description and the classification
specification. If there are multiple applicants, the selection will
be made from the most senior applicant who meets minimum
qualifications as stated above.
4. If a vacancy is not filled as a promotion pursuant to Sections
17.04 and 17.05 or by lateral transfer, bids for demotions shall
be considered. Employees bidding under Section 17.04 (4) shall
have grievance rights through Step Two. Employees bidding
under Section 17.04 (5) shall have no rights to grieve non-
selection.
B. In institutions lateral transfers shall be accomplished as follows:
1. No more than ten percent (10%) of the bargaining unit
employees in an institution, as determined by the Table of
Organization, may make lateral transfers out of that institution
in a calendar year.
2. The number of bargaining unit vacancies in an institution
during the previous calendar year shall be determined in the first
week of January of each year. Ten percent (10%) of that number
shall be determined by rounding up, and that number plus ten
percent (10%) of any new vacant positions added to the Table
of Organization, shall be used to determine the maximum
number of vacancies that the institution shall be required to
accept by lateral transfer during the ensuing year.
3. In the Department of Rehabilitation and Correction during the
first twelve (12) months of operation, each newly activated
institution will be required to fill the first thirty percent (30%)
of their posted vacancies through lateral transfers from other
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institutions. (Additional vacancies may be filled by lateral
transfers at Management’s discretion.) Thereafter, such
institution shall accept lateral transfers in the same manner as
all other institutions.
4. This Section shall not modify work areas or the application of
Pick-A-Post Agreements.
17.06 - Selection Devices/Proficiency Instruments/Assessments
The Employer may use selection devices, proficiency testing and/or
assessments to determine if an applicant meets minimum qualifications
and, if applicable, to rate applicants pursuant to Section 17.05. Selection
devices, proficiency tests or other assessments shall be released only to
the General Counsel of OCSEA or a specifically named designee
identified in writing to OCB, who is not an employee of the State of
Ohio, and who will use a review process that assures maintenance of
confidentiality, security, and integrity of the test. The General Counsel
of OCSEA or the specifically named designee shall sign the non-
disclosure/confidentiality agreement before receiving a copy of the
selection device, proficiency test, or other assessment. If any additional
parties, other than the General Counsel or designee, need to view or
receive a copy of the selection device, proficiency test, or assessment for
purposes of administering the grievance, the party(s) shall sign the non-
disclosure/confidentiality agreement(s) prior to access and a copy of the
signed non-disclosure/confidentiality agreement will be provided to
OCB upon signing. Under no circumstance, shall a copy be released to
an employee of the State of Ohio. Any signatory to the non-
disclosure/confidentiality agreement shall be responsible for the
confidentiality of the selection device, proficiency test, or assessment.
Any authorized physical copies must be returned to the Employer and
any electronic copies must be permanently deleted. If the selection
device, proficiency test or other assessment is used as evidence in a
mediation or an arbitration hearing, it will only be submitted to the
mediator or arbitrator in camera or under seal, provided the submission
shall not impair the union’s right to use evidence submitted in camera or
under seal in the grievance, mediation, and arbitration process.
17.07 - Permanent Transfers
A. When it is determined by the Employer that a vacancy exists in a
classification for which there are excessive employees located in an
institution or in counties other than the headquarters county of the
vacant position, then the permanent transfer vacancy posting
process may be utilized. In this case, only employees in the same
classification as the posted vacancy located in the declared areas of
excess shall be eligible to apply for the vacancy. Applications shall
be listed according to those in the same classification who possess
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and are proficient in the minimum qualifications of the classification
specification and position description of the posted position in
descending order of the most senior to the least senior. The applicant
who possesses and is proficient in the minimum qualifications of the
classification specification and position description and has the most
seniority shall be selected.
B. The successful applicant(s) for all permanent transfers shall serve a
trial period equivalent to one-half (1/2) the probationary period that
corresponds to the classification of the vacancy as listed in Section
6.01. During this trial period, the Employer maintains the right to
place the employee back in the previous site prior to the transfer if
the employee fails to perform the job requirement of the new
position to the Employer’s satisfaction.
C. Each Agency will identify the areas deemed to be in excess and will
notify the Union of excesses as soon as practicable. Notices to the
Union of a layoff or job abolishment shall be considered adequate
notice of an excess.
Each Agency, with the Office of Collective Bargaining’s approval,
may negotiate with the Union to establish a procedure for the permanent
transfer of positions and personnel.
17.08 - Permanent Relocation
Permanent relocations do not apply where there are Pick-A-Post
and/or Work Area Agreements.
Due to shifts and changes in operational need, scope, and/or mission
of an Agency, the Employer maintains the right to permanently relocate
an employee and his/her position to another location within the same
headquarters county.
Permanent relocations shall function as follows:
A. The Agency shall canvass the areas of excess for volunteers to move
to the area of need. This canvass shall be accomplished by a posting
of the relocation opportunity for three (3) workdays.
B. The Agency shall relocate the volunteer that possesses and is
proficient in the minimum qualifications and has the most seniority.
C. If there are no volunteers in the area(s), the Agency may relocate the
employee with the least seniority who possesses and is proficient in
the minimum qualifications of the classification specification in the
position description, to the area of need.
D. In cases of involuntary relocation, the employee has a preferential
right to return to the previous job site from which he/she was
relocated for up to one (1) year, provided that there is a need or a
posted vacancy in the same classification as the relocated employee.
E. The permanently relocated employee shall only be relocated to
perform duties appropriate to the same classification which he/she
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holds. Such relocation(s) do not constitute the creation or filling of
a vacancy pursuant to Section 17.02.
Each Agency, with the Office of Collective Bargaining’s approval,
may negotiate with the Union to establish a procedure for the relocation
of positions and personnel.
17.09 - Nepotism
No employee shall be directly supervised by a member of his/her
immediate family. “Immediate family” is defined for the purposes of this
Section to include: spouse or significant other (“significant other” as
used in this Agreement is defined to mean one who stands in place of a
spouse and who resides with the employee), child, step-child, grandchild,
parent, stepparent, grandparent, great-grandparent, brother, sister, step-
sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, or legal guardian or other person who
stands in the place of a parent.
17.10 - ODOT Temporary Work Assignment
Nothing herein will circumvent provisions of the 1,250 hour
temporary work assignment referenced in Paragraph D of the ODOT
Agency Specific Agreement.
ARTICLE 18 – LAYOFFS
18.01 - Layoffs
Layoffs of employees covered by this Agreement shall be made
pursuant to ORC 124.321 through 124.327 and OAC 123:1-41-01
through 123:1-41-22, except for the modifications enumerated in this
Article.
18.02 - Guidelines
Retention points shall not be considered or utilized in layoffs.
Performance evaluations shall not be a factor in layoffs. Layoffs shall be
on the basis of inverse order of State seniority. After the formal notice of
layoff has been issued, an employee may volunteer to accept a layoff up
until two weeks prior to the effective date of the layoff or the date of the
paper layoff. If employees volunteer to accept a layoff after the date of
the paper layoff, the results of the paper layoff will be implemented.
If the affected employee is not qualified to perform the duties of the
least senior person, the employee will be able to displace the next least
senior person to a position he/she is qualified to perform.
An employee shall not be required to accept a position with a lesser
appointment type until the employee has had the opportunity to exercise
displacement rights pursuant to Section 18.04. This does not prevent an
employee in a part-time appointment category from bumping an
employee in a full-time category.
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For purposes of this Article “classification series” is defined as those
classifications with the same first four digits of the classification series
number.
At any time, an employee can choose to accept a vacancy in lieu of
bumping. Employees must exhaust all available bump options in their
appointment type including vacancies before they are eligible to displace
in the Agency geographic jurisdiction.
18.03 - Implementation of Layoff Procedure
The Employer shall conduct a “paper layoff” except where Agencies
are funded by multiple funding sources where a reduction in a funding
source requires the Agency to reduce positions immediately. In such
situations, the Employer may implement the first round of reductions
without conducting a “paper layoff.” In this instance, where the resulting
bumping requires a second round of layoffs, the Employer will then
conduct a “paper layoff.”
The Agency shall submit notice of a layoff to the Union no later than
the time at which the Agency submits its rationale to DAS/Human
Resources Division. The Union shall be provided an opportunity to
discuss the layoff with the Employer prior to the date of the “paper
layoff.”
Paper Layoff
The Employer shall execute a layoff by identifying a time period
when all potentially affected employees can exercise their order of
displacement before implementation of the “paper layoff.” All affected
employees shall exercise their order of displacement in writing so that
once the “paper layoff” is implemented, employees shall assume their
new positions or be placed on the recall list.
The parties agree to establish an operations area that can be used to
coordinate the layoff and related personnel transactions during the time
period when employee assignments will be confirmed. This operations
area will include necessary Management and the Union representatives.
OCSEA staff representatives may also be in attendance.
This procedure shall provide for the following:
A. The Employer and the Union will share all information about
the order of displacement and will make all reasonable efforts
to assure that each employee receives this notice and returns the
order of displacement form.
B. All potentially affected employees will be given and will
complete an Order of Displacement Form that identifies
potential options including the appointment type. Employees
will be given five (5) working days to return the form. Copies
of the form will be sent by the Employer to the Union.
C. All operations areas will have a specific schedule that will be
53
made known to all representatives and employees.
D. All employees will be advised that they will receive written
notice of their final status when the displacement process is
completed.
E. If an employee has not completed the Order of Displacement
Form and cannot be reached within fifteen (15) minutes, a
Union designee will make a selection on the employee’s behalf.
The selection shall be based on the criterion set forth in this
Article. This choice will be final.
F. At the time the Order of Displacement Form is given to affected
employees, the appropriate seniority list in regards to Appendix
J shall be made available to the employees for review when
completing the Order of Displacement Form.
18.04 - Bumping in the Same Office, Institution or County
The affected employee may bump the least senior employee in an
equal or lower position in the same, similar or related class series within
the same office, institution or county (see Appendix I). Displacement
shall occur in the following manner:
A. Bump the person with the least State seniority in the same
classification title.
B. Bump the person with the least State seniority in a classification in
the same or equal pay range.
C. Bump the person with the least State seniority in the next lower
classification title in the classification series from which they were
displaced.
D. Bump the person with the least State seniority in a classification in
the same or equal pay range of the classification title used in Section
18.04 (C), in descending order.
If there are no Agency specific or local agreements to the contrary,
employees covered by Work Area Agreements will be recanvassed.
18.05 - Bumping in the Agency Geographic Jurisdiction
If the affected employee is unable to bump within the office,
institution or county, then the affected employee may bump the least
senior employee in an equal or lower position in the same, similar or
related classification series (see Appendix I) and within the appropriate
geographic jurisdiction of their Agency (see Appendix J) in accordance
with Section 18.04, except that the manner of bumping is modified as
follows:
A. Affected employees will be asked to prioritize the location(s)
pursuant to Appendix J where bumping options may be available.
B. Once the affected employee has identified priorities per Appendix
J, the employee shall bump into a vacancy in the same classification
and appointment type. If no vacancy is available in the same
54
classification and appointment type in prioritized location(s), then
the order of bumping identified in Section 18.04 shall be followed.
C. Once prioritized locations are identified, employees will be first
offered displacement opportunities in accordance with Section
18.04 in descending order in their first two (2) prioritized
location(s). Displacement into the first two (2) prioritized
location(s) shall be organized by appointment type and in
accordance with Section 18.04:
1) Full-time employees shall have the option to displace lesser
appointment categories in descending order only if no full-time
options are available.
2) Employees who cannot displace in their current appointment
category can displace a least senior employee starting with full-
time and then other appointment types in descending order
except as modified by Agency Specific Agreements.
D. Once the affected employee has identified priorities for Appendix J
and has exhausted options in paragraph C above, the employee shall
bump into a vacancy in the same classification and appointment
category in the remaining selected locations. If no vacancy is
available, then the order of bumping identified in Section 18.04 shall
be followed.
18.06 - Previously Held Classifications
If the affected employee has exhausted all of his/her bumping rights
as set forth in Sections 18.04 and 18.05, then the affected employee shall
have the option to bump the least senior employee in the classification,
within the geographic jurisdiction as defined by Appendix J, which the
affected employee had most recently held within the five (5) year period
in the chronological order that other classifications were previously held.
18.07 - Bumping Outside the Unit
A. Bargaining unit employees shall first exhaust all bumping rights
under Sections 18.04, 18.05 and 18.06. If no bumps are available,
they may bump outside the bargaining unit into exempt
classifications with lesser appointment category (type) according to
the order of layoff provisions found in the Revised Code and
Administrative Code and incorporated by reference into this Article.
Bargaining Unit employees who bump exempt positions shall
be awarded retention points according to the Code provisions. (See
OAC 123:1-41-09)
B. Once bargaining unit employees bump an exempt position outside
the bargaining unit, subsequent displacements shall occur according
to the appropriate provisions of the Revised Code and the
Administrative Code, and the bargaining unit employees shall have
no further rights except those rights set forth in Sections 18.11,
55
18.12 and 18.13.
18.08 - Limits
There shall be no inter-Agency bumping. There shall be no inter-
unit bumping except in those cases allowed by current administrative
rule or where a class series overlaps more than one (1) unit.
18.09 - Geographic Divisions
The jurisdictional layoff areas shall not be utilized. Instead, the
geographic divisions of each Agency shall be used (see Appendix J).
18.10 - Classification Groupings
For the purposes of this Article, Appendix I shall be changed as
follows: In Unit 4 groupings 3 and 4 shall be combined.
18.11 - Recall
When it is determined by the Agency to fill a vacancy or to recall
employees in a classification where the layoff occurred, the following
procedure shall be adhered to:
The laid off employee with the most State seniority from the same,
similar or related classification series for whom the position does not
constitute a promotion as defined in Article 17, and who prior to his/her
layoff, held a classification which carried with it the same or higher pay
range as the vacancy, shall be recalled first (see Appendix I). All
employees who are laid off or displaced out of their classification shall
be placed on the recall list by the effective date of their layoff. An
employee shall be recalled to a position provided the affected employee
is qualified to perform the duties. Any employee recalled under this
Article shall not serve a new probationary period, except for any
employee laid off who was serving an original or promotional
probationary period which shall be completed. Employees shall have
recall rights for a period of twenty-four (24) months.
Notification of recall shall be by certified mail to the employee’s last
known address or hand delivered to the employee with proof of receipt.
Employees shall maintain a current address on file with the Agency.
Recall rights shall be within the Agency and within recall jurisdictions
as outlined in Appendix J. If the employee fails to notify the Agency of
his/her intent to report to work within seven (7) days of receipt of the
notice of recall, he/she shall forfeit recall rights. Likewise, if the recalled
employee does not actually return to work within thirty (30) days, recall
rights shall be forfeited.
Any employee accepting or declining recall to the same, similar or
related classification series and the same appointment category (type)
from which the employee was laid off or displaced shall be removed
from the recall and reemployment list if recalled to his/her original
classification and appointment category (type). Except that any
employee declining recall to a different appointment category (type) than
56
that from which he/she was laid off or displaced shall be removed from
the recall list for that appointment category (type).
18.12 - Bidding Rights for Employees on Layoff
Notwithstanding the provisions of Article 17 and the other
provisions of this Article a laid off employee may submit an application
for any posted vacancy outside of his/her geographic area or for any
posted vacancy in the same office, institution or county from which the
employee was bumped, in the same, similar or related classification
series from which he/she was laid off or displaced. However, this
opportunity is limited to lateral transfer and demotion. This opportunity
shall be offered only in the Agency from which the employee was laid
off. Applications from such laid off employees shall be sorted and
considered before any other applications pursuant to the provisions of
Article 17. Among such employees submitting applications who meet
the minimum qualifications as stated in the Position Description and
Classification Specification the most senior applicant shall be awarded
the vacancy. A laid off employee who is offered a position and declines
shall not be automatically awarded other positions for which he/she
applies in the classification from which he/she was laid off.
18.13 - Reemployment
If the vacancy is not filled pursuant to Section 18.14, then the
Employer must offer reemployment rights to the classification from
which an employee was laid off or displaced provided the employee is
qualified to perform the duties. Such rights shall be for twenty-four (24)
months.
Any employee accepting or declining reemployment to the same
classification and same appointment category (type) from which the
employee was laid off or displaced shall be removed from the recall and
reemployment list if reemployed to his/her original classification and
appointment category (type). Except that any employee declining
reemployment to a different appointment category (type) than that from
which he/she was laid off or displaced shall be removed from the recall
list for that appointment category (type).
Reemployment rights shall not exist for employees assigned to
holding classifications as a result of the deletion of a classification from
the classification plan.
Employees who were assigned to a holding classification because
they were not performing duties consistent with their classification at the
time of the Classification Modernization Study and whose classification
held prior to the Classification Modernization Study still exists, will have
reemployment rights to the last classification held prior to assignment to
the holding classification.
Employees whose classification prior to the Classification
57
Modernization Study was retitled or allocated to a new classification will
also have reemployment rights to the retitled classification or to the
classification to which their former classification was allocated.
18.14 - Placement
Notwithstanding any other provisions of Article 17, the Union and
the Agency or Agencies may agree, in writing, to place an employee to
be laid off in an existing vacancy which may not be otherwise available.
Such agreement shall take precedence over any other Section/Article of
this Agreement. However, such placement shall not result in the
promotion of the affected employee. All employees placed into existing
vacancies under this Section shall retain recall and reemployment rights
pursuant to the provisions of this Article.
18.15 - Service Credits
An employee who is laid off and reemployed, i.e., not recalled by
any State Agency but is hired by any State Agency within twenty-four
(24) months, shall continue to earn service credits while on layoff.
18.16 - Inter-Agency Merger
The State agrees that the Union shall be included in discussions of
inter-Agency mergers. The Union will have a role in discussing
bargaining unit members’ continued employment and other affects on
their membership. This paragraph shall not constitute a waiver of any
rights.
18.17 - Alternate Procedures
Each Agency, with the Office of Collective Bargaining’s approval,
may negotiate with the Union to establish procedures for moving
positions and personnel in lieu of the procedures in the Article. Where
the parties mutually agree upon alternate procedures under this Section,
it is neither a prerequisite nor a requirement that ORC 124.321 through
124.327 or OAC 123:1-41-01 through 123:1-41-22 be followed,
including the creation or submission of a rationale.
18.18 - Layoff Committee
The parties shall each appoint four (4) members to a committee to
review, discuss, and examine the layoff process and offer solutions to
unforeseen problems that might arise from the application of this Article.
The committee shall meet as often as mutually determined that there is a
need.
18.19 - Notice to Other Agencies
The State and the Union have a joint interest in providing job
security, where possible, to State of Ohio employees. To that end, the
Agencies will provide information regarding their current vacancies to
the Department of Administrative Services (DAS). This information may
be provided on an on-going basis through access to a website listing or
by other electronic or written means.
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At the time an Agency submits a rationale to implement a layoff,
abolishment or closing, a list of affected employees and their
classification and headquarters county will be made available to DAS.
This list will be provided to all Agencies that utilize the affected
classifications. DAS will also provide to the Union, the affected
Agencies, and the Statewide Employment Security Committee (Article
15) access to the vacancies identified by the Departments prior to the
effective date of the layoff.
Agencies and institutions receiving notice of available job vacancies
shall make the information regarding the vacancies available to the
employees being laid off.
Any mistakes or omissions regarding this notice provision contained
in Section 18.19 are not grievable.
ARTICLE 19 – WORKING OUT OF CLASS
19.01 - Position Descriptions
New employees shall be provided a copy of their position
description. When position descriptions are changed, employees shall be
furnished a copy. Any employee may request a copy of his/her current
position description. Classification specifications are available on the
Department of Administrative Services’ website.
19.02 - Grievance Steps
Filing the Grievance with the Agency Director or Designee
If an employee or the Union believes that he/she has been assigned
duties not within his/her current classification, the employee or the
Union may file a grievance. The Agency Director or designee shall
investigate and issue a decision within fifty (50) calendar days. If the
parties mutually agree, a meeting to attempt to resolve the grievance may
be held at the grievant’s work site prior to the issuance of the decision of
the Director or designee. If the Director or designee determines that the
employee is performing duties which meet the classification concept and
which constitute a substantial portion of the duties (i.e., more than twenty
percent (20%) of the employee’s time if to a higher classification or
eighty percent (80%) of the employee’s time if to a lower classification)
specified in another classification specification, the Director shall order
the immediate discontinuance of the inappropriate duties being
performed by the employee, unless the parties agree to the
reclassification of the person and position pursuant to the provisions of
this Article. If the duties are determined to be those contained in a
classification with a lower pay range than the employee’s current
classification, no monetary award will be issued.
If the duties are determined to be those contained in a classification
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with a higher pay range than that of the employee’s current classification,
the Director or designee shall issue an award of monetary relief, provided
that the employee has performed the duties as previously specified for a
period of four (4) or more working days. The amount of the monetary
award shall be the difference between the employee’s regular hourly rate
of pay, and the hourly rate of pay at the applicable step of the higher pay
range for the new classification. The applicable step shall be the step in
the higher pay range which is approximately four percent (4%) higher
than the current step rate of the employee. If a step does not exist in the
higher pay range that guarantees the employee approximately a four
percent (4%) increase, the employee will be placed in the last step of the
higher pay range. The placement into the last step does not necessarily
guarantee a four percent (4%) increase. If the higher level duties are of a
permanent nature as agreed to by the Union and the Employer, the
employee shall be reclassified to the higher classification.
If the duties are determined to be those contained in a classification
with a lower pay range eighty percent (80%) or more of the time than
that of the employee’s current classification: 1) the Director or designee
shall issue an award to cease the assignment of the lower level duties,
and take appropriate action to assign duties consistent with the
employee’s current classification; or 2) the parties mutually agree to
reclassify the employee to the lower level classification, the employee
may be reassigned to the appropriate classification; or 3) if the duties
cannot be assigned by the Employer, other actions, as appropriate, may
be initiated under this Agreement. Management shall discuss options
with the Union.
In no event shall the monetary award be retroactive to a date earlier
than four (4) working days prior to the date of the filing of the original
grievance.
If the grievance is not resolved within fifty (50) days of filing or the
date of an agreed upon extension, it will be automatically eligible for
appeal.
Appeal to Alternative Dispute Resolution (ADR)
Grievances which have not been resolved under the foregoing
procedure may be appealed to ADR by the Union within fifteen (15) days
of the appeal. The Union shall propose the grievance for ADR within
one hundred twenty (120) days from the original filing of the grievance.
The parties shall schedule an arbitrator to determine if an employee
was performing the duties which meet the classification concept and
consist of a substantial portion of the duties (i.e., more than twenty
percent (20%) of the employee’s time if to a higher classification or
eighty percent (80%) of the employee’s time if to a lower classification)
as specified in the classification specification other than the one to which
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the employee is currently assigned and for what period of time.
Present at the hearing shall be a Union representative, the grievant
or the employee whose duties are being challenged, and a Management
representative and Agency designee who will present their arguments to
the arbitrator. The employee’s position description will be admitted into
evidence at the hearing. If the Union disagrees with the accuracy of the
position description, it may file objections with the Management
advocate accompanied by its version of what actual duties were
performed at least two (2) days in advance of the arbitration hearing. The
objections filed by the Union will be admitted into evidence. The
arbitrator will issue a binding bench decision at the conclusion of the
hearing, which will identify if the employee was working out of
classification and for what period of time. If the arbitrator determines
that the employee is performing duties in a classification which carries a
higher pay range than the employee’s current classification, the arbitrator
shall order the Employer to immediately discontinue such assigned
duties. If the arbitrator determines the duties of the position to be of a
lower classification, the arbitrator shall order the Employer to
immediately discontinue such assigned duties. The arbitrator’s decision
concerning a lower classification is restricted to determining whether
duties are performed for a substantial portion of time. Only when the
employee is performing duties inconsistent with the employee’s original
classification assignment more than eighty percent (80%) of the
employee’s time will a determination be made to instruct the Employer
to discontinue the assigned duties.
The determination of a monetary award shall be in accordance with
Section 19.02 above. However, if the Union and the Office of Collective
Bargaining agree that the higher-level duties are of a permanent nature
and that the situation is otherwise in compliance with the provisions of
this Article, they may mutually agree to reclassify the employee to the
higher level classification. Likewise, the parties mutually agree to
reclassify the employee to a lower classification.
The remedy ordered at any step of the grievance procedure,
including a monetary award, shall be in accordance with Section 19.02,
above.
The expenses of the arbitrator shall be borne equally by the parties.
19.03 - Holding Classes
Grievances may be filed and processed pursuant to this Article with
respect to those alleged duties performed by an individual in a holding
classification which are contained in a classification which carries a
higher pay range than the employee’s current classification. The
documents for comparison by the arbitrator shall be:
A. The employee’s current position description;
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B. The classification specification in effect at the time of the appeal,
which is the non-holding equivalent to the employee’s current
classification; and
C. Current classification specification containing the duties the
employee or Union alleges are those of the higher classification.
At no time will an employee in a holding classification suffer a loss
of their rights and benefits under this Agreement.
The remedy ordered at any step of the grievance, including a
monetary award, shall be in accordance with Section 19.02 above.
19.04 - No Pre-positioning
Article 19 shall not be used to pre-position employees. The parties
recognize that some jobs change over time. Normal changes in job duties
are not to be considered pre-positioning.
ARTICLE 20 – BENEFITS
20.01 - Health Care, Eligibility, Open Enrollment
A. General
The Employer shall provide comprehensive health care to all
eligible employees.
B. Open Enrollment
Every year the Employer shall conduct an open enrollment
period, at which time employees shall be able to enroll in a health
plan, continue enrollment in their current plan, switch to another
plan, subject to plan availability in their area, or waive coverage.
The timing of the open enrollment period shall be established by the
Director of the Department of Administrative Services (DAS), in
consultation with the Joint Health Care Committee (JHCC).
Open enrollment fairs will be sponsored by the Employer in
those years when a significant change in the benefits program has
been implemented. Such a change would include, but not be limited
to, new insurance vendors, elimination of existing insurance
vendors, and significant changes to the insurance plan design. The
JHCC will evaluate the need for open enrollment fairs and will make
a recommendation to the Director of Administrative Services if it is
determined that open enrollment fairs are needed during a particular
open enrollment period. Whenever possible, the recommendation
will be made at least six (6) months in advance of the open
enrollment period to allow for adequate time to plan for and organize
the open enrollment fairs. Fairs will be publicized among State
employees and employee attendance at the fairs will be allowed and
encouraged subject to the legitimate scheduling needs of the
Employer.
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If more than twelve (12) months pass without an open
enrollment period, the Employer shall provide an opportunity for
State employees to add or drop dependents or add or drop health
plan coverage. The JHCC and/or appropriate sub-committee shall
be consulted in the development of plans for such opportunities.
C. Changes Outside of Open Enrollment
In order to maintain premium payment with pre-tax earnings,
any changes outside of open enrollment must be in compliance with
the applicable rules of the Internal Revenue Code Section 125 which
may include but not be limited to the following (see the DAS
website for additional information): Coverage changes may occur
if requested within thirty-one (31) days of any of the following
events:
1. After marriage, death of a spouse, divorce, legal separation,
or annulment, in which case coverage becomes effective
the first day of the month following the month of the event.
2. Birth, adoption, placement for adoption, or death of a
dependent, in which case coverage becomes effective with
the birth, adoption, or placement of a child or date of death.
3. Termination or commencement of employment by the
employee, spouse or dependent, in which case coverage
becomes effective the first day of the month following the
month of the event.
4. Reduction or increase in hours of employment by the
employee (including layoff or reinstatement from layoff),
spouse, or dependent, including a switch between part-time
and full-time, strike, lockout, or commencement, return to
work from an unpaid absence, or change in work site in
which case coverage becomes effective the first day of the
month following the month of the event.
5. Return to work through order of arbitration or settlement
of a grievance, or any administrative body with authority
to order the return to work of an employee.
6. The employee’s dependent satisfies or fails to satisfy the
requirement of the definition of dependent due to
attainment of age, student status or any similar
circumstance as provided in the Health Plan under which
the employee receives coverage.
7. If the plan receives a Qualified Medical Child Support
Order (QMCSO) pertaining to an employee’s dependent,
the Employer shall add or drop the child to the plan
depending upon the requirement of the QMCSO.
8. If an employee, spouse, or dependent who is enrolled in a
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health plan becomes entitled to coverage (i.e., enrolled)
under Part A or Part B of Title XVIII of the Social Security
Act (Medicare) or Title XIX of the Social Security Act
(Medicaid), other than coverage consisting solely of
benefits under Section 1928 of the Social Security Act (the
program for distribution of pediatric vaccines).
9. If an employee, spouse, or dependent is no longer entitled
to coverage (i.e., enrolled) under Part A or Part B of Title
XVIII of the Social Security Act (Medicare) or Title XIX
of the Social Security Act (Medicaid), other than coverage
consisting solely of benefits under Section 1928 of the
Social Security Act (the program for distribution of
pediatric vaccines).
Requests for changes pursuant to Sections (1) through
(9) must be supported by proper documentation.
10. An employee may change third-party administrators if the
employee no longer resides in the service area of the
employee’s current third-party administrator.
D. Eligibility
All permanent full-time and part-time employees, including
established-term appointment (ETA) employees (unless modified
by Agency Specific Agreements), shall be eligible for health
benefits as well as for the benefits provided by the Union Benefits
Trust. In addition, employees to whom the Employer owes
responsibility for providing health benefits pursuant to the Patient
Protection and Affordable Care Act (PPACA) shall be eligible for
health benefits. For new employees, coverage for health care
benefits as provided in this Article becomes effective on the first day
of the month following the month in which the employee begins
employment with the State. Changes made during open enrollment
will become effective on the first day of the new benefit period. The
Employer reserves the right to perform dependent eligibility audits
after providing advanced notice and consulting with the Joint Health
Care Committee. Health care costs paid on behalf of ineligible
dependents will be subject to recovery.
The following dependents, and other dependents required by
law, are eligible for coverage (see the DAS website for more
information):
1. The employee’s current legal spouse.
2. a. Medical Benefits: the employee’s children until the end of
the month in which they reach age 26 (including legally
adopted children, children for whom the employee has
been appointed legal guardian, and dependent stepchildren
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and foster children);
b. Vision and Dental Benefits: the employee’s unmarried
children who are attending an accredited school and are
primarily dependent upon the employee for maintenance
and support until the end of the month in which they reach
age 23.
3. Children of divorced or separated parents not residing with the
employee but who are required by law to be supported by the
employee.
4. Unmarried children of any age who are incapable of self-
support due to mental or physical disability, whose disability
began before age 23 and who are principally dependent on the
employee. When there is an unsuccessful attempt at
independent living, a child covered pursuant to this provision
will be re-enrolled for coverage, provided application is made
within five (5) years following the loss of coverage.
5. Dependent children placed for adoption in an employee’s home
shall be eligible for coverage under the same conditions as
children born to an employee or the spouse of the employee,
whether or not the adoption has become final.
Employees that are called to active military service by the
federal government continue to be eligible for full health care
benefits during their tour of duty. Their dependents also continue to
be eligible for health care benefits during their active duty service.
An employee or dependent may only be covered once under the
health plan, except as required by the PPACA (e.g.): when both
spouses in a family are employed by the State, each may elect single
coverage, or one may elect family coverage provided that the spouse
who elects single coverage may not be listed as a dependent under
the family coverage; a child who is eligible as an employee of the
State is not also eligible as the dependent of a parent who is also a
State employee; an individual who is the spouse of a State Employee
and the child of another State employee may only be covered as a
dependent under the family coverage for one of the State
employees.)
E. COBRA
The Employer shall provide COBRA coverage as required by
applicable laws. Specific information on COBRA shall be available
on the DAS website.
20.02 - Joint Health Care Committee (JHCC)
A. Membership and Purpose
The Employer agrees to retain the JHCC, which shall include
the Labor co-chair and five (5) representatives from
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OCSEA/AFSCME and one (1) each from the four (4) remaining
Unions which have the largest number of State employee bargaining
unit members and a like number of Management representatives.
Representatives from other Unions may be added as non-voting
members by mutual agreement of the Labor and Management co-
chairs.
The committee shall meet quarterly unless otherwise agreed, to
review and act on subcommittee recommendations related to
changes in any matters covered in Article 20 of this Agreement or
on other matters as mutually agreed to by the co-chairs. The
Management co-chair shall be designated by the Employer, and the
Labor co-chair shall be designated by the President of OCSEA or
designee. Whenever possible meetings will be held during regular
business hours and employees will receive time off with pay at their
regular rates, plus travel expenses pursuant to Article 32 to
participate in committee and subcommittee meetings.
The co-chairs of the JHCC shall advise the Director of DAS on
the operation of the health plans and will present recommendations
from the JHCC or its subcommittees to the Director in writing.
Within forty-five (45) days of receipt of a formal
recommendation from the JHCC, the Director will advise the co-
chairs of any actions to be taken in response to their
recommendations.
The Director may request a meeting with the co-chairs at any
time to explain or discuss any recommendation.
The co-chairs may jointly request the Director of DAS to
provide that the costs of JHCC member attendance at conferences,
seminars, or other educational opportunities (including reasonable
travel, hotel and meals) be paid for JHCC members to attend events
which the co-chairs mutually agree will assist in the discharge of
JHCC responsibilities under this Article. Such costs will be paid
from the education and communication account.
B. Subcommittee Functions
The JHCC shall have subcommittees for: planning,
administration and communications. JHCC subcommittees may be
reconfigured by mutual agreement of the Labor and Management
co-chairs. These subcommittees shall meet at least quarterly unless
otherwise agreed, with the co-chairs, or a designee, as a member of
each subcommittee.
Specific functions of the subcommittees shall include:
1. Planning
a. Make recommendations regarding the request for proposal,
evaluation of bidders, and selection of all health plans and
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of the consultant(s) who will assist in the process of health
plan evaluation and selection. The Labor co-chair of the
JHCC, or designee, may at his/her discretion participate in
any consultant or provider interview process. Upon
agreement by the co-chairs, subcommittee members may
participate in the interview process as well. The planning
subcommittee will review the requests for proposals
(RFPs) and the proposals of bidders, unless Labor agrees
to waive this review in the interests of time, in which case
the Labor co-chair will review the RFPs and the proposals
of bidders.
b. Make recommendations regarding vendor contracts.
c. Facilitate research on new initiatives and review market
analysis of health care issues and review the health care
marketplace.
2. Administration
a. Monitor the operations, contract compliance and National
Committee for Quality Assurance (NCQA) or other
applicable accreditation status of health plans.
b. Review customer service issues and work with DAS
Benefits Administration Services to resolve those issues.
c. Review the Health Plan Employer Data Information Set
(HEDIS) reports and other data of the health plans, which
shall be provided on a regular basis to the subcommittee.
d. Review any audits performed on the health plans.
e. Review benefit issues and changes proposed for health
plans.
f. Monitor status of the State Employee Health Benefit fund.
3. Communications
a. Make recommendations regarding open enrollment.
b. Review communication materials prior to distribution to
employees.
c. Explore use of alternative print and non-print methods of
communication.
d. Assist in the implementation of Section 20.02 (C) below.
C. Employee Education and Communication
A consultant shall be chosen in consultation with the
communication subcommittee to assist in the communication of
benefits information to State employees unless mutually agreed
otherwise by the JHCC. The consultant will have expertise in
communicating benefits information to large and diverse
populations using multi-media approaches. Relevant public sector
and/or Labor Union experience shall be given consideration in the
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consultant selection process. The Employer in conjunction with the
consultant will work with the communication subcommittee to
update a strategic plan for communicating benefits with State
employees through both print and non-print means of
communications. The plan will include employee education as well
as provisions for employee input into and feedback concerning State
employee health plans. It will also include guidelines for health plan
communications with State employees. The strategic planning
process will be ongoing and shall produce a plan covering at least
the period of the duration of this Agreement. A surcharge may be
added to the health plan premiums to maintain the employee
education and communication program. The surcharge shall be one
dollar ($1.00) per month, per employee, enrolled in a health plan,
and may be adjusted based upon a review of reports of revenue and
expenditures of the account maintained for such purposes, as
recommended by the JHCC to the DAS Director. The surcharge
shall be equally split between the Employer’s and the employee’s
premium share (e.g., fifty cents ($.50) each). The funds shall be used
to develop and implement communication programs for all
employee health plans, mental health and substance use disorder
programs, and other State health programs as identified by the JHCC
and to employ consultants as needed to assist the parties in health
plan selection, rate negotiations or any other function determined
appropriate. Monies unexpended or encumbered in one (1) fiscal
year shall be carried forward and be available in subsequent fiscal
years. The JHCC shall receive quarterly fund financial reports
including revenue and expenditures.
D. Health Care Policy Analyst
The Employer will dedicate $150,000 annually in recognition
of the increased need for analysis in the administration of the State’s
health management programs. This amount may be adjusted upward
by the DAS Director. Monies unexpended or encumbered in one (1)
fiscal year shall be carried forward and be available in subsequent
fiscal years. Additionally, due to monies carried forward from one
year to the next, the DAS Director may adjust the amount downward
so as not to exceed the $150,000 annual commitment.
Such analysis will be conducted by an expert in the health care
field or a health care policy analyst or a combination of the two as
determined by the Director of DAS after recommendation from the
JHCC. The functions performed shall include but are not limited to:
1. Analyze health care claims data of State employees for trends
and make recommendations to the JHCC on plan design and
health management programs based on the trend analysis;
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2. Monitor and analyze health care legislation for potential impact
on the State health plans;
3. Analyze plans’ HEDIS data, issue logs and health plan contract
compliance issues and make recommendations to the JHCC on
actions it might take;
4. Monitor relevant health care issues and wellness initiatives and
make recommendations to the JHCC for potential action.
The health care policy expert or analyst will at a minimum make
quarterly reports to the JHCC on its activities and will function as
an ongoing resource to the JHCC on health care policy and data
analysis issues. The JHCC will develop a list of key issues and
outcomes to be addressed by the expert or analyst. The JHCC Labor
co-chair will participate in the interview and selection process.
20.03 - Health Plan Characteristics
Except as otherwise provided herein, health plans offered to State
employees must meet standards in the areas listed below. Prior to each
subsequent rebidding or re-evaluation of health plans offered to State
employees, the Director of DAS may revise the standards and add
standards in additional areas if such revisions and/or additions are
recommended by the JHCC.
A. Networks
1. Health plan provider networks must have a full range of
primary care and specialist physicians with reasonable numbers
of each in relationship to eligible State employees.
2. Health plans newly offered to State employees shall ensure that
no more than a reasonable percent of network providers have
closed practices and shall attempt to facilitate inclusion in their
network primary care physicians already serving State
employees in their service area.
3. A designated percentage of primary care physicians and
specialist physicians shall be board certified.
4. Health plans shall adhere to reasonable standards of access for
every employee to primary care physicians and to hospitals in
urban and rural areas in time and distance as recommended by
the administration subcommittee of JHCC.
5. Health plans shall agree to refrain from dropping any hospital
or health care facility from the network during a benefit period,
unless the health plan has notified the Employer, and to the
satisfaction of the Labor and Management co-chairs, attempted
to develop a method of delivering continuity of care for those
persons who may be adversely affected by the change in the
network.
6. Health plans shall include centers of excellence (COE) to
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perform highly specialized, high cost procedures such as
transplants. The JHCC or the Director, in consultation with the
JHCC may modify this provision to best accommodate health
plans while assuring quality services for participants.
Furthermore, after consultation with the JHCC, the Director of
DAS may provide financial or other incentives (including but
not limited to reduced copays or co-insurance) to participants
to utilize quality providers.
7. For any plan that offers out-of-network coverage,
reimbursement to non-network providers shall be at a level no
greater than 60% of the contracted allowable amount. Also, a
member can be balance billed for the difference between what
is charged and what the plan allows.
8. Telehealth services with a reduced copay for physician services
offered via teleconferencing technology will be half of the
office copays outlined in Article 20.03(C) in the PPO plan.
9. No hospital, doctor, laboratory, or other health care provider
can be added to a plan network in violation of the vendor’s
established selection criteria, or in violation of the vendor’s
established standards governing the number of hospitals and
other providers which will be part of the plan network in any
given geographic area.
10. Medical Necessity and Preventive Services
Health plans pay only for those covered services, supplies,
and hospital admissions which are medically necessary or are
classified as preventive services covered under the plan.
Network providers and facilities are responsible for ensuring
that services, supplies, and admissions are medically necessary
or preventive as defined by a plan. In plans with out-of-network
benefits, the fact that a non-network provider may prescribe,
order, recommend, guarantee, or approve a service, supply, or
admission does not guarantee medical necessity or make such
charges an allowable expense, even though they are not
specifically listed as exclusions.
B. Cost Sharing
1. Except as modified by the Director of the Department of
Administrative Services (DAS), who may revise or add to the
requirements in this Section if such revisions and/or additions
are recommended by the JHCC, the following features will
apply to this Section.
a. Deductibles
For the plan year beginning July 1, 2020, the in-
network individual deductible is $400, and the family
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deductible is $800. The out-of-network individual
deductible is $800, and the family deductible is $1,600.
When any one family member has paid $250/$500, or in
the plan year beginning July 1, 2020, $400/$800, for
eligible expenses, that person’s deductible is met. The
balance of the family deductible must be met by the
combined expenses of other family members. Expenses
which are applied towards meeting the individual or family
deductible must be incurred during the benefit period.
b. Reimbursement Levels and Coinsurance
Network providers and hospitals shall be prohibited
from balance billing, that is, from charging any participant
any additional amount other than copays, coinsurance, or
deductibles for covered services. Network Providers shall
submit bills and other required paperwork on behalf of the
participant.
With the exception of certain preventive services,
which are covered at one hundred percent (100%) and
office visits, which are covered in full after payment of an
office visit copay or other specified service, the plan will
pay eighty percent (80%) of those covered services
performed by network providers. In those instances, the
participant pays twenty percent (20%) of the plan’s
reimbursement rate up to the medical/behavioral health
out-of-pocket maximum. Except as provided for in Section
20.04 (A), employee co-insurance shall not exceed twenty
percent (20%) of the paid charges for covered network
services.
In health plans which offer to employees the option of
using a network or a non-network provider or facility, the
plan will pay sixty percent (60%) of the contracted
allowable amount for non-network providers for covered
services. The participant pays forty percent (40%). The
employee coinsurance when using a non-network provider
or facility shall not exceed forty percent (40%) of the plan’s
contracted allowable amount for non-network providers.
Non-network providers may or may not accept the plan’s
payment as payment in full. The non-network provider
may bill the participant the balance between what is
charged and what the plan allows.
c. Out-of-Pocket Maximum (OPM)
Except as provided for in Section 20.04 (A), employee
out-of-pocket maximums for a benefit period shall not
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exceed $2,500 for single coverage and $5,000 for family
coverage when using covered network services. In health
plans which offer to employees the option of using a
network or non-network provider or facility, employee out-
of-pocket maximums for a benefit period shall not exceed
a combined total of $5,000 for single coverage and $10,000
for family coverage for covered services in any instance.
Employee out-of-pocket maximums for prescription
drug copays for a benefit period shall not exceed a
combined total of $3,500 for single coverage and $7,000
for family coverage.
As soon as any individual in the family meets the
individual coverage medical/behavioral health OPM,
further eligible expenses on behalf of that individual shall
be covered in full except as indicated below. All
participants’ eligible expenses shall count toward
satisfying the individual and/or family medical/behavioral
health OPM, except that any penalties paid and/or
prescription drug copays shall not count toward satisfying
the medical/behavioral health OPM. After participant
eligible expenses have reached the OPM, eligible services
are covered in full except where non-network providers
engage in balance billing.
2. Employees will pay fifteen percent (15%) of the health care
premium and the Employer will pay eighty-five percent (85%)
of the health care premium; however, for any alternative plans
offered pursuant to Section 20.04 (A), the employees’ premium
share will be determined by the Director of DAS, but will not
exceed fifteen percent (15%) of the premium. Employees who
include a spouse as a dependent for healthcare coverage shall
pay a surcharge of twenty dollars ($20.00) per month in
addition to the family premium.
The State will deduct the employee’s monthly share of the
health care premium twice a month or biweekly as determined
by the Employer.
3. The Employer’s premium share of eighty-five (85%) shall be
paid only on behalf of the following employees:
1. Full-time employees.
2. Part-time employees who are in active pay status an
average of thirty (30) or more hours a week averaged over
a 12-month measurement period or otherwise in
accordance with the employer responsibility provisions of
the Patient Protection and Affordable Care Act (PPACA);
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(including established-term appointments (ETAs)
employees (unless modified by Agency-Specific
Agreement) according to the schedule in 20.05(C),
provided that all part-time employees who were
grandfathered under the provisions of the previous
Agreements shall continue to have premiums paid pursuant
to those provisions as long as the employee remains in the
same appointment category).
4. The Employer’s premium share for all other eligible part-time
employees shall be paid as follows:
1. The Employer shall pay no share of the premium for part-
time employees who are in active pay status an average of
less than twenty (20) hours a week. However, such
employees shall have the option of self-paying the entire
health plan premium.
2. The Employer shall pay fifty percent (50%) of the premium
for part-time employees who are in active pay status an
average of twenty (20) hours or more a week but less than
thirty (30) hours a week averaged over a 12-month
measurement period.
Average hours in active pay status shall be calculated on a
12-month measurement period. Pursuant to the PPACA, the
measurement period and hours required to qualify for full-time
health insurance shall be adjusted for employees who work on
a school-year calendar. For newly hired part-time employees,
estimated scheduled hours shall determine the Employer
contribution toward the premium cost for the first twelve (12)
months of coverage.
Employees subject to the pro-rated Employer health plan
premium share under this subsection shall be advised in writing
regarding the amount of the Employer’s share which applies to
them.
Employer payments for premium costs under this Article
shall continue during unpaid family leaves granted pursuant to
Section 31.01, provided the employee continues to contribute
his/her share of the premium.
The parties reserve the right to amend this Section mid-
term if the thirty (30)-hour threshold under the Patient
Protection and Affordable Care Act is amended.
5. Health Care Spending Account - The Employer will continue
to offer a Health Care Spending Account to employees. Only
employees who have completed one (1) year of continuous state
service are eligible to enroll in the health care spending account.
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The purpose of this account is for employees to use pre-tax
earnings to pay for eligible health care costs as allowed by IRS
Code 125 incurred within a calendar year. Such health care
costs may include, but are not limited to, annual deductibles,
copays, co-insurance, and medical procedures not covered by
the medical, dental, and vision plans like acupuncture, Lasik
eye surgery, etc. The Health Care Spending Account Third
Party Administrator’s fee will be paid for by the State. Upon
recommendation of the JHCC the Director of DAS may
determine the annual caps, implement the IRS permitted grace
period, and/or implement a debit card to be used by employees
to purchase IRS approved medical expenses with their account
dollars.
C. Benefits and Exclusions
Only medically necessary eligible services are covered. The
State, after consultation with the JHCC, may carve-out procedures
and services, including but not limited to, durable medical
equipment, laboratory services, and prosthetics so that carved-out
procedures and services may be provided by a vendor other than the
participant’s health plan. After consultation with the JHCC, the
Director of DAS may require participants to use centers of
excellence for designated procedures or services. Additionally, upon
the recommendation of the JHCC, the Director of DAS may place
limits on certain benefits.
1. In-Patient Hospital Benefits:
Health plans will offer at least the following hospital services:
a. Unlimited duration of eligible medically necessary services
except as provided herein.
b. Semi-private room.
c. Hospital ancillary services.
d. Emergency room services.
There is a one-hundred and fifty dollar ($150.00)
charge for the use of the emergency room which does not
result in an admission. If there is a penalty charge
established by the Department of Administrative Services
for the non-emergency use of a non-network hospital, it
shall be no greater than $350.
e. Diagnostic imaging and laboratory tests.
f. All other eligible medically necessary treatments and
procedures.
2. Other Than In-Patient Hospital Benefits
Benefits for all health plans offered to State employees shall
minimally include:
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a. Physician services. Routine office visits, house calls and
consultations. Office visits provided by a network
physician and billed by that office shall be covered at one
hundred percent (100%) with no co-insurance or
deductibles after a thirty dollar ($30.00) copayment. If such
visit, house call, or consultation is covered on an out-of-
network basis, the participant shall pay a fifty dollar
($50.00) copayment with no coinsurance or deductible.
b. Outpatient medical services.
c. Emergency medical services.
d. Diagnostic laboratory and diagnostic and therapeutic
radiological services.
e. Infertility services to include diagnostic services to
establish cause or reason for infertility.
f. Preventive health care services, as recommended by the
United States Preventive Services Task Force (USPSTF)
guidelines shall be covered with no copay, co-insurance or
deductible if provided by a network physician and shall
include at least the following:
(1) Screening colonoscopy beginning at age 50.
(2) Routine physical examinations, including routine lab
profiles (including but not limited to cholesterol and
other lab screenings). For non-network physicians,
benefits shall be paid after the fifty dollar ($50.00)
copay, with no deductible or co-insurance: one (1)
every two (2) years for ages 40-59; one (1) each year
for ages 60 and over.
(3) Cervical cancer screening, which at a minimum shall
include annual gynecological physical examinations,
including screenings and re-screenings for cervical
cancer for women age 18 and over, and for women
younger than 18 who are sexually active. Adjunctive
technologies approved by the U.S. Food and Drug
Administration in addition to traditional Papanicolaou
smears shall be covered. Additional testing for
cervical cancer is covered when medically necessary.
(4) Mammographies to detect the presence of breast
cancer shall be covered as follows: Routine or
screening mammography (age 35-39) one (1) in five
(5) years, one (1) screening or diagnostic
mammography during that five (5) year period; age 40
and older, annually covered; high risk individuals as
needed, regardless of age. Mammography coverage
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will include both males and females; any additional
mammogram(s) shall be covered subject to
deductibles or copayments.
(5) Prenatal obstetrical care and prenatal care outreach. A
prenatal outreach program to encourage prenatal care
beginning in the first trimester.
(6) Well child care. This includes the initial inpatient
examination of a newborn infant. The plans cover
annual physical exams including hearing
examinations, developmental assessments,
anticipatory guidance, immunizations (including, but
not limited to meningococcal) and laboratory tests in
accordance with the recommendations of the
preventive care task force guidelines (or other
recommending body as determined to be appropriate
by the JHCC).
(7) Immunizations as recommended by the Centers for
Disease Control and Prevention guidelines.
(8) Prostate Specific Antigen (PSA) Testing
PSA screening. One (1) screening test per twelve (12)
months for men age 40 and over.
g. Skilled Nursing Facility, including Extended Care is
covered at eighty percent (80%) for up to one hundred
eighty (180) days for each confinement provided that the
benefit must immediately follow a hospital confinement, or
provided that the confinement will avoid a hospitalization
which would otherwise be necessary. Coverage is at eighty
percent (80%) of the contracted allowable amount and not
subject to deductibles and copays. Additional days of
coverage for medically necessary care at sixty percent
(60%) of the contracted allowable amount and are not
subject to deductibles.
h. Allergy injections.
i. Home Health Care Services: Home Health Care
(noncustodial) services prescribed by a physician to treat a
medical condition for which the patient was or would
otherwise have been hospitalized shall be covered at eighty
percent (80%) if provided by a network provider, and at
sixty percent (60%) of contracted allowable amount if
provided by a non-network provider in plans that permit
use of non-network providers. Such benefit shall not
exceed one hundred eighty (180) days.
j. Registered dietitian services for medically necessary
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conditions and obesity management up to two (2) visits per
patient per condition per year.
k. Physical therapy.
l. Occupational therapy.
m. Speech therapy.
n. Chiropractic services.
o. Initial internal or external prosthetic devices and medically
necessary replacements.
p. Non-experimental organ transplants. Participants are
required to utilize a center of excellence for transplants.
q. Liaison services with the State Employee Assistance
Program.
r. No fewer than three disease management programs unless
otherwise provided by the State through contracts with
disease management vendors. The disease management
programs shall not be subject to deductibles or
copayments. Two of the disease management programs
must address diabetes and asthma.
s. Diabetes supplies, insulin and durable medical equipment
(including insulin pumps where medically necessary)
covered at one hundred percent (100%) with no
deductibles, copayments or co-insurance upon
participation in a diabetes disease management program.
t. Ambulance service.
u. Tubal ligation covered at 100%.
v. Vasectomy covered at 100%.
w. Hemodialysis.
x. Hospice services, with one hundred percent (100%)
coverage of medically appropriate care (with no
deductibles, copays or arbitrary day or visit limits).
y. Durable medical equipment.
z. Mental health services are provided as described in Section
20.03 (C)(5).
aa. Birth control, including oral contraceptives, patches,
IUDS, injectables, implantable contraceptives and
diaphragms.
bb. Clinical Trials
Participation in sponsored clinical trials is covered on a
limited basis. This is an exception from the coverage
exclusions for experimental procedures. Coverage includes
Phase I, Phase II, Phase III, and Phase IV clinical trials as
required by the PPACA. All care and testing required to
determine eligibility for a clinical trial and all medical care
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that is required as a result of participation in a clinical trial
will be eligible for coverage. Pre-authorization is required.
A participant should contact the health plan Administrator
for more information.
cc. Voluntary family planning services.
dd. Hearing aids for natural hearing loss are covered at fifty
percent (50%) not to exceed a one thousand dollar ($1,000)
lifetime benefit. Hearing aids for accident, injury or illness
are covered at 80% with no maximum.
ee. Tobacco cessation supplies and services.
3. Pharmacy Benefits
a. Pharmacy benefits are available to all State of Ohio
employees and their dependents enrolled in a health plan.
b. The JHCC will review the procedure for obtaining biotech
drugs and upon recommendation of the JHCC, the Director
of DAS may require that such biotech drugs be obtained
from specialty pharmacies. Furthermore, upon
recommendation from the JHCC, the Director of DAS may
establish a separate cost-sharing structure for biotech or
lifestyle drugs.
c. After consultation with the JHCC, the Director of DAS
may review the following:
(1) Alternative pharmacy cost-sharing plan options such
as co-insurance.
(2) Coverage of certain Over-the-Counter (OTC) drugs.
(3) Alternative pharmacy procurement and distribution
channels.
(4) A special retail generic program.
d. The pharmacy benefit manager may not remove from its
formulary or require preauthorization for any prescription
drug that is among its ten (10) most frequently prescribed
drugs unless the pharmacy vendor has notified the
Employer and consulted with the JHCC, including in that
consultation a review of the health plan research
recommending that the drug be excluded or put on
preauthorization status.
e. Retail pharmacy program. There will be a retail pharmacy
program with easy access to pharmacies throughout the
state. Copays for a thirty (30) day supply of prescription
drugs including coverage of prescriptions from a licensed
dentist are: ten dollar ($10.00) copayment for generic, forty
dollar ($40.00) copay for a formulary brand name drug and
a seventy five ($75.00) copay for a non-formulary brand
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name drug. Where a generic equivalent is available, the
copay for a non-formulary brand name drug shall be
seventy-five dollars ($75.00) and the difference in cost
between the generic equivalent and the non-formulary
brand name drug. Generic medication classifications will
be determined by the PBM based on industry standards in
which the PBM utilizes an independent third-party data
service for new and existing drug product pricing, coding,
and classification information. Preventive medication may
be provided at no cost as required by the Patient Protection
and Affordable Care Act. Specialty medications are filled
and mailed by a specialty pharmacy and limited to a thirty
(30) day supply; the copays shall be the same as a thirty
(30) day supply at retail. For a ninety (90) day supply
obtained at a retail pharmacy, the copays shall be three (3)
times the copay amounts for a thirty (30) day supply. Oral
oncology medications have a maximum copay of one
hundred dollars ($100) for a thirty (30) day supply.
f. Mail Order Drug Program
In addition to the retail pharmacy program, the State
shall maintain a mail order drug program for long-term or
maintenance medications lasting more than thirty (30)
days.
The following copays for mail order prescriptions of
ninety (90) days shall apply. For a generic drug, the copay
is twenty-five dollars ($25.00). For a formulary brand
name drug, the copay is one hundred dollars ($100.00).
For a non-formulary brand name drug, the copay is one
hundred and eighty-seven dollars and fifty cents ($187.50).
Where a generic equivalent is available, the copay for a
non-formulary brand name drug shall be one hundred and
eighty-seven dollars and fifty cents ($187.50) and the
difference in cost between the generic equivalent and the
non-formulary brand name drug. Generic medication
classifications will be determined by the PBM based on
industry standards in which the PBM utilizes an
independent third-party data service for new and existing
drug product pricing, coding, and classification
information.
g. Prior Authorizations and Exclusions for Prescription Drug
Programs
(1) Prior Authorization. A number of prescription drugs
require prior authorization, all approvals for such
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prescriptions will be handled by the Pharmacy Benefit
Manager (PBM). During the life of this contract other
drugs may be added to the list of prior authorization
after consultation with the JHCC, if required.
(2) It is recognized that certain drugs may not be covered
by the plans.
4. Health Plan Exclusions and Limitations
Exclusions and limitations shall be as follows:
a. Services which would be provided free of charge in the
absence of insurance.
b. Local anesthesia when billed separately, and hypnotism
used for anesthetic purposes.
c. Elective cosmetic surgery performed only for the purpose
of changing or improving appearance.
d. Custodial care, care in a sanitarium, rest home, nursing
home, rehabilitation facility, health resort, health spa,
institution for chronic care, personal care, residential or
domiciliary care, home for the aged, camp or school.
e. Personal comfort services such as telephones, radio,
television, barber and beauty services, or in connection
with air conditioners, air purification units, humidifiers,
allergy-free pillows, blanket or mattress covers, electric
heating units, swimming pools, orthopedic mattresses,
vibratory equipment, elevator or stair lifts, blood pressure
instruments, stethoscopes, clinical thermometers, scales,
elastic bandages, compression stockings, or wigs; unless
otherwise provided for by a specific benefit.
f. Devices for simulating natural body contours unless
prescribed in connection with a mastectomy.
g. In network charges which exceed the contracted allowable
amount maximums.
h. Chest x-rays and eye examinations not necessary to the
treatment of an illness, injury, or disease.
i. Services which are not medically necessary or are not
classified as preventive services.
j. Services received before the effective date of the contract,
or services not specifically covered by the contract.
k. Expenses of injury or illness paid for or furnished by an
Employer, whether under Workers’ Compensation or
otherwise, and services provided and paid by any
governmental program or hospital.
l. Vitamins, dietary or food supplements or non-prescription
drugs, except where prescribed by a physician.
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m. Routine foot care for other than diabetics.
n. Orthotics for other than diabetics.
o. Treatments or diagnosis for obesity, including diet control,
prescription drugs, exercise and weight reductions, except
for morbid obesity. This exclusion does not apply to any
obesity or disease management program agreed to by the
parties.
p. Illness or injury related to war (declared or undeclared) or
by participation in civil disturbance.
q. Devices used for contraceptive purposes, except birth
control pills, IUD, patches, injectables, implantable
contraceptives and diaphragms which are covered by the
plan.
r. In Vitro fertilization and embryo transplantation, gamete
intrafallopian transfer (GIFT), zygote intrafallopian
transfer (ZIFT), and any costs associated with the
collection, preparation or storage of sperm for artificial
insemination (including donor fees).
s. Reverse sterilization.
t. Dental care, including osseous surgery. If no dental
insurance exists or does not cover osseous surgery, such
surgery shall be covered as any other surgery.
u. Eyeglasses, contact lenses, or examinations for the fitting
of such devices or for the prescription of such devices,
unless necessitated as a result of an injury, illness or
disease.
v. Ordinary bandages and dressings.
w. Expenses which are covered under any other group
insurance program.
x. Expenses incurred in a Skilled Nursing Facility for:
(1) Services rendered or supplies furnished principally for
custodial care, which includes, but is not limited to,
nonmedical, day-to-day patient care such as assisting
the patient to get dressed and use bathroom facilities;
or
(2) Services rendered for care of mental decline, mental
deficiency, or mental disability.
y. Examinations and procedures performed for screening-
testing done without necessity, except as specifically
provided by Article 20, when not indicated by symptoms
or performed for treatment, including pre-marital testing
surveys, research, and any procedure performed in
connection with a physical examination ordered or
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required by an Employer as a condition of employment or
the continuance of employment.
z. Charges for mileage costs or for completion of claims
forms or for preparation of medical reports.
aa. Services rendered beyond the period of time generally
considered necessary for diagnosis of mental disability or
mental deficiency.
bb. Services rendered for a psychiatric condition usually
considered to be irremediable, except for the purpose of
diagnosis of the condition as being irremediable.
cc. Any services rendered primarily for training or educational
purposes; self-administered services; services directed
toward self-enhancement.
dd. Treatment programs and services which are not of proven
value or whose value is under investigation; research-
oriented treatment; developmental or perceptual therapy;
primal therapy; biofeedback; marriage counseling;
orthomolecular testing and therapy; cathectathon therapy;
marathon therapy; collaborative therapy. A drug or
treatment is considered experimental or investigational if it
cannot be legally marketed in the U.S.; it is a subject of
Phase I, II or III clinical trials or under study to determine
dosage, toxicity, safety, efficacy or efficacy compared with
standard means of treatment; or reliable evidence shows
that the consensus of experts is that further studies are
necessary to determine maximum dosage, toxicity, safety,
efficacy or efficacy compared with standard means of
treatment. Treatment in approved cancer clinical trials
pursuant to the DAS cancer clinical or other DAS approved
trial program(s) are covered.
ee. Clinic charges which are services billed by a resident,
intern or other employee of a hospital or skilled nursing
facility.
ff. Services for emergency first aid which are rendered in the
office, place of business, or other facility maintained by the
Employer.
gg. Services for which no claim was submitted within fifteen
(15) months of the date of the service.
hh. Any service considered to be in the category of mental
health and substance use disorder which is provided to
covered persons under a separate plan as described in
Section 20.03 (C)(5).
ii. Hepatitis B vaccinations provided for employees pursuant
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to other terms of a Collective Bargaining Agreement.
jj. Any service for which a benefit is not specifically provided
by the plans.
5. Mental Health/Substance Use Disorder Plan Characteristics
A mental health and substance use disorder program is
provided to all participants enrolled in any Employer-sponsored
health plan. Premiums for the mental health and substance use
disorder program shall be calculated and shall be added to the
health plan premiums. The Employer shall contract for mental
health and substance use disorder benefits consistent with
mental health parity provisions.
In addition, habilitative services are available to members
with a medical diagnosis of Autism Spectrum Disorder.
Clinical Therapeutic Intervention must be administered by or
under the supervisor of a qualified/approved provider, in
accordance with an approved applied behavioral analysis
(ABA) treatment plan. Mental/behavioral health outpatient
services shall be performed by a psychologist, psychiatrist,
physician or board-certified behavior analyst who is a
licensed/qualified/approved provider for
consultation/assessment/development/oversight of treatment
plans.
The care vendor shall provide quarterly reports to DAS,
which shall share the reports with the JHCC, on utilization and
treatment outcomes, and on the composition of its provider
network (including contracted facilities). The vendor will also
provide information about its programs for use in the participant
education program.
Programs must include the following features:
a. A full range of culturally diverse service providers,
including psychiatrists, psychologists, social workers, and
licensed and certified alcohol and drug counselors;
b. A full range of facilities, including inpatient facilities and
facilities for residential treatment (halfway houses,
transitional programs, etc.);
c. A full range of programs at various treatment levels,
including inpatient treatment, a variety of intensive
outpatient programs, and a variety of outpatient programs;
d. A range of service providers and facilities within a
reasonable distance in all parts of the state;
e. Group programs on smoking cessation, stress management,
weight control, family discord, and other life stress
management issues;
83
f. Timely responses to emergency calls;
g. Protocols and programs for integrating mental
health/substance use disorder and other physical health
programs;
h. Coordination with the State Employee Assistance
Program;
i. No preset caps on participant visits or treatment;
j. A provision that the program will pay the costs of
treatment by a provider not included in the care network
for those persons for whom an appropriate provider is not
available as follows: an individual practitioner within
twenty (20) miles, facility within thirty (30) miles
(Urban/Suburban); individual practitioner within forty five
(45) miles, facility within sixty (60) miles (Rural);
k. Use of the proper placement criteria;
l. Separate, appropriate diagnostic capacity for discrete
categories of illness (e.g., mental health, substance use
disorder , eating disorders);
m. Internal financial arrangements which will not encourage
under-treatment, placement at inappropriately low levels of
treatment, or withholding of treatment;
n. Capacity to provide appropriate critical incident stress
management in conjunction with the State Employee
Assistance Program; and
o. ABA services for Autism.
D. Quality Standards
1. All licensed health plans offered to State employees shall be
accredited by the National Committee for Quality Assurance
(NCQA) unless the health plan is of a type not accredited by
NCQA. The NCQA accreditation requirement may be waived
by the Director of DAS after consultation with the JHCC to
evaluate whether the quality measures can be met without the
NCQA certification. The JHCC may require that any other
health plans offered to State employees be accredited by an
appropriate accreditation body.
a. Any health plan must be properly accredited prior to
submitting a bid or otherwise seeking to provide services
to State employees. Such accreditation shall be in
accordance with (D)(1).
b. Any health plan providing services to State employees
which loses its accreditation with NCQA or other
accrediting body as described in (D)(1) above shall, from
the time of such loss of accreditation, no longer be offered
84
to newly eligible State employees, and shall not be offered
to employees at the time of the next open enrollment period
unless the DAS Director, upon the JHCC’s
recommendations, determines that the plan continue to be
offered.
2. Customer Service
All health plans offered to State employees shall have in
place a toll-free customer service telephone line.
3. Reporting Requirements
Following the NCQA data definitions and specifications,
all health plans shall annually submit to DAS and NCQA both
Health Plan Employer Data Information Set (HEDIS) data and
customer service performance data for its commercial
membership, and to DAS both HEDIS data and customer
service performance data for its State employee membership.
Such data shall be presented to the JHCC administration
subcommittee.
4. Administrative
a. Health plans must be able to demonstrate to the DAS
Benefits Administration that they can successfully provide
services for their anticipated enrollment.
b. Health plans must ensure that all participants are held
harmless from any charges beyond established fees or
copays for any benefit provided consistent with the health
plan, regardless of the contracting or non-contracting status
of the provider.
c. All licensed health plans will carry reinsurance coverage
holding participants harmless from any charges resulting
from out-of-network claims in the event that the health plan
becomes insolvent.
E. Coordination of Benefits
If a health plan which is self-insured or otherwise unregulated
is the secondary payer, the amount which the plan will pay shall be
limited to an amount that will yield a benefit no greater than what
would have been paid if the plan were the primary payer. The
primary plan’s benefit is subtracted from the amount the plan
normally pays.
When a plan is determined to be secondary, it acts to provide
benefits in excess of those provided by the primary plan. If a health
plan is the secondary payer, the secondary plan shall not be required
to make payment in an amount which exceeds the amount it would
have paid if it were the primary plan. But, in no event, when
combined with the amount paid by the primary plan, shall payments
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by the secondary plan exceed one hundred percent (100%) of
expenses allowable under the provisions of the applicable policies
and contracts.
F. Wellness and Health Management
1. The State and the Union are jointly committed to promoting
healthy lifestyles for State of Ohio employees. To that end the
Labor co-chair of the JHCC will serve on the State Healthy
Ohioans Committee. Furthermore, those Agencies that wish to
develop joint Labor/Management Wellness Committees to
further promote wellness initiatives within their Agency may
do so. The activities of the wellness committees may include
but are not limited to the following:
a. Identify areas where employees can exercise on State
property on breaks, lunch or off hours;
b. Identify ways to acquire exercise equipment for State
employees to use;
c. Disseminate wellness information to State employees in a
variety of ways including but not limited to newsletters,
wellness fairs, lunch seminars, internet information;
d. Secure discounts for fitness clubs/gyms for State
employees; and/or
e. Work with Management to eliminate barriers to employees
attending wellness events or accessing wellness
information.
2. Such wellness initiative shall not be construed to represent a
fitness for duty requirement nor shall this Section be tied to any
State fitness for duty requirements. The JHCC will review the
progress of Agency wellness programs. The JHCC will also
explore incentives and disincentives for employee participation
and make recommendations for implementation of statewide
wellness initiatives to the Director of DAS.
3. Health Management Programs shall be available to all
participants enrolled in a health plan regardless of which plan
they are enrolled in. The State, in consultation with the JHCC,
may carve-out health management services from any or all
health plans.
4. The State shall offer to employees a wellness track option
which may offer employees a monthly premium reduction or
other monetary incentive for those employees who participate
in the wellness track. The JHCC will be consulted on the type
and amount of premium reduction or monetary incentive.
20.04 - Health Plan Selection and Contracting
A. The Director of DAS upon recommendation by the JHCC will
86
determine the number of health plans offered to employees in each
county or other appropriate geographic grouping. In addition, a
statewide plan will be available in every county. Upon
recommendation of the JHCC the Director of DAS may offer
alternative health plans including but not limited to multiple plan
designs and networks and delivery models for medical and drug
benefits.
B. During the evaluation and selection process, cost will be weighted
at no more than fifty percent (50%) of the total. The financial part
of the evaluation tool can be increased beyond fifty percent (50%)
by the Director of DAS after consultation with the JHCC to evaluate
if quality is not compromised.
C. At any time during this Agreement, the Employer may also conduct
rate negotiations with health plans. Negotiations shall only be
concerning rates, and once begun, the Employer shall not accept
new health plan proposals to amend their schedule of benefits,
copayments, deductibles, or out-of-pocket maximum. The
Employer shall consult with the JHCC about the rate negotiations
and inform the JHCC on the progress and results of said rate
negotiations. If negotiations with a particular health plan do not
result in rates which are satisfactory to the Employer, the Employer
may, after providing notice to the JHCC refuse to permit any new
enrollment in said health plan or cancel the health plan contract.
D. A consultant with expertise in large group purchasing strategies and
quality measurement will be retained to assist in the development
and implementation of the health plan selection process and may be
retained to assist with rate negotiations. Experience in the public
sector and with employee Unions will be a factor in the consultant
selection process.
E. Where it is advantageous to the Employer and its employees, DAS
may execute multi-year contracts or contract extensions with health
plans.
F. If other political subdivisions or Employers are permitted to enroll
in the State employee health plans the State will take measures as
are necessary to protect such health plans from adverse experience
and/or penalties under the Patient Protection and Affordability Care
Act (PPACA) of such admitted subdivisions or Employers.
G. The Director of DAS, after consultation with the JHCC, may at
his/her discretion offer an additional high deductible health care
plan (HDHP) in compliance with IRS guidelines. It is not covered
by Article 20 but: (i) is in addition to (and not in lieu of) the health
plan(s) required to be offered under this Article 20, (ii) is a statewide
plan whose terms apply the same to bargaining unit employees and
87
non-bargaining unit employees equally, and (iii) is offered to
bargaining unit employees on a voluntary basis.
20.05 - Voluntary Supplemental Benefit Plans
The only voluntary supplemental benefit plans offered to State
employees whether provided through insurance or otherwise will be
those selected via a State administered request for proposal process or
pursuant to Article 21 of this Agreement. Only those employees enrolled
in a voluntary supplemental benefit plan as of March 1, 2006 that was
not selected pursuant to this paragraph may continue to participate in
such program.
ARTICLE 21 – UNION BENEFITS TRUST
21.01 - Trust Governance
The Union Benefits Trust (Trust) established on January 27, 1993,
shall remain in effect for the duration of this Agreement for the purpose
of offering dental, life, vision and other designated benefits to State of
Ohio bargaining unit employees and their dependents. With the
concurrence of the State Trustee, which shall not be unreasonably
withheld, the Trust may also offer and administer benefits for non-State
public sector employee participants provided that the Employer incurs
no expense or liability as a result of such action. In the event such benefit
plans are extended to non-State employee groups, appropriate separate
accounting shall be incorporated by the Trust to clearly identify fund
impacts.
The Union Benefits Trust shall be governed by a Board of Trustees
selected in accordance with the Trust Agreement executed on January
27, 1993, as amended from time to time. Trustees who are State
employees in active pay status will receive time off with pay at their
regular rate to participate in Trust meetings and conferences. The
Management co-chair of the JHCC established pursuant to Article 20, or
an alternate designated by OCB, shall serve as a member of the Board of
Trustees.
The Trustees shall be responsible for establishing rules, regulations,
and definitions of eligibility concerning Trust-provided benefits for its
participants and shall have fiduciary responsibility for the administration
of the Trust pursuant to the Trust Agreement and the laws of the State of
Ohio. The Trust shall have the right to establish contracts with
administrators and carriers for benefits and other business purposes.
21.02 - Trust Benefits for State Employees
The Trust shall offer dental, life, and vision benefits to eligible full-
time and part-time employees upon an employee’s completion of one (1)
year of continuous State service. Time spent on leave under the
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Voluntary Cost Savings Program (Appendix R) shall count toward the
employee’s continuous service time. Except as otherwise provided for in
an Agency Specific Agreement, beginning with the effective date of this
Agreement all established term employees whose total State service from
the employee’s original date of hire is twenty-six (26) pay periods or
greater, will be eligible for benefits provided by the Trust. The
Employer’s contribution will cease on the employee’s interruption date
or termination date. Trust dental benefits plans which are self-insured
shall have the same coordination of benefits (COB) as applied to the
Employer’s self-insured health plan.
In the event a bargaining unit employee goes on extended medical
disability or is receiving OIL, Salary Continuation, or Workers’
Compensation benefits, the Employer shall continue payments to the
Trust pursuant to Section 21.05 for the period of such disability, but not
beyond two (2) years.
The Trust may provide other supplemental benefits to employees
and their dependents at no direct cost to the Employer. In no event shall
the Trust provide Disability Gap Insurance designed to enhance the
Disability Program agreed to in this Agreement.
21.03 - Payroll Deductions
The Employer shall provide payroll deduction of premiums or fees
for voluntary life insurance or other voluntary benefit programs
established by the Trust.
21.04 - Administrative Agreement Between the Union Benefits
Trust and the Employer
The July 1, 1993, implementation agreement between the Ohio
Department of Administrative Services and the Trust, as amended
effective March 1, 2000, shall remain in effect unless and until the
agreement is altered by mutual agreement between the Trust and the
Employer.
21.05 - Payments
Effective July 1, 2015, the amount transmitted per month per
employee shall equal eighty-one dollars ($81.00). Effective July 1, 2016,
the amount transmitted per month per employee shall equal eighty-two
dollars ($82.00). Effective July 1, 2017, the amount transmitted per
month per employee shall equal eighty-three dollars ($83.00), continuing
until further modification. Employees on leave under Voluntary Cost
Savings Program (Appendix R) shall remain eligible under this Article.
The fund transmissions will include the aggregate amount of the payroll
deductions for voluntary programs administered by the Trust.
If financial analysis and projections reveal that the Trust will not be
able to fund basic dental, life and vision benefits in effect July 1, 2006,
at existing levels of Employer contribution, the parties shall re-open this
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Section of the Agreement upon thirty (30) days written notice and meet
and negotiate the level of Employer contribution to be effective not
earlier than July 1, 2007.
21.06 - Non-Bargaining Unit Coverages for State Employees
The Employer may determine to place non-bargaining unit
employees of the State in the Trust for purpose of dental, life, vision and
other benefits administered by the Trust by providing not less than ninety
(90) days advance written notice to the Trust. In the event such
employees are placed in the Trust, they shall not be withdrawn for a
period of two (2) years, and only upon not less than ninety (90) days
advance written notice of such withdrawal. Non-bargaining unit
employees shall not be placed in the Trust until the Employer and the
Trust have agreed upon Employer contributions to the Trust for such
non-bargaining unit employees and applicable administrative procedures
for such transition and reasonable administrative fees to be paid to the
Trust.
In order to minimize the administrative inconvenience to the
Employer and such employees as a result of the employees being
required to change insurance carriers and benefits administrators due to
transition in or out of bargaining unit through promotion, transfer or
otherwise, the Employer shall, to the extent possible, utilize the same
vendors as are selected by the Trust for such benefits, providing such
vendors provide services to the Employer on terms no less favorable than
for the Trust. The Trust will cooperate with the Employer to the extent
feasible in this regard.
ARTICLE 22 – PERFORMANCE EVALUATION
22.01 - Use
The Employer may use performance evaluations pursuant to the
Ohio Administrative Code Chapter 123:1-29, except as modified by this
Article. All Agencies shall use the current performance evaluation form,
which may be revised periodically after consultation with the Union. If
an Agency chooses to use a performance evaluation instrument different
than that utilized by the Department of Administrative Services, it shall
consult with the Union prior to implementing the new instrument.
All non-probationary employees shall be given an employee
performance evaluation annually on a schedule selected by the Agency.
Employee performance evaluations shall be used for all purposes for
which employee evaluations are normally used, including but not limited
to, merit based incentive programs designed to award employees for
specific form of job performance. The performance evaluation shall
include a summary conclusion section for the supervisor to rate the
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employee’s overall performance as either “satisfactory” or
“unsatisfactory”.
22.02 - Limits
Measures of employee performance obtained through production
and/or numerical quotas shall be a criterion applied in evaluating
performance. Numerical quotas or production standards, when used,
shall be reasonable and not arbitrary or capricious.
Performance evaluations shall not be a factor in layoffs.
Employees shall receive and sign a copy of their evaluation forms
after all comments, remarks and changes have been noted. A statement
of the employee’s objection to an evaluation or comment may be
attached wherever the evaluation is maintained. Employees are not
entitled to Union representation during performance reviews.
22.03 - Appeals
An employee may appeal his/her performance evaluation, by
submitting a Performance Evaluation Review Request to the
Management designee (other than the Employer representative who
performed the evaluation) within seven (7) days after the employee
received the completed form for signature. A conference shall be
scheduled within seven (7) working days and a written response
submitted within seven (7) working days after the conference.
If the employee is still not satisfied with the response, the employee
may appeal his/her performance evaluation to the Agency designee (e.g.,
Human Resources, Labor Relations).
This level of appeal shall not be available to any employee who has
received a rating of “Meets” or above, in all categories.
The appeal shall contain a reason and/or documents to identify why
the performance evaluation is not accurate. Any documents used by the
Employer in evaluating an employee’s performance shall be furnished
by the Employer to the employee upon request. The Agency designee
may hold a conference or do a paper review of the performance
evaluation. A written response will be issued within fourteen (14)
calendar days after the appeal is requested. The performance evaluation
appeal process is not grievable, except as outlined below:
If an employee is denied a step increase because his/her overall
performance is rated “unsatisfactory,” the employee may appeal such
action directly to Step Two of the Grievance Procedure. If the grievance
is unresolved at Step Two, appeal may be taken to the Office of
Collective Bargaining. No further appeal may be taken. Should the
appeal be successful, the step increase shall be retroactive to the date on
which it was due. If the employee’s performance evaluation is not
completed on time, the employee shall not be denied a step increase.
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ARTICLE 23 – PERSONNEL RECORDS
23.01 - Personnel Files
The Department of Administrative Services shall retain only such
records it deems necessary for auditing purposes in order to support
payroll and personnel actions. All other matters pertaining to an
employee will be retained within the Agency for which the employee
works. In the case of employees working for the Department of
Administrative Services, all other matters pertaining to an employee will
be retained within Employee Services of the Department of
Administrative Services.
Employee personnel files, disciplinary records, and grievance
records located at institutions shall be maintained in a manner that does
not provide access to inmates, residents and youths.
23.02 - Review of Personnel Files
Employees and/or their authorized Union representatives shall have
the reasonable right to review the contents of their personnel files.
Employees shall have access to all materials in their files except those
prohibited by ORC Section 1347.08 (C). Such review may be made
during normal working hours. Employees who are not normally
scheduled to work when the Personnel Office is open may request to
review their files through their supervisor. The supervisor will make the
file available in a reasonable amount of time. Reasonable requests to
provide one copy of documents in the files shall be honored at no charge.
The employee’s personnel file shall not be made available to any
organization or person other than the Employer or its agents, without the
employee’s written authorization unless pursuant to court order,
subpoena, or request made pursuant to the Ohio Public Records Act.
23.03 - Employee Notification
A copy of any material to be placed in an employee’s personnel file
that might lead to disciplinary action or negatively affect an employee’s
job security or advancement shall be provided to the employee. If
material is placed in an employee’s personnel file without following this
procedure, the material will be removed from the file at his/her request.
Such material cannot be used in any disciplinary proceeding. An
employee can place documents relevant to his/her work performance in
his/her personnel file.
ARTICLE 24 – DISCIPLINE
24.01 - Standard
Disciplinary action shall not be imposed upon an employee except
for just cause. The Employer has the burden of proof to establish just
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cause for any disciplinary action. In cases involving termination, if the
arbitrator finds that there has been an abuse of a patient or another in the
care or custody of the State of Ohio, the arbitrator does not have authority
to modify the termination of an employee committing such abuse. Abuse
cases which are processed through the Arbitration step of Article 25 shall
be heard by an arbitrator selected from the separate panel of abuse case
arbitrators established pursuant to Section 25.05. Employees of the
Lottery Commission shall be governed by ORC Section 3770.021.
24.02 - Progressive Discipline
The Employer will follow the principles of progressive discipline.
Disciplinary action shall be commensurate with the offense.
Disciplinary action shall include:
a. One (1) or more written reprimand(s);
b. One (1) or more working suspension(s). A minor working
suspension is a one (1) day suspension, a medium working
suspension is a two (2) to four (4) day suspension, and a major
working suspension is a five (5) day suspension. No working
suspension greater than five (5) days shall be issued by the
Employer.
If a working suspension is grieved, and the grievance is denied
or partially granted and all appeals are exhausted, whatever portion
of the working suspension is upheld will be converted to a fine. The
employee may choose a reduction in leave balances in lieu of a fine
levied against him/her.
c. One (1) or more day(s) suspension(s). A minor suspension is a one
(1) day suspension, a medium suspension is a two (2) to four (4) day
suspension, and a major suspension is a five (5) day suspension. No
suspension greater than five (5) days shall be issued by the
Employer;
d. Termination.
Disciplinary action shall be initiated as soon as reasonably possible,
recognizing that time is of the essence, consistent with the requirements
of the other provisions of this Article. An arbitrator deciding a discipline
grievance must consider the timeliness of the Employer’s decision to
begin the disciplinary process.
The deduction of fines from an employee’s wages shall not require
the employee’s authorization for withholding of fines.
If a bargaining unit employee receives discipline which includes lost
wages, the Employer may offer the following forms of corrective action:
1. Actually having the employee serve the designated number of days
suspended without pay;
2. Having the employee deplete his/her accrued personal leave,
vacation, or compensatory leave banks of hours, or a combination
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of any of these banks under such terms as may be mutually agreed
to between the Employer, employee, and the Union.
24.03 - Supervisory Intimidation
An Employer representative shall not use the knowledge of an event
giving rise to the imposition of discipline to intimidate, harass or coerce
an employee.
In those instances where an employee believes this Section has been
violated, he/she may file a grievance, including an anonymous grievance
filed by and processed by the Union in which the employee’s name shall
not be disclosed to the Employer representative allegedly violating this
Section, unless the Employer determines that the Employer
representative is to be disciplined.
The Employer reserves the right to reassign or discipline Employer
representatives who violate this Section.
Knowingly making a false statement alleging patient abuse when the
statement is made with the purpose of incriminating another will subject
the person making such an allegation to possible disciplinary action.
24.04 - Investigatory Interview
An employee shall be entitled to the presence of a Union steward at
an investigatory interview upon request and if he/she has reasonable
grounds to believe that the interview may be used to support disciplinary
action against him/her.
When employees have a right to and have requested a steward,
stewards shall have the right to be informed of the purpose of the
interview and to receive a copy of any documents the Employer gives to
an employee to keep, during an investigatory meeting. Employees who
are interviewed or testify during an investigation have no right to a
private attorney, Ohio Revised Code 9.84, notwithstanding.
24.05 - Pre-Discipline
An employee has the right to a meeting prior to the imposition of a
suspension, a fine, leave, reduction, working suspension or termination.
The employee may waive this meeting, which shall be scheduled no
earlier than three (3) days following the notification to the employee. An
employee who is charged, or his/her representative, may make a written
request for one (1) continuance of up to forty-eight (48) hours. Such
continuance shall not be unreasonably denied. A continuance may be
longer than forty-eight (48) hours if mutually agreed to by the parties but
in no case longer than sixty (60) days. In the event an employee refuses
or fails to attend a pre-disciplinary meeting, the steward and/or
representative shall represent in the matter at hand. Where the affected
employee is on disability, or applying for disability, and is unable or
unwilling to attend the meeting, he/she shall be offered the right to
participate by telephone. The call shall be initiated via speakerphone in
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the presence of the steward and Employer representative or designee.
Failure of the employee to respond to the offer or phone call shall result
in the meeting proceeding without his/her presence. Any action resulting
from said meeting shall not be challengeable on the basis of the
employee’s absence or lack of participation. Prior to the meeting, the
employee and his/her representative shall be informed in writing of the
reasons for the contemplated discipline and the possible form of
discipline. When the pre-disciplinary notice is sent, the Employer will
provide a list of witnesses to the event or act known of at that time and
documents known of at that time used to support the possible disciplinary
action. If the Employer becomes aware of additional witnesses or
documents that will be relied upon in imposing discipline, they shall also
be provided to the Union and the employee prior to the meeting. In the
event the Employer provides documents on the date of the meeting, the
Union may request a continuance not to exceed three (3) days. Such
request shall not be unreasonably denied. The Employer representative
or designee recommending discipline shall be present at the meeting
unless inappropriate or if he/she is legitimately unable to attend. The
Appointing Authority’s designee shall conduct the meeting. The Union
and/or the employee shall be given the opportunity to ask questions,
comment, refute or rebut.
At the discretion of the Employer, in cases where a criminal
investigation may occur, the pre-disciplinary meeting may be delayed
until after disposition of the criminal charges.
24.06 - Imposition of Discipline
The Agency Head or designated Deputy Director or equivalent shall
make a final decision on the recommended disciplinary action as soon as
reasonably possible after the conclusion of the pre-discipline meeting.
The decision on the recommended disciplinary action shall be delivered
to the employee, if available, and the Union in writing within sixty (60)
days of the date of the pre-discipline meeting, which date shall be
mandatory. It is the intent to deliver the decision to both the employee
and the Union within the sixty (60) day timeframe; however, the showing
of delivery to either the employee or the Union shall satisfy the
Employer’s procedural obligation. At the discretion of the Employer, the
sixty (60) day requirement will not apply in cases where a criminal
investigation may occur and the Employer decides not to make a decision
on the discipline until after disposition of the criminal charges.
The employee and/or Union representative may submit a written
presentation to the Agency Head or Acting Agency Head.
If a final decision is made to impose any discipline, including oral
and written reprimands, the employee, if available, and Union shall be
notified in writing. The OCSEA Chapter President shall notify the
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Agency Head in writing of the name and address of the Union
representative to receive such notice. Once the employee has received
written notification of the final decision to impose discipline, the
disciplinary action shall not be increased.
Disciplinary measures imposed shall be reasonable and
commensurate with the offense and shall not be used solely for
punishment.
The Employer will not impose discipline in the presence of other
employees, clients, residents, inmates or the public except in
extraordinary situations which pose a serious, immediate threat to the
safety, health or well-being of others.
An employee may be placed on administrative leave, without loss
of pay (except in cases that fall within ORC Section 124.388(B)), or
reassigned while an investigation is being conducted except that in cases
of alleged abuse of patients or others in the care or custody of the State
of Ohio, the employee may be reassigned only if he/she agrees to the
reassignment or if the reassignment is to a position on the same shift and
days off, without loss of pay and does not exceed thirty (30) days. For
cases that fall within ORC Section 124.388(B) as referenced above, any
payment due the employee under subsection (B) shall be based upon the
employee’s total rate plus any applicable roll call pay. For purposes of
this paragraph, “without loss of pay” shall mean the employee’s total rate
plus any applicable roll call pay.
24.07 - Prior Disciplinary Actions
All records relating to oral and/or written reprimands issued before
July 1, 2015 will cease to have any force and effect and will be removed
from an employee’s personnel file twelve (12) months after the date of
the oral and/or written reprimand if there has been no other discipline
imposed during the past twelve (12) months. All records relating to
written reprimands issued on or after July 1, 2015 will cease to have any
force and effect and will be removed from an employee’s personnel file
twenty-four (24) months after the date of the written reprimand if there
has been no other discipline imposed during the past twenty-four (24)
months.
Records of other disciplinary action issued before July 1, 2015 will
be removed from an employee’s file under the same conditions as
oral/written reprimands after twenty-four (24) months if there has been
no other discipline imposed during the past twenty-four (24) months.
Records of other disciplinary action issued on or after July 1, 2015 will
be removed from an employee’s file under the same conditions as written
reprimands after thirty-six (36) months if there has been no other
discipline imposed during the past thirty-six (36) months.
The retention period may be extended by a period equal to employee
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leaves of fourteen (14) consecutive days or longer, except for approved
periods of vacation leave. Employees who are terminated and
subsequently returned to work without any discipline through arbitration,
shall have the termination entry on their Employee History on Computer
(EHOC) stricken.
24.08 - Polygraph Stress Tests
No employee shall be required to take a polygraph, voice stress or
psychological stress examination as a condition of retaining
employment, nor shall an employee be subject to discipline for the
refusal to take such a test.
24.09 - Drug Testing
The Employer may randomly test, for drugs and alcohol, employees
who have direct contact with inmates, parolees or youths, in the
Department of Rehabilitation and Correction, Department of Youth
Services and for all employees in classifications listed in Appendix M.
Unless mandated by federal law or regulation, there will be no
random drug testing of employees covered by this Agreement, except as
otherwise specified in this Agreement. A listing of PNs and the names
of employees shall be provided to the Union one (1) month after this
Agreement is effective. Thereafter, the list shall be provided to the Union
representative designated by the President, two (2) times each year. Any
drug or alcohol testing shall be conducted pursuant to Appendix M.
The parties recognize that employees in classifications newly added
to Appendix M deserve education/orientation on the procedures
contained therein. Therefore, for a period of no greater than ninety (90)
days following the implementation of this Agreement, no random testing
shall occur for the employees newly added to Appendix M. This period
shall allow the Employer time to create and implement an educational
process on the issues.
24.10 – Ohio Employee Assistance Program (EAP)
In cases where disciplinary action is contemplated and the affected
employee elects to participate in the Ohio EAP, the disciplinary action
may be delayed until completion of the program. Upon notification by
the Ohio EAP case monitor of successful completion of the program
under the provisions of the Ohio EAP Participation Agreement, the
Employer will meet and give serious consideration to modifying the
contemplated disciplinary action. Participation in the Ohio EAP program
by an employee may be considered in mitigating disciplinary action only
if such participation commenced within five (5) days of a pre-
disciplinary meeting or prior to the imposition of discipline, whichever
is later. Separate disciplinary action may be instituted for offenses
committed after the commencement of the Ohio EAP program.
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ARTICLE 25 – GRIEVANCE PROCEDURE
25.01 - Process
A. A grievance is defined as any difference, complaint or dispute
between the Employer and the Union or any employee regarding the
application, meaning or interpretation of this Agreement. The
grievance procedure shall be the exclusive method of resolving
grievances. No employee who has rights to final and binding
arbitration of grievances, including disciplinary actions, may file
any appeal with the State Personnel Board of Review (SPBR) nor
may such Board receive any such appeal.
B. Grievances may be processed by the Union on behalf of a grievant
or on behalf of a group of grievants or itself setting forth the name(s)
or group(s) of the grievant(s). The Union shall define the members
of a group grievance by the Step Two (Agency Step) grievance
meeting, unless the Union provides evidence that specific and
relevant information has been denied which prevents them from
defining the group. Either party may have the grievant (or one
grievant representing the group grievants) present at any step of the
grievance procedure and the grievant is entitled to Union
representation at every step of the grievance procedure.
C. Probationary employees shall have access to this grievance
procedure except those who are in their initial probationary period
shall not be able to grieve disciplinary actions or removals.
D. The word "day" as used in this Article means calendar day and days
shall be counted by excluding the first and including the last day.
When the last day falls on a Saturday, Sunday or holiday, the last
day shall be the next day which is not a Saturday, Sunday or holiday.
E. All grievances, including discharge grievances, shall be filed using
the electronic grievance system (OHGrievance). Bargaining unit
employees and OCSEA representatives shall have access to the
electronic grievance system from their agency website (intra-net),
OCSEA website, and/or the Office of Collective Bargaining (OCB)
website. The electronic grievance system may be accessed from a
home or a work computer or a computer in a designated union office.
State of Ohio agencies shall ensure access to the internet in the
workplace is sufficient for use of the electronic grievance system
and the OCSEA Chapter e-mail (@ocsea.org) to facilitate the
processing of grievances. If, at any time, the electronic grievance
system is unavailable for twenty-four (24) hours or more or a
system/programming error occurs which impacts filing or appealing
a grievance, the grievance timelines in this Article shall be
automatically extended for seventy-two (72) hours.
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F. It is the goal of the parties to resolve grievances at the earliest
possible time and the lowest level of the grievance procedure.
Where available, speakerphone and/or teleconferencing may be
utilized for the purpose of conducting grievance meetings. The
parties agree to pilot the use of virtual ADR hearings (e.g. grievance
mediation and Non-Traditional Arbitration done remotely) through
a letter of agreement.
G. Reprimands shall be grievable through Step Two (Agency Step). If
a reprimand becomes a factor in the first subsequent disciplinary
grievance that goes to arbitration, the arbitrator may consider
evidence regarding the merits of the reprimand. Any grievance of
which a reprimand is an element of the claim shall not be arbitrable
in accordance with this subsection.
H. Settlement Agreements that require payment or other compensation
shall be initiated for payment within two (2) payroll periods
following the date the Settlement Agreement is fully executed. If
payment is not received within three (3) pay periods, interest at the
rate of one percent (1%) shall accrue commencing the first day after
the payment was due, and on the same date of subsequent months.
I. The receipt of a grievance in the electronic grievance system or the
automatic numbering of a grievance does not constitute a waiver of
a claim of a procedural defect.
J. The Union shall notify the Office of Collective Bargaining (OCB)
of the results of the arbitration committee, pre-arbitration review
committee and discharge review committee meetings within
fourteen (14) days of the meeting. If a grievance is withdrawn by
one (1) of the above committees, the Union shall not reinstate the
claim beyond sixty (60) days from OCB’s receipt of the results of
the meeting, unless mutually agreed otherwise.
25.02 - Grievance Steps
Layoff, Non-Selection, Discipline and Other Advance-Step
Grievances
Certain issues which by their nature cannot be settled at a
preliminary step of the grievance procedure or which would become
moot due to the length of time necessary to exhaust the grievance steps
may by mutual agreement be filed at the appropriate advance step where
the action giving rise to the grievance was initiated. A grievance
involving a layoff, non-selection or a discipline shall be initiated at Step
Two of the grievance procedure within twenty (20) days of notification
of such action.
Discharge Grievances
The Agency shall conduct a meeting and respond within fifty (50)
days of the date the grievance was filed at Step Two. If the grievance is
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not resolved at Step Two or no Management response is received within
fifty (50) days from submission or the date of the agreed upon extension,
the grievance shall be automatically eligible for appeal. Discharge
grievances shall automatically proceed to mediation unless settled,
withdrawn, or waived by one of the parties. The parties shall conduct a
mediation within sixty (60) days of the due date of the Step Two
response. Nothing in this Section precludes either party from waiving
mediation and proceeding directly to arbitration. The Union shall
propose arbitration of the discharge grievance within sixty (60) days of
the date of the mediation, but no more than one hundred eighty (180)
days from the filing of the grievance or agreed upon extension. The only
method for proposal of arbitration is submission of a “resolution event”
in the electronic grievance system (OHGrievance). When the Union
submits a resolution event, the Union must notify the Office of
Collective Bargaining by utilizing the “Notify OCB” button in the
electronic grievance system. The parties agree that there shall be no
more than one thirty (30) day continuance requested for arbitration. If a
cancellation is initiated by an arbitrator, the arbitration shall be
conducted within thirty (30) days of the date of the cancellation.
However, grievances involving criminal charges of on duty actions of
the employee, grievants who are unable to attend due to a disability, or
grievances that involve an Unfair Labor Practice charge, may exceed the
time limits prescribed herein.
Informal Discussion of Grievance
An employee having a complaint is encouraged to first attempt to
resolve it informally with his/her immediate supervisor at the time the
incident giving rise to the complaint occurs or as soon thereafter as is
convenient. At this meeting there may be a union representative present.
If the employee is not satisfied with the result of the informal meeting,
if any, the employee may pursue the formal steps of the grievance
process below.
Step One - Intermediate Administrator (Local Level)
All grievances shall be filed in the electronic grievance system not
later than twenty (20) days from the date the grievant became or
reasonably should have become aware of the occurrence giving rise to
the grievance not to exceed a total of thirty (30) days after the event. If
being on approved paid leave prevents a grievant from having
knowledge of an occurrence, then the time lines shall be extended by the
number of days the employee was on such leave except that in no case
will the extension exceed sixty (60) days after the event. The parties shall
reference the date the grievance was submitted in the electronic
grievance system to confirm timeliness.
The Employer must enter the meeting date and any agreed upon
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extensions in the system. The intermediate administrator shall: 1)
advance grievances to Step Two if there is only one designee for agency
grievance meetings or the issue cannot be addressed at Step One; or 2)
meet and submit a written answer to the grievance in the electronic
grievance system, within fifteen (15) days of submission or agreed upon
extension date. If the grievance is still unresolved, the grievance may be
appealed by the Union to the Agency Head or designee within fifteen
(15) days after receipt of the Step One response. If the grievance is not
advanced to Step Two or no Step One response is issued within fifteen
(15) days of filing the grievance and the parties have not agreed upon an
extension, the grievance shall automatically become eligible for appeal.
When an extension has been agreed to, management will submit the
response within fifteen (15) days of the extension date or the grievance
will be automatically eligible for appeal. The OCSEA Chapter
representative or designee must appeal the grievance to the Agency Head
or designee within fifteen (15) days of eligibility for appeal. Regardless
of whether a response is submitted by the agency, if no action is taken
by the Union within thirty (30) days of eligibility for appeal, the
grievance will close.
Step Two - Agency Head or Designee (Agency Level)
If the grievance is appealed to the Agency Head or designee, the
parties shall meet within fifty (50) days in an attempt to resolve the
grievance unless the parties mutually agree otherwise. Management must
enter the meeting date and any agreed upon extensions in the electronic
grievance system. By mutual agreement of the parties, Agencies may
schedule Step Two meetings on a monthly basis, by geographic areas, so
that all grievances that have been newly filed, that have been advanced
to Step Two or that have been continued since the previous month, can
be heard on a regular basis. At the Step Two meeting the grievance may
be settled or withdrawn, or a response shall be prepared and submitted
by the Agency Head or designee, within fifty (50) days of the appeal or
agreed upon extension date. The response will include a description of
the events giving rise to the grievance, and the rationale upon which the
decision is rendered. The Agency may grant, modify or deny the remedy
requested by the Union. Any grievances resolved at Step Two or at
earlier steps shall not be precedent setting at other institutions or
Agencies unless otherwise agreed to in the settlement. Reprimands are
grievable through Step Two only; no appeal beyond Step Two is
available.
If the grievance is unresolved at Step Two, the OCSEA Chapter
representative or designee must appeal the grievance to alternative
dispute resolution (ADR) within fifteen (15) days of the Step Two
response due date. If the Employer does not meet and respond to the
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grievance at Step Two within fifty (50) days of filing or the agreed upon
extension date, the grievance shall be automatically eligible for appeal.
The OCSEA Chapter representative or designee must appeal the
grievance to ADR within fifteen (15) days of eligibility for appeal.
Regardless of whether a response is submitted by the agency, the
grievance will close if no action is taken by the union within thirty (30)
days of eligibility for appeal.
Alternative Dispute Resolution (ADR)
OCB shall have sole management authority to grant, modify or deny
the grievance at ADR and arbitration.
Either OCB or the Union may advance a grievance directly from
ADR to arbitration by waiving ADR if that party believes that mediation
would not be useful in resolving the dispute. The parties must submit a
waiver in the electronic grievance system.
The parties shall mutually agree to a panel of at least five (5) persons
to serve in the capacity of grievance mediators. The procedure for
selecting this panel shall be the same as set forth in Section 25.05 for the
selection of arbitrators. No mediator/arbitrator shall hear a case at both
mediation and arbitration, unless mutually agreed upon. The fees and
expenses of the mediator shall be shared equally by the parties.
The mediator(s) may employ all the techniques commonly
associated with mediation, including private caucuses with the parties.
The taking of oaths and the examination of witnesses shall not be
permitted and no verbatim record of the proceeding shall be taken. The
purpose of the mediation is to reach a mutually agreeable resolution of
the dispute where possible and there will be no procedural constraints
regarding the review of facts and arguments. Written material presented
to the mediator will be returned to the party at the conclusion of the
mediation meeting. The comments and opinions of the mediator, and any
settlement offers put forth by either party shall not be admissible in
subsequent arbitration of the grievance nor be introduced in any future
arbitration proceedings.
If a grievance remains unresolved at the end of the mediation
meeting, the mediator will provide an oral statement regarding how
he/she would rule in the case based on the facts presented to him/her.
OCB will enter the results of the ADR meeting into the electronic
grievance system, including any closing paperwork for each grievance.
The parties will consolidate cases for ADR and, whenever possible,
schedule the ADR meetings at decentralized locations. A Union staff
representative, grievant and a steward or Chapter President as designated
by the Union may be present at the mediation of a grievance. No more
than two (2) of the Union representatives present including the grievant
may be on paid leave by the Employer. Each party may have no more
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than three (3) representatives present at the mediation of a grievance.
Arbitration
Grievances which have not been resolved under the ADR procedure
shall be considered eligible for arbitration when proposed. The parties
shall strive to schedule all grievances, other than discharge grievances,
within two hundred forty (240) days from the date of ADR or the date of
the ADR waiver. The timeframe may be waived by mutual agreement
between OCSEA and OCB.
25.03 - Arbitration Procedures
The parties agree to attempt to arrive at a joint stipulation of the facts
and issues to be submitted to the arbitrator.
The Union and/or Employer may make requests for specific
documents, books, papers or witnesses reasonably available from the
other party and relevant to the grievance under consideration. Such
requests will not be unreasonably denied. The parties will make
reasonable efforts to share witness lists and documents seven (7) days in
advance of the hearing. When arbitration is virtual, exchange of
documents and submission to the arbitrator may occur in advance based
upon mutual agreement.
The Employer or Union shall have the right to request the arbitrator
to require the presence of witnesses and/or documents. Such requests
shall be made no later than three (3) work days prior to the start of the
arbitration hearing, except under unusual circumstances where the Union
or the Employer has been unaware of the need for subpoena of such
witnesses or documents, in which case the request shall be made as soon
as practicable. Each party shall bear the expense of its own witnesses
who are not employees of the Employer.
Questions of arbitrability shall be decided by the arbitrator. Once a
determination is made that a matter is arbitrable, or if such preliminary
determination cannot be reasonably made, the arbitrator shall then
proceed to determine the merits of the dispute. Upon the Union’s
request, a grievance that is automatically closed shall be reopened to
allow arbitrability questions to be decided by the Arbitrator. The
reopening of a grievance does not constitute a waiver of a claim of a
procedural defect.
The expenses and fees of the arbitrator shall be shared equally by
the parties.
The decision and award of the arbitrator shall be final and binding
on the parties. The arbitrator shall render his/her decision in writing as
soon as possible, but no later than forty-five (45) days after (1) the
conclusion of the hearing; or (2) the date written closings are due to the
arbitrator, unless the parties agree otherwise.
Only disputes involving the interpretation, application or alleged
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violation of a provision of the Agreement shall be subject to arbitration.
The arbitrator shall have no power to add to, subtract from or modify any
of the terms of this Agreement, nor shall he/she impose on either party a
limitation or obligation not specifically required by the expressed
language of this Agreement.
If either party desires a verbatim record of the proceeding, it may
cause such a record to be made provided it pays for the record. If the
other party desires a copy, the cost shall be shared.
25.04 - Grievance Procedure Committees
A. The Union may request time off without pay for up to nine (9)
employees to attend arbitration committee meetings. Such requests
shall be made at least ten (10) calendar days in advance to the OCB
except under unusual circumstances. OCB shall not unreasonably
deny such requests.
B. The Union may request time off with pay for up to three (3)
members to attend the discharge review committee meetings. Such
requests shall be made at least ten (10) calendar days in advance to
the OCB except under unusual circumstances. OCB shall not
unreasonably deny such requests.
C. The Union may request time off without pay for one (1) member, no
more than six (6) times per year, to attend a Pre-Arbitration Review
Committee (PARC) meeting. Such requests shall be made within ten
(10) calendar days in advance to the OCB except under unusual
circumstances. OCB shall not unreasonably deny such requests.
25.05 - Arbitration/Mediation Panels
The parties agree that a panel of no less than eight (8) Arbitrators
shall be selected to hear arbitration cases covered under this Agreement,
except that all disciplinary grievances in which the discipline is the result
of alleged abuse of a patient or another in the care or custody of the State
of Ohio shall be submitted to a separate panel of four (4) Arbitrators
selected from the main arbitration panel. If the parties are unable to
mutually agree upon the selection of an Arbitrator from the panel for a
particular arbitration case, either party may request a Labor Arbitrator
list through the Federal Mediation and Conciliation Service (FMCS);
provided however, FMCS shall not be used for those cases that are
required to go to non-traditional arbitration (NTA), discipline/discharge
cases, and non-selection cases under Article 17, unless mutually agreed
otherwise. When a Labor Arbitrator through FMCS is to be used, OCB
shall contact FMCS for a list of seven (7) Labor Arbitrators who are
residents of or have a business office within Ohio from which one shall
be selected. The costs of obtaining the initial FMCS list shall be borne
by the party requesting the use of a Labor Arbitrator through FMCS. The
parties shall first attempt to mutually select an Arbitrator from the FMCS
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list. Failing to mutually agree upon an Arbitrator from this list, the
parties shall strike names alternately, with the parties’ right to strike (i.e.
the choice to strike first or second) to be determined by the flip of a coin.
Prior to beginning the striking procedure, either party shall have the
option to completely reject the list of names and request another list once
per case, provided the request is made within ten (10) days of receiving
the list. The party completely rejecting the list of names and requesting
another list will pay any additional costs associated with the production
of another list. Upon receiving a subsequent list, the parties will again
first attempt to mutually select an Arbitrator and, if failing to mutually
agree upon an Arbitrator from this list, then the parties shall strike names
alternately. If a selected Arbitrator refuses to accept an appointment after
the parties have followed this procedure, the parties will first attempt to
mutually select an Arbitrator from any of the lists received from FMCS
for the applicable case, and if a mutual selection cannot be made then
another list shall be requested from FMCS, the cost will be shared
equally by the parties, and the selection process shall continue as
described herein.
The procedure for selecting the panels shall be as follows:
1. The parties will make an attempt to mutually agree on panel
members. If mutual agreement cannot be reached on the
required number of arbitrators and mediators, then the
remaining number will be selected by the following procedure:
The parties shall request from the American Arbitration
Association a list of at least twice plus one (1) the number of
arbitrators needed. The parties shall then alternately strike
names until the proper number remains.
2. Either party may eliminate up to two (2) arbitrators or two (2)
mediators from the respective panels during each year of the
Agreement.
3. In replacing the arbitrators that were eliminated from the panel,
the procedure enumerated in (1) and (2) above shall be used.
Any arbitrator or mediator eliminated may not be placed back
on the panel. The panel shall expire upon expiration of this
Agreement, provided that any scheduled arbitration shall
proceed without regard to such expiration. It is understood that
members of an expired panel may be appointed to the successor
panel upon mutual agreement of the parties.
25.06 - Time Limits
Grievances may be settled or withdrawn at any step of the grievance
procedure. Grievances not appealed within the designated time limits
will be treated as withdrawn grievances. Grievances not appealed within
thirty (30) days of eligibility for appeal will close if no action is taken.
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The time limits at any step may be extended by mutual agreement
of the parties involved at that particular step. Such extension(s) shall be
entered into the electronic grievance system by the Labor Relations
Officer or designee.
In the absence of such extensions at any step where a grievance
response of the Employer has not been received by the grievant and the
Union representative within the specified time limits, the grievant may
appeal the grievance to the next successive step in the grievance
procedure.
25.07 - Time Off, Meeting Space and Telephone Use
The grievant(s) and/or Union steward will be permitted reasonable
time off without loss of pay during their working hours to file or appeal
grievances and to attend grievance step meetings. The steward shall be
given reasonable time off without loss of pay during his/her working
hours to investigate grievances. Witnesses whose testimony is relevant
to the Union's presentation or argument will be permitted reasonable
time off without loss of pay to attend a grievance meeting and/or respond
to the Union's investigation. The steward shall not leave his/her work to
investigate, file or process grievances without first notifying and making
mutual arrangements with his/her supervisor or designee as well as the
supervisor of any unit to be visited. Such arrangements shall not be
unreasonably denied. Any time away from job duties under this section
shall be indicated on the Agency’s form or log if required under Section
3.11 of this Agreement.
Upon request, the grievant and Union shall be allowed the use of an
available, appropriate room, scanner, and copier, where available, for the
purpose of copying/scanning the grievance trail while processing a
grievance. The Union shall be permitted the reasonable use of telephone
facilities for investigating or processing grievances. Any telephone tolls
shall be paid by the Union.
Where there is no computer and internet available for the local union
to use during any grievance hearings, the local union may use their own
computer/tablet and WI-FI access device for the purpose of accessing
virtual grievance meetings, in accordance with the LOA referenced in
Section 25.01 (F), the electronic grievance system, and Chapter e-mail.
The computer/tablet and WI-FI access device used by the union must be
password protected. The local union will be responsible for obtaining
and maintaining the necessary password protection for the
computer/tablet and WI-FI access device.
25.08 - Other Grievance Resolution Methods
The parties agree that during the term of this Agreement each party
will review the grievance history including but not limited to grievances
arising from suspensions, for the purpose of developing Agency Specific
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Agreements that will be designed to expedite the final resolution of
grievances. Such Agreements will consider effective use of existing staff
resources.
25.09 - Relevant Witnesses and Information
The Union may request specific documents, books, papers, or
witnesses reasonably available from the Employer and relevant to the
grievance under consideration. Such request shall not be unreasonably
denied. Proficiency tests or other assessments shall only be released
pursuant to Article 17, Section 17.06.
This Section applies to all steps of the grievance procedure: The
Employer shall provide copies of documents, books and papers relevant
to the grievance without charge to the Union, unless the request requires
more than ninety (90) minutes of employee time to produce and/or copy,
at which time the Union will be charged ten cents ($.10) per page.
25.10 - Expedited Arbitration Procedure
In the interest of achieving a more efficient handling of disciplinary
grievances, the parties may agree to an expedited arbitration procedure.
This procedure is intended to replace the procedure in Section 25.02,
Arbitration, for the resolution of grievances. The procedure will operate
in the following manner:
A. A special list of arbitrators will be chosen by the parties to hear all
expedited arbitrations during the term of this Agreement.
B. The arbitrator will normally hear at least four (4) grievances at each
session unless mutually agreed otherwise. The grievances will be
grouped by institution and/or geographic area and heard in that area.
The parties will endeavor to develop and maintain a regular schedule
for the handling of expedited arbitrations at each department or
Agency.
C. Grievance presentation will be limited to a preliminary introduction,
a short reiteration of facts and a brief oral argument. No briefs or
transcripts shall be made. If witnesses are used to present facts, there
will be no more than three (3) per side including the grievant. In
cases where there is an issue of procedural arbitrability, each party
will be permitted two (2) additional witnesses.
D. The arbitrator will either give a bench decision or issue a written
decision within five (5) calendar days. The arbitrator can either
uphold or deny the grievance or modify the relief sought. All
decisions will be final and binding. Decisions issued pursuant to this
procedure shall have precedence for progressivity purposes only or
unless mutually agreed otherwise by the parties.
E. The cost of the arbitrator and the expenses of the hearing will be
shared equally by the parties.
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25.11 - Non-Traditional Arbitration
The parties agree to utilize a variety of non-traditional arbitration
mechanisms. Such mechanisms may include but not be limited to,
presentation of argument based on factual stipulations, presentation of
argument without factual stipulations, and presentation of more than one
case on a given day with written bench decisions being rendered by the
arbitrator. The arbitrator shall issue a written decision along with an oral
and/or written supporting rationale to the parties within forty-eight (48)
hours. Decisions issued pursuant to this procedure shall have precedence
for progressivity purposes only or unless mutually agreed otherwise by
the parties.
Except for patient/client related cases, the grievances presented to
the arbitrator under this Section will consist of disciplinary actions of
five (5) days or less and non-selection grievances where the sole issue is
whether an employee met the minimum qualifications for the position,
unless mutually agreed otherwise. In disciplinary grievances for
suspensions less than three (3) days adjudicated in this forum, the
Employer and the Union are limited to one (1) witness each, unless
mutually agreed otherwise. The grievant, chapter representative and staff
representative are all parties to the proceeding; however, testimony will
be limited to either the grievant or the Union witness. The arbitrator may
ask questions of the witness and/or the grievant. In non-selection
grievances and disciplinary grievances for suspensions of three (3) days
or more adjudicated in this forum, the Employer and the Union are
limited to two (2) witnesses each. Disciplinary grievances adjudicated
in this forum shall not be mediated. Non-selection grievances where the
sole issue is whether an employee met the minimum qualifications for
the position shall be mediated prior to being heard at non-traditional
arbitration.
The Union and OCB may jointly decide to take issue grievances to
non-traditional arbitration.
25.12 - Attendance
In the event an employee refuses or fails to attend a mediation, an
expedited arbitration, a non-traditional arbitration or an arbitration, the
Union must, except in extraordinary circumstances, proceed with the
hearing or have the right to withdraw the grievance.
25.13 - Electronic Grievance System
The parties will continue discussion to examine, improve, and
implement electronic signatures for purposes of resolving and closing
grievances. Prior to implementation, the Union will be notified and
given an opportunity to discuss changes to the electronic grievance
system that do not specifically conflict with a provision set forth in the
Agreement.
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The Union will be allowed a reasonable amount of time to train
stewards on the electronic grievance system during work hours. Request
for such time shall not be unreasonably denied.
25.14 - Miscellaneous
The parties may, by mutual agreement, alter any procedure or
provision outlined herein so long as the mutual agreement does not differ
from the spirit of this Article.
ARTICLE 26 – HOLIDAYS
26.01 - Observance
The following holidays will be observed:
New Year’s Day - First day in January
Martin Luther King, Jr.’s Birthday - Third Monday in January
Presidents’ Day - Third Monday in February
Memorial Day - Last Monday in May
Juneteenth Day – Nineteenth day of June
Independence Day - Fourth day of July
Labor Day - First Monday in September
Columbus Day - Second Monday in October
Veterans Day - Eleventh day of November
Thanksgiving Day - Fourth Thursday in November
Christmas Day - Twenty-fifth day of December
Any other day proclaimed as a holiday by the Governor of the State
of Ohio or the President of the United States. A holiday shall start at
12:01 a.m. or with the work shift that includes 12:01 a.m. Upon request,
an employee may observe a religious holiday provided that the time off
is charged to vacation, compensatory time, personal leave or leave
without pay.
When a holiday falls on a Sunday, the holiday is observed on the
following Monday. When a holiday falls on a Saturday, the holiday is
observed on the preceding Friday. In facilities that operate on Saturday
and/or Sunday, or where Work Area Agreements exist, and when the
employees’ work week is other than Monday through Friday, the holiday
will be observed on the day on which it falls.
Employees scheduled to work more than eight (8) hours in a day,
may be required to change their schedule to include five (5) eight (8)
hour shifts during the week including the holiday, any such schedule
changes will be in accordance with Section 13.02. In such case, the
employee will receive eight (8) hours of holiday pay for the day the
holiday is observed. If an employee is on an alternative schedule and, as
defined in Section 13.13 of the Agreement, whose day off falls on the
recognized holiday may have the next scheduled day designated as the
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holiday for purposes of this Article.
26.02 - Holiday Pay
Employees shall receive holiday pay for the number of hours they
would normally be scheduled to work the day the holiday is observed.
An employee whose scheduled work day off falls on a holiday will
receive eight (8) hours holiday pay for that day.
Part-time employees shall receive four (4) hours of pay for each
holiday.
26.03 - Work on Holidays
Employees required to work on a holiday will be compensated at
their discretion either at the rate of one and one-half (1 1/2) times their
regular rate of pay, or granted compensatory time at the rate of one and
one-half (1 1/2) times, plus straight time pay for the holiday. The choice
of compensatory time or wages will be made by the employee.
Holiday work beyond regularly scheduled work shall be distributed
among employees by the provisions covered in Article 13. No
employee’s posted regular schedule or days off shall be changed to avoid
holiday premium pay. Once posted, the employee’s schedule shall not be
changed, except that an employee who is scheduled to work on the
holiday may be directed not to report to work on the holiday. The Agency
reserves the right to determine the number of employees needed to work
the holiday.
26.04 - Eligibility for Holiday Pay
An employee on vacation or scheduled sick leave during a holiday
will not be charged vacation or sick leave for the holiday.
The following provision shall only apply to the following holidays:
New Year’s Day, Memorial Day, Independence Day, Thanksgiving Day,
and Christmas Day. Employees in classifications identified by the
Employer as normally requiring overtime to cover an absence and who
are scheduled to work and call off sick the scheduled day before, the day
of, or the scheduled day after a holiday shall forfeit their right to holiday
pay for that day, unless there is documented, extenuating circumstances
which prohibit the employee from reporting for duty. If the employee
works a shift between his/her scheduled shift before or after the holiday,
the employee does not forfeit his/her holiday pay.
ARTICLE 27 – PERSONAL LEAVE
27.01 - Eligibility for Personal Leave
Each employee shall be eligible for personal leave at his/her regular
rate of pay.
27.02 - Personal Leave Accrual
Employees shall be entitled to four (4) personal leave days each
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year. Eight (8) hours of personal leave shall be credited to each
employee in the first earnings statement which the employee receives
after the first day of January, April, July and October of each year. Full-
time employees who are hired after the start of a calendar quarter shall
be credited with personal leave on a prorated basis. Part-time employees
shall accrue personal leave on a prorated basis. Proration shall be based
upon a formula of .015 hours per hour of non-overtime work.
Employees that are on approved paid leave of absence, Union leave
or receiving Workers’ Compensation benefits shall be credited with
those personal leave hours which they normally would have accrued
upon their approved return to work.
27.03 - Charge of Personal Leave
For each instance of personal leave use, personal leave shall be
charged in an initial minimum unit of two (2) hours; personal leave used
after the initial two (2) hour minimum unit shall be charged in units of
one tenth (1/10) hour.
27.04 - Notification and Approval of Use of Personal Leave
Personal leave shall be granted if an employee makes the request
with a forty-eight (48) hour notice. In an emergency the request shall be
made as soon as possible and the supervisor will respond promptly. The
leave shall not be unreasonably denied. In the following Institutional
Agencies: Ohio Department of Mental Health and Addiction Services,
Department of Developmental Disabilities, Department of Youth
Services, and Department of Veterans Services personal leave use on the
day before or after Thanksgiving Day, Christmas Day, New Year’s Day,
Memorial Day, and Independence Day shall be requested at least seven
(7) calendar days in advance.
When any bargaining unit, not covered by this Agreement, has filed
a Notice of Intent to Strike or engages in a wildcat strike, the Employer
reserves the right to cancel or deny all personal leave requests. Personal
leave shall not be taken on a holiday.
27.05 - Prohibitions
Personal leave may not be used to extend an employee’s date of
resignation or date of retirement.
27.06 - Conversion or Carry Forward of Personal Leave Credit at
Year’s End
Personal leave not used may be carried forward or paid at the
employee’s option. Payment to be made in the first pay received in
December. Maximum accrual of personal leave shall be forty (40) hours.
27.07 - Conversion of Personal Leave Credit Upon Separation from
Service
An employee who is separated from State service shall be entitled
to convert the unused earned amount of personal leave. This payoff shall
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be at the employee’s regular rate of pay. Upon the death of a permanent
employee, unused earned personal leave shall be converted to cash and
credited to his/her estate.
27.08 - Transfer of Personal Leave Credit
An employee who transfers from one bargaining unit to another
shall be credited with the unused balance of his/her personal leave credit
up to the maximum personal leave accumulation permitted in the
bargaining unit to which the employee transfers.
27.09 - Leave Availability
Newly accrued personal leave is not available for use until it appears
on the employee’s earnings statement and on the date the funds are made
available.
ARTICLE 28 – VACATIONS
28.01 - Rate of Accrual
Permanent employees shall be granted vacation leave with pay at
regular rate as follows, except that those employees who have less than
eighty (80) hours in an active pay status in a pay period shall be credited
with a prorated amount of leave according to the following schedule:
Length of State Service
Accrual Rate
Hours Earned Per 80 Hours in Active
Pay Status Per Pay Period
Less than 4 years
3.1 hours
4 years or more
4.6 hours
9 years or more
6.2 hours
14 years or more
6.9 hours
19 years or more
7.7 hours
24 years or more
9.2 hours
Employees who provide valid documentation to their Agency’s
Human Resources department shall receive credit for prior service with
the State, the Ohio National Guard, or any political subdivision of the
State for purposes of computing vacation leave in accordance with ORC
9.44. This new rate shall take effect starting the pay period immediately
following the pay period that includes the date that the Department of
Administrative Services processes and approves their request. Time
spent concurrently with the Ohio National Guard and a State Agency or
political subdivision shall not count double.
An employee who has retired in accordance with the provisions of
any retirement plan offered by the State and who is employed by the
State or any political subdivision of the State on or after June 24, 1987,
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shall not have his/her prior service with the State or any political
subdivision of the State counted for the purpose of computing vacation
leave.
The accrual rate for any employee who is currently receiving a
higher rate of vacation accrual will not be retroactively adjusted. All
previously accrued vacation will remain to the employee’s credit.
28.02 - Maximum Accrual
Vacation credit may be accumulated to a maximum that can be
earned in three (3) years. Further accumulation will not continue when
the maximum is reached. When an employee’s vacation reaches the
maximum level, and if the employee has been denied vacation during the
past twelve (12) months, the employee will be paid for the time denied
but no more than eighty (80) hours in a pay period.
Annual Rate of Vacation
Maximum Accumulation
80 hours
240 hours
120 hours
360 hours
160 hours
480 hours
180 hours
540 hours
200 hours
600 hours
240 hours
720 hours
28.03 - Procedure
Vacation leave shall be taken only at times mutually agreed to by
the Agency and the employee and shall be used and charged in units of
one tenth (1/10) hour. The Agency may establish minimum staffing
levels for a facility which could restrict the number of concurrent
vacation leave requests which may be granted.
Employees who work in seven (7) day operations shall be given the
opportunity to request vacations by a specified date each year.
Employees shall be notified of this opportunity one (1) month in advance
of the date. If more employees request vacation at a particular time than
can be released, requests will be granted in seniority order. Employees
in seven (7) day operations can also request vacations at other times of
the year. If more employees request vacation than can be released,
requests will be granted on a first come/first serve basis with seniority
governing if requests are made simultaneously.
Emergency vacation requests for periods of three (3) days or less
may be made by employees in seven (7) day operations as soon as they
are aware of the emergency. An employee shall provide the Employer
with verification of the emergency upon return to work.
Employees in other than seven (7) day operations shall request
vacation according to Agency policy (work rules) unless the Employer
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and the Union mutually agree otherwise. In those operations, the
Employer shall not deny a vacation request unless the vacation would
work a hardship on other employees or the Agency. The Employer shall
promptly notify employees of the disposition of their vacation requests.
Unless the Employer agrees otherwise, an employee’s vacation will not
exceed one (1) year’s accrual.
When an emergency exists as defined in Section 13.15, all vacation
leave requests may be denied, including those requests already approved.
If an employee is called to work from a scheduled vacation leave period,
the employee will have the right to take the vacation leave at a later time
and will be paid at time and one-half (1/2) for the time the employee is
in on-duty status. The employee shall also be reimbursed for any costs
incurred as a result of canceling or returning from his/her vacation upon
submission of appropriate evidence.
28.04 - Payment upon Separation
An employee or an employee’s estate will be paid for accrued
vacation upon termination of State service at the time that the employee
receives his/her pay check for the final period of work. Employees
separating from employment with less than twelve (12) months total
service will not be paid for any accrued vacation.
28.05 - Disposition of Work During Vacation
Insofar as practicable, during an employee’s vacation the Employer
shall assign non-individual work to other employees. Upon return from
vacation, an employee shall be allowed reasonable time to review work
done in his/her absence.
28.06 - Leave Availability
Newly accrued vacation leave is not available for use until it appears
on the employee’s earnings statement and on the date the funds are made
available.
28.07 - Annual Vacation Leave Conversion
Employees will be offered the opportunity to convert to cash a
maximum of forty (40) hours of unused accrued vacation leave. Payment
will be made in the first paycheck in December of each year at a rate of
one hundred percent (100%) of the employee’s regular rate of pay;
provided however, an employee is not eligible to convert unused accrued
vacation leave to cash if the employee does not have at least two hundred
(200) hours of vacation leave on the last day of the first pay period of
November in each year the employee chooses to make such a conversion.
ARTICLE 29 – SICK LEAVE
29.01 - Definitions: Sick Leave for State Employees
A. “Active pay status” means the conditions under which an employee
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is eligible to receive pay, and includes, but is not limited to, vacation
leave, sick leave, and personal leave.
B. “No pay status” means the conditions under which an employee is
ineligible to receive pay and includes, but is not limited to, leave
without pay, leave of absence, and disability leave.
C. “Full-time employee” means an employee whose regular hours of
duty total eighty (80) in a pay period in a State Agency, and whose
appointment is not for a limited period of time.
29.02 - Sick Leave Accrual
All employees shall accrue sick leave at the rate of 3.1 hours for
each eighty (80) hours in active pay status, excluding overtime hours,
not to exceed eighty (80) hours in one year.
Less than full-time employees shall receive 3.1 hours of sick leave
for each eighty (80) hours of completed service, not to exceed eighty (80)
hours in one year.
Employees that are on approved leave of absence or receiving
Workers’ Compensation benefits shall be credited with those sick leave
hours which they normally would have accrued upon their approved
return to work.
Sick leave shall be granted to employees who are unable to work
because of illness or injury of the employee or a member of his/her
immediate family living in the employee’s household or because of
medical appointments or other ongoing treatment. The definition of
“immediate family” for purposes of this Article shall be: spouse,
significant other (“significant other” as used in this Agreement, is
defined to mean one who stands in place of a spouse, and who resides
with the employee), child, step-child, grandchild, parents, stepparents,
mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparents,
great grandparents, brother, sister, step-siblings, brother-in-law, sister-
in-law or legal guardian or other person who stands in the place of a
parent. Sick leave may be granted to care for an employee’s
child/parent(s) regardless of whether or not the child/parent(s) is
currently living in the same household, but in cases in which both parents
are employed by the State, only one parent may be granted sick leave to
care for a child at home on the same day.
A period of up to ten (10) working days of sick leave will be allowed
for parenting during the postnatal period or following an adoption.
The amount of sick leave charged against an employee’s accrual
shall be the amount used, charged in units of one-tenth (1/10) hour.
Employees shall be paid for sick leave at the rates specified below with
the effective date of this Agreement. A new usage period will begin with
the pay check that includes December 1st. A new usage period will begin
each year of the Agreement.
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Hours Used
Percent of Regular Rate
1-40 sick leave
100%
40.1 plus sick leave*
70%
* Any sick leave utilized in excess of eighty (80) hours
in any usage period shall be paid at one hundred
percent (100%).
Any sick leave used during the 40.1 to 80 hours will be paid at one
hundred percent (100%) when the sick leave usage is for the employee,
employee’s spouse or child residing with the employee for: 1) time spent
hospitalized overnight or for those hours of sick leave used before or
after the hospital stay that are contiguous to the hospital stay; or 2) time
spent in outpatient surgery or for those hours of sick leave used before
or after the outpatient surgery that are contiguous to outpatient surgery.
Sick leave requested at least thirty (30) calendar days in advance for
prescheduled medical appointments for the employee, employee’s
spouse or child residing with the employee may be supplemented at the
employee’s request to one hundred percent (100%) of pay with available
sick leave balances provided that a doctor’s statement is submitted on
the first day the employee returns to work following the absence. The
employee must indicate the desire to supplement sick leave balances on
the leave request. In the event this paragraph is found to violate the
FMLA or any other State or Federal law or regulation or the
implementation of such will adversely affect the provisions of this
Article, the parties agree that this paragraph will be null and void.
Employees may elect to utilize sick leave to supplement an approved
Disability Leave, Workers’ Compensation Claim or Childbirth Adoption
Leave pursuant to Articles 35, 34.03 and 30.08 (C). Sick leave used for
these supplements shall be paid at a rate of one hundred percent (100%)
notwithstanding the schedule previously specified. After employees
have used all of their accrued sick leave, they may, at the Employer’s
discretion, use accrued vacation, compensatory time or personal days or
may be granted leave without pay.
29.03 - Notification
When an employee is sick and unable to report for work, he/she will
notify his/her immediate supervisor or designee no later than one-half
(1/2) hour after starting time, unless circumstances preclude this
notification. The Employer may request a statement, from a physician
who has examined the employee or the member of the employee’s
immediate family, be submitted within a reasonable period of time. Such
physician’s statement must be signed by the physician or his/her
designee. In institutional Agencies or in Agencies where staffing
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requires advance notice, the call must be made at least ninety (90)
minutes prior to the start of the shift or in accordance with current
practice, whichever period is less. Failure to notify the Employer in
accordance with the provisions of this paragraph shall result in the
employee forfeiting any rights to pay for the time period which elapsed
prior to notification unless unusual extenuating circumstances existed to
prevent such notification.
If sick leave continues past the first day, the employee will notify
his/her supervisor or designee of the anticipated duration of the absence.
The employee is responsible for establishing a report-in schedule that is
acceptable to the supervisor for the anticipated duration of the absence.
If an acceptable schedule is not established the employee will notify
his/her supervisor every day pursuant to Agency reporting procedures.
29.04 - Sick Leave Policy
It is the policy of the State of Ohio to not unreasonably deny sick
leave to employees when requested. It is also the policy of the State to
take corrective action for unauthorized use of sick leave and/or abuse of
sick leave. It is further the policy of the State that when corrective and/or
disciplinary action is taken, it will be applied progressively and
consistently. It is the desire of the State of Ohio that when discipline is
applied it will serve the purpose of correcting the performance of the
employee.
Sick Leave Policy
I. Purpose
The purpose of this policy is to establish a consistent method of
authorizing employee sick leave, defining inappropriate use of sick leave
and outlining the discipline and corrective action for inappropriate use.
The policy provides for the equitable treatment of employees without
being arbitrary and capricious, while allowing Management the ability
to exercise its administrative discretion fairly and consistently.
II. Definition
A. Sick Leave:
Absence granted per negotiated contract for medical reasons.
B. Unauthorized use of sick leave:
1. Failure to notify supervisor of medical absence;
2. Failure to complete standard sick leave form;
3. Failure to provide physician’s verification when required;
4. Fraudulent physician verification.
C. Misuse of sick leave:
Use of sick leave for that which it was not intended or provided.
D. Pattern abuse:
Consistent periods of sick leave usage, for example:
1. Before, and/or after holidays;
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2. Before, and/or after weekends or regular days off;
3. After pay days;
4. Any one (1) specific day;
5. Absence following overtime worked;
6. Half (1/2) days;
7. Continued pattern of maintaining zero (0) or near zero (0)
leave balances;
8. Excessive absenteeism.
III. Procedure
A. Physician’s verification
At the Agency Head or designee’s discretion, in
consultation with the Labor Relations Officer, the employee
may be required to provide a statement, from a physician, who
has examined the employee or the member of the employee’s
immediate family, for all future illness. The physician’s
statement shall be signed by the physician or his/her designee.
This requirement shall be in effect until such time as the
employee has accrued a reasonable sick leave balance.
However, if the Agency Head or designee finds mitigating or
extenuating circumstances surrounding the employee’s use of
sick leave, then the physician’s verification need not be
required.
Should the Agency Head or designee find it necessary to
require the employee to provide the physician’s verification for
future illnesses, the order will be made in writing using the
“Physician’s Verification” form with a copy to the employee’s
personnel file.
Those employees who have been required to provide a
physician’s verification will be considered for approval only if
the physician’s verification is provided within three (3) days
after returning to work.
B. Unauthorized use or abuse of sick leave
When unauthorized use, or abuse of sick leave is
substantiated, the Agency Head or designee will effect
corrective and progressive discipline, keeping in mind any
extenuating or mitigating circumstances.
When progressive discipline reaches the first suspension,
under this policy, a corrective counseling session will be
conducted with the employee. The Agency Head or designee
and Labor Relations Officer will jointly explain the serious
consequences of continued unauthorized use or abuse of sick
leave. The Agency Head or designee shall be available and
receptive to a request for an Employee Assistance Program
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(EAP) in accordance with Article 9. If the above does not
produce the desired positive change in performance, the
Agency Head or designee will proceed with progressive
discipline up to and including termination.
C. Pattern abuse
If an employee abuses sick leave in a pattern, per examples
noted in the Section under definitions (not limited to those
listed), the Agency Head or designee may reasonably suspect
pattern abuse. If it is suspected, the Agency Head or designee
will notify the employee in writing that pattern abuse is
suspected. The Agency Head or designee will use the “Pattern
Abuse” form for notification. The notice will also invite the
employee to explain, rebut, or refute the pattern abuse claim.
Use of sick leave for valid reasons shall not be considered for
pattern abuse.
29.05 - Carry-Over and Conversion
Employees will be offered the opportunity to convert to cash any
part of their sick leave accrued and not used for the proceeding twelve
(12) month period. Payment will be made in the first paycheck in
December each year at the following rates.
Number of Hours Subject to
Cash Conversion
Percent of Regular Rate
80
80%
72 to 79.9
75%
64 to 71.9
70%
56 to 63.9
65%
48 to 55.9
60%
47.9 and less
55%
An employee not exercising a choice will automatically have the
hours carried forward. An employee who has a minimum of five (5)
years of State service with the State of Ohio who terminates State service
or retires, shall convert to cash any sick leave accrued at the employee’s
regular rate of pay earned at the time of separation within three (3) years
of separation at the rate of fifty-five percent (55%) for retirement
separation and fifty percent (50%) for all other separations. If an
employee dies, the converted sick leave shall be credited to his/her estate.
An employee who is granted military leave or leave without pay may be
paid for accrued sick leave or may keep it in reserve for use upon return
at his/her discretion. An employee who is re-employed, reinstated or
recalled from lay off and who received a lump sum payment for unused
sick leave may have such days restored by returning the amount paid by
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the Employer for the number of days to be restored.
Employees hired after July 1, 1986, who have previous service with
political subdivisions of the State may use sick leave accrued with such
prior Employers but shall not be permitted to convert such sick leave to
cash.
An employee who transfers from one bargaining unit to another
shall be credited with the unused balance of his/her sick leave balance
up to the maximum sick leave accumulation permitted in the bargaining
unit to which the employee transfers.
29.06 - Leave Donation Program
Employees may donate paid leave to a fellow employee who is
otherwise eligible to accrue and use sick leave and is employed by the
same Agency. The intent of the leave donation program is to allow
employees to voluntarily provide assistance to their co-workers who are
in critical need of leave due to the serious illness or injury of the
employee or a member of the employee’s immediate family. The
definition of immediate family as provided in rule 123:1-47-01 of the
Administrative Code shall apply for the leave donation program.
A. An employee may receive donated leave, up to the number of hours
the employee is scheduled to work each pay period, if the employee
who is to receive donated leave:
1. Or a member of the employee’s immediate family has a serious
illness or injury;
2. Has no accrued leave or has not been approved to receive other
State-paid benefits; and
3. Has applied for any paid leave, Workers’ Compensation, or
benefits program for which the employee is eligible. Employees
who have applied for these programs may use donated leave to
satisfy the waiting period for such benefits where applicable,
and donated leave may be used following a waiting period, if
one exists, in an amount equal to the benefit provided by the
program, i.e., fifty-six (56) hours per pay period may be utilized
by an employee who has satisfied the disability waiting period
and is pending approval, this is equal to the seventy percent
(70%) benefit provided by disability.
B. Employees may donate leave if the donating employee:
1. Voluntarily elects to donate leave and does so with the
understanding that donated leave will not be returned;
2. Donates a minimum of eight (8) hours; and
3. Retains a combined leave balance of at least eighty (80) hours.
Leave shall be donated in the same manner in which it would
otherwise be used except that compensatory time is not eligible
for donation.
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C. The leave donation program shall be administered on a pay period
by pay period basis. Employees using donated leave shall be
considered in active pay status and shall accrue leave and be entitled
to any benefits to which they would otherwise be entitled. Leave
accrued by an employee while using donated leave shall be used, if
necessary, in the following pay period before additional donated
leave may be received.
Donated leave shall not count toward the probationary period
of an employee who receives donated leave during his or her
probationary period. Donated leave shall be considered sick leave,
but shall never be converted into a cash benefit.
D. Employees who wish to donate leave shall certify:
1. The name of the employee for whom the donated leave is
intended;
2. The type of leave and number of hours to be donated;
3. That the employee will have a minimum combined leave
balance of at least eighty (80) hours; and
4. That the leave is donated voluntarily and the employee
understands that the donated leave will not be returned.
E. Appointing authorities shall ensure that no employees are forced to
donate leave.
Appointing authorities shall respect an employee’s right to
privacy, however appointing authorities may, with the permission of
the employee who is in need of leave or a member of the employee’s
immediate family, inform employees of their co-worker’s critical
need for leave. Appointing authorities shall not directly solicit leave
donations from employees. The donation of leave shall occur on a
strictly voluntary basis.
F. Employees at participating agencies are eligible to donate to and
receive leave from the statewide paid leave donation program.
29.07 - Sick Leave Pilot Programs
The parties may, by mutual agreement, enter into a joint study(s)
and pilot(s) that will explore alternate sick leave provisions that could
modify provisions of Article 29 and be implemented by an institution or
Agency or as otherwise mutually agreed to by the parties.
The parties further agree that Agencies or individual institutions,
with the Agency’s approval, and the Union may, with OCB approval,
mutually agree to sick leave provisions that allow for alternative sick
leave payment arrangements. In the event any of these arrangements are
found to violate the FMLA or any other State or Federal law or regulation
or the implementation of such will adversely affect the provisions of this
Article the parties agree that these arrangements will be null and void.
A special joint committee will be established by OCSEA and OCB
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to jointly examine sick leave concepts, study sick leave use practices and
design alternate sick leave program(s) that can be piloted in State
Agencies jointly selected by the parties. Such programs would be
designed to improve sick leave practices and could include but not be
limited to concepts that include gain sharing where savings are realized,
paid time off (PTO) type programs or use of time and attendance
umpires. OCB is authorized to receive up to twenty-five thousand dollars
($25,000) to initiate a study or to hire a consultant, as it deems
appropriate, to assist the committee with the design and implementation
of a program. No pilot can be implemented or changed without the
mutual agreement of the parties.
29.08 - Leave Availability
Newly accrued sick leave is not available for use until it appears on
the employee’s earnings statement and on the date the funds are made
available.
ARTICLE 30 – OTHER LEAVES WITH PAY
30.01 - Jury Duty
Leave with pay at regular rate shall be granted for service upon a
jury. Employees who are scheduled on other than a day shift shall be
reassigned to a day shift during the period of service upon the jury. When
not impaneled for actual service and only on call, the employee shall
report to work as soon as reasonably possible after notification that
his/her services will not be needed. In cases where the employee would
report to do less than four (4) hours work, the employee need not report.
Employees called to jury duty shall submit to the Agency any juror fees
received in excess of fifteen ($15.00) dollars per day.
30.02 - Military Leave
All employees shall be granted military leave in accordance with
applicable Federal laws and provisions of the Ohio Revised Code.
30.03 - Bereavement Leave
Three (3) consecutive days of bereavement leave with pay at regular
rate will be granted to an employee upon the death of a member of his/her
immediate family interpreted for the purposes of this Article to include:
spouse or significant other (“significant other” as used in this Agreement,
is defined to mean one who stands in place of a spouse and who resides
with the employee), child, step-child, grandchild, parent, step-parent,
grandparent, great-grandparent, brother, sister, step-sibling, mother-in-
law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-
in-law or legal guardian or other person who stands in the place of a
parent. Bereavement leave will be granted to the parents in the case of a
miscarriage conditioned upon the tendering of appropriate medical
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documentation or stillbirth conditioned upon the tendering of a death
certificate. Bereavement leave must begin within five (5) calendar days
of the date of death of the immediate family member or the date of the
funeral.
The Employer may grant vacation, sick leave or personal leave to
extend the bereavement leave. The leave and the extension may be
subject to verification. Part-time employees shall receive bereavement
leave with pay for the hours that they are normally scheduled to work.
30.04 - Voting
If an employee is required to work overtime on an election day and
the employee has not voted by absentee ballot, the Employer will make
every reasonable effort to alter the overtime schedule so the employee
can vote.
30.05 - Witness Duty
Employees subpoenaed to appear before any court, commission,
board or other legally constituted body authorized by law to compel the
attendance of witnesses shall be granted leave with pay at regular rate,
where the employee is not a party to the action, which includes, but is
not limited to, criminal or civil cases, traffic court, divorce proceedings,
custody proceedings, or appearing as directed as parent or guardian of
juveniles. This paragraph does not apply to employees who are
summoned to testify as a result of secondary employment outside of
service to the State.
Employees subpoenaed to proceedings on behalf of an Employer
other than the State must use available accrued vacation leave, personal
leave, or compensatory leave before being granted leave without pay.
Employees using such accrued leave shall not be required to remit any
fees received.
Second or third shift employees, during the course of scheduled
work hours, shall be permitted an equivalent amount of time off from
scheduled work on their preceding or succeeding shift for such
appearance. Employees subpoenaed to witness duty shall submit any
witness fees received (excluding travel and meal allowances) to the
Agency. The employee shall notify the Agency designee immediately
upon receiving a subpoena.
30.06 - Professional Meetings
Employees with technical or specialized skills and who exercise
independent judgment in their jobs shall be granted reasonable amounts
of leave with pay to attend work-related professional meetings. The pay
shall be at regular rate and shall not exceed eight (8) hours in any given
day.
30.07 - Civic Duty
Upon advance approval of the employee’s Agency, employees who
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are appointed by elected State officials or State Agency Heads to serve
on advisory boards or commissions which report to the elected official
or State Agency, or who are appointed to positions involved in the
solicitation of contributions for charitable organizations approved for
payroll deduction, will be granted paid time not to exceed the duration
of the employee’s regular shift and necessary travel expenses for
approved time spent in such capacity.
30.08 - Paid Adoption/Childbirth Leave
A. Eligibility
All employees who work thirty (30) or more hours per week are
eligible for paid Adoption/Childbirth leave upon the birth or
adoption of a child for care, bonding and/or acclimation of the child.
A birth includes stillbirth, as defined in division (B)(2) of section
3705.01 of the Revised Code (or as amended). If the employee takes
leave under this section for a stillbirth, the employee is ineligible for
leave under Section 30.03. Leave under this Section shall be limited
to six (6) consecutive weeks, the first two (2) of which shall be the
unpaid waiting period, and the remaining four (4) weeks shall be
paid at seventy percent (70%) of the employee’s regular rate of pay.
No minimum length of service is necessary to establish eligibility
for this leave. Eligibility for leave is established on the day of the
birth of a child or the day upon which custody of a child is taken for
adoption placement by the prospective parents. To be eligible for
leave an employee must be the parent (as listed on the birth
certificate, or in the case of a stillbirth, the death certificate); or in
the case of adoption the employee must be the prospective adoptive
parent. An employee may elect to take five thousand dollars
($5,000) for adoption expenses in lieu of the leave benefit. Payment
may be requested when the court has awarded permanent custody of
a child to the prospective parents. Whenever an employee adopts
multiple children, the event shall be considered as a single
qualifying event, and will not serve to increase either the length of
leave for an employee or the five thousand dollar ($5,000) limit.
B. Waiting Period
To qualify for paid Adoption/Childbirth leave under this
Section, an employee must complete a fourteen (14) day waiting
period, which commences on the date the leave begins. An
employee may work at the discretion of the employee’s appointing
authority and/or may take unpaid leave or may use any form of
accrued paid leave or compensatory time for which he/she is
qualified, or any combination thereof, during the fourteen (14) day
waiting period. The fourteen (14) day waiting period under this
Section shall satisfy the waiting period for disability leave benefits
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for employees who qualify for additional leave due to disability,
provided the employee does not work during the two (2) week
waiting period. The remaining four (4) weeks shall be paid at
seventy percent (70%) of the employee’s regular rate of pay.
C. Leave Benefit
An employee may utilize any other form of paid leave or
compensatory time to supplement Adoption/Childbirth leave, up to
a maximum of one hundred percent (100%) of the employee’s
regular biweekly rate of pay. Employees using Adoption/Childbirth
leave who meet the eligibility requirements of the Family and
Medical Leave Act (FMLA) shall have the entire non-working
period of Adoption/Childbirth leave counted toward the employee’s
twelve (12) week FMLA entitlement. An employee may not use the
Adoption/Childbirth leave under this section after exhausting the
FMLA entitlement for the birth or adoption. Adoption/Childbirth
leave shall not affect an employee’s right to leave under other
provisions of this Agreement.
D. Part-Time Employees
The average regular hours worked (including holidays and paid
leave) over the preceding three (3) month period shall be used to
determine eligibility and benefits under this Section for part-time
employees, provided that such benefits shall not exceed forty (40)
hours per week. If the employee has not worked a three (3) month
period, the number of hours for which the employee has been
scheduled per week will be used to determine eligibility and
benefits.
E. Coordination with Disability Leave
Employees who are receiving disability leave prior to becoming
eligible for Adoption/Childbirth leave shall continue to receive
disability leave for the duration of the disabling condition or as
otherwise provided under the disability leave program. In the event
that the employee’s disability leave benefits terminate prior to the
expiration of any benefits the employee would have been entitled to
under Adoption/Childbirth leave, the employee will receive
Adoption/Childbirth leave for such additional time without being
required to serve an additional waiting period, as long as the
Adoption/Childbirth leave is contiguous to the disability leave.
F. Holidays
Employees shall not be eligible to receive Holiday Pay while
on Adoption/Childbirth leave. Holidays shall be counted as one (1)
day of Adoption/Childbirth leave and shall be paid as
Adoption/Childbirth leave, except that during the waiting period if
an employee was in active pay status the day before a holiday the
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employee will be eligible to receive Holiday Pay as normal.
Employees who work during a holiday shall be entitled to pay as
provided in Article 26.
G. Working During Adoption/Childbirth Leave Period
Appointing authorities may allow employees to work reduced
schedule during any portion of the six (6) week period, subject to
the needs of the Agency. Employees who are permitted to work a
reduced schedule during such period shall establish a schedule that
is acceptable to the Appointing Authority. Only the time spent in
non-work status during the period of Adoption/Childbirth leave may
be applied as FMLA leave.
H. Credit for Hours Worked or Supplemented
Employees who work or supplement their pay during the latter
four (4) weeks of leave, as described above, shall have their pay for
hours worked or supplemented so calculated that working or
supplementing thirty percent (30%) of their normally scheduled
work hours during the pay period shall result in a biweekly pay
amount equal to their regular biweekly pay. Employees who work
more than thirty percent (30%) of their regularly scheduled hours
shall forfeit paid Adoption/Childbirth leave on an hour for hour
basis for all excess hours.
I. Duration
Under no circumstances shall Adoption/Childbirth leave be
taken beyond one (1) year from the date of birth or placement a child
for adoption. Adoption/Childbirth leave shall not be used to extend
the layoff date of employees or to extend a period of employment
for Established Term regular or irregular employees.
ARTICLE 31 – LEAVES OF ABSENCE
31.01 - Unpaid Leaves
A. Union Leave
If an employee is serving as a Union officer, for no longer than
the duration of his/her term of office up to four (4) years, the
Employer shall grant unpaid leaves of absence upon request. If the
employee’s term of office extends more than four (4) years, the
Employer may, at its discretion, extend the unpaid leave of absence.
Employees returning from Union leaves of absence shall be
reinstated to the job previously held. The person holding such a
position shall be displaced.
Employees selected to staff positions with the Union must
resign from their state position before starting their union position.
Employees will have a one-time right to reinstatement to their state
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position if notification of the leave of absence is submitted through
Office of Collective Bargaining and the employee requests
reinstatement to their state position within twelve (12) months from
their last day worked. A leave of absence under this Section shall be
limited to a lifetime maximum of two thousand and eighty (2,080)
hours per employee.
B. Pregnancy Leave
The Employer shall grant a pregnant employee up to six (6)
months unpaid leave. (This does not preclude the employee from
qualifying for additional leave under Paragraph C of this Section).
C. Extended Illness
The Employer may grant an unpaid leave of absence for up to
one (1) year, if an employee has exhausted all other paid leave. The
employee shall provide periodic, written verification by a medical
doctor showing the diagnosis, prognosis and expected duration of
the illness. Prior to requesting an extended illness leave, the
employee shall inform the Employer in writing of the nature of the
illness and estimated length of time needed for leave, with written
verification by a medical doctor. If the Employer questions the
employee’s ability to perform his/her regularly assigned duties, the
Employer may require a decision from an impartial medical doctor
paid by the Employer to determine the employee’s ability to return
to work. If the employee is determined to be physically capable to
return to work, the employee may be terminated if he/she refuses to
return to work. In the event of conflicting medical opinion in
Workers’ Compensation cases, the order of the Industrial
Commission District Hearing Officer shall be controlling with
regard to the employee’s ability to return to work.
D. Other Unpaid Leave
The Employer may grant unpaid leaves of absence to
employees upon request for a period not to exceed one (1) year.
Appropriate reasons for such leaves may include, but are not limited
to education, parenting (if greater than ten (10) days), family
responsibilities, or holding elective office (where holding such
office is legal). The position of an employee who is on an unpaid
leave of absence may be filled on a temporary basis in accordance
with Article 7. The employee shall be reinstated to the same or a
similar position if he/she returns to work within one (1) year. The
Employer may extend the leave upon the request of the employee.
Union leave under this Section shall be requested by the
employee through OCB. Employees granted union leave to serve in
temporary staff positions with the union under this Section may be
granted union leave with pay for a period not to exceed twelve (12)
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months. Union leave with pay shall be limited to a lifetime
maximum of two thousand and eighty (2,080) hours per employee.
The Union shall reimburse the Employer for all costs associated
with placing the employee on union leave with pay under this
Section.
31.02 - Military Leave
If an employee enters military service, his/her employment will be
separated with the right to reinstatement in accordance with federal
statutes. An employee who is a member of the Ohio National Guard or
any Reserve Component of the Armed Forces who is called to active
duty for a period greater than that allowed under Section 30.02 shall be
granted leave for the period of such active duty.
31.03 - Application for Leave
A request for a leave of absence shall be submitted in writing by an
employee to the Agency designee. A request for leave shall be submitted
as soon as the need for such a leave is known. The request shall state the
reason for and the anticipated duration of the leave of absence.
31.04 - Authorization for Leave
Authorization for or denial of a leave of absence shall be promptly
furnished to the employee in writing by the Agency designee.
31.05 - Failure to Return from Leave
Failure to return from a leave of absence after the expiration date
thereof may be cause for discipline unless an emergency situation
prevents the employee’s return and evidence of such is presented to the
Employer as soon as physically possible.
31.06 - Application of the Family and Medical Leave Act
The Employer will comply with all provisions of the Family and
Medical Leave Act (FMLA). For any leave which qualifies under the
FMLA, the employee may be required to exhaust all applicable paid
leave prior to the approval of unpaid leave.
ARTICLE 32 – TRAVEL
32.01 - Overnight Stays
Current practices regarding authorization for overnight stays shall
continue. Overnight stay shall not be considered as travel time or hours
worked. However, an employee required to spend two (2) or more
consecutive days at a place other than his/her normal report-in location
shall be granted travel time for one (1) round trip.
32.02 - Personal Vehicle
If the Agency requires an employee to use his/her personal vehicle,
the Agency shall reimburse the employee with a mileage allowance set
by the Director of the Office of Budget and Management (OBM). The
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mileage allowance shall not be set less than forty-five cents ($.45) nor
greater than the Internal Revenue Service’s rate but if the Internal
Revenue Service’s rate is reduced to an amount lower than forty-five
cents ($.45), the rate will be set at the Internal Revenue Service’s rate.
If an employee uses a motorcycle, he/she will be reimbursed no less than
thirteen cents ($.13) per mile. OBM will examine the mileage allowance
quarterly. When the mileage allowance is changed, the Director of OBM
shall provide OCSEA with notice and a rationale for the change. The
mileage allowance for bargaining unit employees shall not be set at a rate
lower than the mileage allowance for exempt employees.
32.03 - Travel Reimbursement
If an employee is required to travel in state over forty-five (45) miles
from both his/her headquarters and residence or travel out of state, he/she
shall receive the appropriate in-state or appropriate out-of-state
reimbursement.
If the Agency Head or designee requires an employee to stay
overnight, the employee shall be reimbursed up to the rate set by the U.S.
General Services Administration, plus tax per day for actual lodging
expenses incurred. The employee shall receive a per diem rate for meal
expenses and other incidentals incurred at the rate set by the U.S. General
Services Administration, prorated in accordance with the regulations of
OBM. The Agency may require receipts or other proof of expenditures
before providing reimbursement, except for meals and incidentals.
32.04 - Travel Outside the United States
If the Agency requires an employee to stay overnight outside the
United States, the employee shall be reimbursed the actual lodging cost
and actual meal expenses incurred within reason with receipts provided
to OBM. The maximum meal rate is authorized only during the portion
of the trip that is outside the United States.
32.05 - Payment
Employees who travel are required to submit their requests for
reimbursement within sixty (60) days of the last date of travel. This
timeframe may be extended if mitigating circumstances exist, but in no
case may exceed ninety (90) days.
The State shall be committed to making reimbursement to
employees within thirty (30) days of submission of completed and proper
expense reports. The thirty (30) days shall begin when a proper expense
report is presented to the employee’s supervisor for approval.
If an Agency fails to reimburse an employee within thirty (30) days,
the Agency shall pay the employee interest on the amount due in
accordance with OBM guidelines on prompt payment, or one dollar
($1.00), whichever is greater.
All employees shall receive travel reimbursements via direct
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deposit. Employees shall authorize the direct deposit of the travel
reimbursement into the same financial institution in which the
employee’s paycheck is deposited or execute the required documentation
to authorize the direct deposit into a financial institution designated by
the Board of Deposits for the benefit of the employee.
The State is discontinuing the State credit card program. No new
State credit cards will be issued. Employees currently holding State
credit cards are permitted to maintain them.
32.06 - Duty to Report
It is the employee’s responsibility to report to his/her immediate
supervisor any accident or traffic violation/citation which he/she may
have been involved with or received while on State business. Employees
shall obey all applicable State laws and rules. Failure to do so may result
in disciplinary action.
32.07 - Miscellaneous
In all other travel matters not addressed by the Agreement, the
provisions of OBM’s travel regulations or administrative rules will
apply.
ARTICLE 33 – UNIFORMS AND TOOLS
33.01 - Uniforms
When the Employer requires an employee to wear a uniform, the
Employer will furnish sized uniforms appropriate to the gender of the
wearer on a replacement basis. If the Employer requires an employee to
wear a specific type of safety shoe the Employer will provide the shoe
or reimburse the employee for the cost of the shoe at the Employer’s
option. The Employer will keep the uniform in good repair and will
replace it when the uniform is ruined through normal wear and tear. If
the uniform needs repair or replacement due to the negligence of an
employee, the employee will bear the cost of the repair or replacement.
In those institutions where cleaning facilities are available, uniforms
shall be cleaned by the Employer. However, they shall not be cleaned
with the inmates’, clients’ or residents’ clothes. In all other Agencies the
Employer shall provide one hundred twenty-five dollars ($125) per year
for uniform cleaning and repair.
33.02 - Tools
The Agency shall furnish and maintain in good condition the
equipment needed by employees to perform their jobs. However, certain
employee classifications, e.g., Auto Mechanic, may be required to
furnish their own equipment, including but not limited to hand tools.
If employees are required to furnish their own tools or equipment,
the Employer shall replace such tools or equipment when they are lost
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due to fire, wind or theft by forcible entry when in the care or custody of
the Employer. The tools or equipment will be replaced with like tools or
equipment.
Each employee shall furnish a complete list of his/her tools or
equipment, including an accurate description and replacement cost, to
his/her immediate supervisor in writing within thirty (30) days from the
effective date of this Agreement. An employee shall keep such list
current.
ARTICLE 34 – SERVICE-CONNECTED INJURY AND
ILLNESS
34.01 - Health Insurance
Employees receiving Occupational Injury Leave (OIL), Salary
Continuation, or Hostage Leave benefits shall continue to be responsible
for the employee’s regular share of the health insurance premium while
receiving said benefits. In the event OIL, Hostage Leave, or Salary
Continuation terminates within a pay period and the employee is eligible
for temporary total benefits for the remaining period, the employee’s
share of the health insurance premium shall be borne by the Employer.
Employees receiving lost time Workers’ Compensation benefits or
awaiting the approval of a Workers’ Compensation claim and not
receiving any of the above benefits, for a claim arising from employment
with the State of Ohio who have health insurance shall continue to be
eligible for health insurance at no cost to the employee for a period not
to exceed twelve (12) months, and shall continue to be eligible for health
insurance at the usual cost share paid by the employee for an additional
period not to exceed twelve (12) consecutive months. The employee and
the Employer may arrange for a payment plan for the second twelve (12)
month period. The Employer has the right to recover such payments if
the Workers’ Compensation claim is determined to be non-compensable.
34.02 - Salary Continuation for Workers’ Compensation Claims
Salary Continuation is the uninterrupted payment of a permanent
employee’s total rate of pay not to exceed four hundred eighty (480)
hours per Workers’ Compensation claim. An employee who incurs
physical injuries or other disabilities in the performance of and arising
out of State employment, and is not eligible for OIL, may be eligible for
Salary Continuation. To be eligible, the employee must: 1) follow
his/her Agency’s accident reporting guidelines, 2) be evaluated by an
Approved Physician, as defined in Appendix K, to determine if the
injuries have so disabled the employee that the essential functions of
his/her position cannot be performed, 3) show that the Employer is
currently unable to provide an appropriate transitional work assignment,
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and 4) apply for Workers’ Compensation benefits within twenty (20)
days of the incident.
Effective for dates of injury occurring on or after September 1, 2009,
an employee will be eligible for Salary Continuation. The Salary
Continuation will end when: 1) the 480 hours is exhausted; 2) the treating
physician opines that it is no longer medically necessary for the
employee to be off work; 3) the employee’s Workers’ Compensation
claim is denied by the Bureau of Workers’ Compensation (BWC); 4) the
Industrial Commission (IC) determines that the employee has reached
Maximum Medical Improvement; 5) or the employee is disqualified
from receiving Workers’ Compensation benefits, whichever occurs first.
Salary Continuation will end if the employee is no longer in the State
service or has been voluntarily or involuntarily disability separated.
Salary Continuation will end if the employee accepts Workers’
Compensation temporary total disability benefits. Employees who
receive OIL benefits are not eligible for Salary Continuation arising out
of the same incident or injury. Any requests for additional allowances
to a claim shall be approved by BWC prior to requesting payment of
additional Salary Continuation subject to the 480 total hours limit.
No charge will be made to the employee’s accumulation of sick
leave during the period the employee receives Salary Continuation. An
employee on Salary Continuation shall accrue sick leave and personal
leave but shall not accrue vacation leave. The employee is not eligible
to use leave balances while receiving Salary Continuation. Additionally,
the employee shall not be eligible for any other paid leaves, including
holiday pay and those leaves under Articles 30 or 35, while receiving
Salary Continuation. Employees receiving Salary Continuation are in
active pay status.
If the employee’s Workers’ Compensation claim is denied by BWC
or if the employee is disqualified from receiving Workers’
Compensation benefits, the employee must, after all administrative
appeals have been exhausted, either substitute the use of paid sick,
vacation, or personal leave, or repay the Employer any Salary
Continuation received during the period of time from the date of injury
until the final administrative determination on the claim has been made.
The Agency will work with the employee to determine if leave will be
deducted and/or to set up a repayment procedure.
An employee may elect to take leave without pay in lieu of Salary
Continuation without exhausting accrued leave balances, pending
determination of a Workers’ Compensation claim.
If an employee elects to utilize his/her sick leave, personal leave,
vacation leave or compensatory time balances in lieu of Salary
Continuation pending determination of a Workers’ Compensation claim
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arising from employment with the State of Ohio, the Employer shall
allow the employee, upon execution of a Wage Agreement, to buy back
those leave balances within two (2) pay periods after lost time Workers’
Compensation benefits are received by the employee, or shall allow the
employee to choose an automatic restoration of those leave balances
upon execution of a Wage Agreement.
If an employee’s request for Salary Continuation is denied in its
entirety, the employee may appeal the denial through the process detailed
in Appendix K, Section V.
34.03 - Other Leave Usage to Supplement Workers’ Compensation
Employees may utilize sick leave, personal leave, compensatory
time or vacation to supplement Workers’ Compensation benefits in order
to receive up to one hundred percent (100%) of the employee’s regular
rate of pay.
34.04 - Occupational Injury Leave (OIL)
Permanent employees of the Department of Mental Health and
Addiction Services, the Department of Developmental Disabilities,
Department of Veterans Services, the Schools for the Deaf and Blind,
the Department of Rehabilitation and Correction, and the Department of
Youth Services shall be eligible up to a maximum of total of nine
hundred sixty (960) hours of OIL per claim with pay at total rate. (See
Appendix K). Where an aggravation of a pre-existing condition is
alleged, the BWC/IC will determine if the injury results in a new claim
or a continuation of an existing claim. Employees receiving OIL are in
active pay status.
34.05 - Transitional Work Programs
Agencies and the Union may mutually develop Transitional Work
Programs designed to encourage a return to work by an employee
receiving Salary Continuation, Workers’ Compensation benefits or OIL.
During the time an employee is in a Transitional Work Program, the
employee will be assigned duties which the employee is capable of
performing based upon the recommendation of the employee’s attending
physician. Upon request of the Employer, employees must participate in
the Transitional Work Program unless precluded from participation by
their attending physician. If a permanent employee is given a transitional
work assignment with less than his/her regularly scheduled hours, the
employee may use any remaining OIL or Salary Continuation hours to
supplement up to the amount of his/her regularly scheduled hours.
A full-time permanent employee on a transitional work assignment
equivalent to his/her regularly scheduled hours who has continuing
treatment related to his/her salary continuation, OIL or Workers’
Compensation claim must first, attempt to schedule the appointment
during non-working hours. Second, if the employee is unable to
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schedule the appointment during non-working hours, the employee must
work with the Employer to flex his/her schedule to accommodate the
appointment. Third, after the first two (2) options have been exhausted,
the employee may use any remaining OIL or Salary Continuation hours
to attend the appointment, not to exceed one (1) hour per appointment,
with a maximum of three (3) appointments per week.
If the employee refuses to participate in the Transitional Work
Program while receiving Salary Continuation or OIL, the Salary
Continuation or OIL benefit will end and the Employer can seek
repayment or substitution of paid leave from the employee for any OIL
or Salary Continuation received during the time the employee was
capable of participating in the program. The Agency will work with the
employee to determine if leave will be deducted or to set up a repayment
procedure.
34.06 - Hostage Leave
An employee who has been taken hostage shall be eligible for up to
sixty (60) days leave with pay at total rate which shall not be charged to
sick leave, vacation, or any other accrued leave, as determined necessary
by a licensed physician or psychiatrist to recover from psychological
disability.
34.07 - Leave to Attend Industrial Commission Hearing
An employee shall be granted time off with pay from regularly
scheduled work hours, including travel time, sufficient to attend one (1)
hearing conducted by the Ohio Industrial Commission in the
determination of the employee’s Workers’ Compensation claim. In
addition, an employee will be granted time off with pay from regularly
scheduled work hours, including travel time, sufficient to attend any
hearing where the Employer contests the employee’s Workers’
Compensation claim.
34.08 - Implementation
A committee of three (3) Employer representatives and three (3)
Union representatives will be formed for the purpose of formulating and
maintaining the approved physician list pursuant to Appendix K(I)(c).
Committee members who are State employees will receive time off with
pay at total rate for committee business.
In the event no approved physician list is available for the
employee’s area, that requirement shall be waived. Issues related to the
utilization of the approved physician list will be within the province of
the committee.
ARTICLE 35 – DISABILITY BENEFITS
35.01 - Disability Program
Eligibility and administration of disability benefits shall be pursuant
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to current Ohio Law and the Administrative Rules of the Department of
Administrative Services (DAS) except for the following modifications
and clarifications:
A. Any full-time permanent employee with a disabling illness, injury,
or condition that will last more than fourteen (14) consecutive days
and who has completed one (1) year of continuous State service
immediately prior to the date of the disability may be eligible for
disability leave benefits.
B. To be eligible for disability leave benefits, an employee must be: 1)
in active pay status on approved sick leave; 2) on approved disability
leave; 3) on approved leave of absence without pay for personal
medical reasons; or 4) disability separated. Employees alleging
conditions precluded by OAC 123:1-33-03 are not eligible for
disability benefits, unless the exceptions of the Section are met. An
application for disability benefits based on a diagnosis of a mental
disorder, including but not limited to, psychosis, mood disorders,
and anxiety, must be confirmed by a licensed mental health provider
authorized by the Employer’s Mental Health Administrator. Where
the initial application is accompanied by the opinion of such
provider, it shall be processed accordingly. However, where the
diagnosis is submitted by any other medical professional, the
Employer shall make expeditious arrangements for the required
examination by the licensed mental health provider. Approval of the
application will be contingent upon receipt of substantiation from
such provider. In the event the examination is outside the parameters
of the employee’s mental healthcare plan, the cost of the
examination shall be borne by the Employer.
C. Part-time or established term regular and established term irregular
employees who have worked fifteen hundred (1,500) or more hours
within the twelve (12) calendar months preceding disability shall be
entitled to disability benefits based upon the average regular weekly
earnings for weeks worked over that twelve (12) month period.
D. Disability benefits will be paid at sixty-seven percent (67%) of the
employee’s base rate of pay up to a lifetime maximum of twelve
(12) months. The lifetime maximum of twelve (12) months began
with any new claim filed on or after March 1, 2006.
E. The Employer agrees that Transitional Work Programs will not
violate the provisions of the Family and Medical Leave Act.
F. Pursuant to OAC 123:1-33-03, employees who have been denied
Workers’ Compensation lost time benefits for an initial claim, may
file an application for disability leave benefits twenty (20) days from
the notification by the Bureau of Workers’ Compensation of the
denial of an initial claim.
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G. Disability separations shall be made pursuant to OAC 123:1-30. The
Employer’s decision to disability separate an employee or to deny
reinstatement from an involuntary disability separation shall not be
grievable but shall be exclusively subject to appeal through the State
Personnel Board of Review (SPBR).
H. In the event an employee submits an application for disability leave
after either: 1) the employee has received notice that he/she is under
investigation for possible disciplinary action; or 2) where an
investigation regarding the employee is actively underway,
disability payments may be held in abeyance subject to the
following procedure: The Agency shall promptly notify DAS that:
1) an investigation is underway; 2) the date that the investigation
was initiated; 3) the basis of the investigation; and 4) why access to
the employee is necessary for completion of the investigation. A
copy of the disability leave application and all accompanying
documentation shall be forwarded with the notification. In the event
that DAS concurs that the disability payments should be held in
abeyance, DAS shall notify the employee, by regular and certified
mail, that the disability payments shall not be processed until the
completion of the investigation. An investigatory interview pursuant
to Article 24, Section 24.04 of the Collective Bargaining Agreement
shall be scheduled no more than thirty (30) days after the Agency
files the investigation for possible discipline with DAS. The matter
shall then be subject to the constraints of Article 24 of the Collective
Bargaining Agreement. Upon completion of the investigatory
interview, or the thirty (30) day period, payments may be made,
providing the application qualifies for eligibility. However, if the
investigation cannot be completed as a result of the employee’s
absence, the investigatory interview shall be cancelled and the
application shall be denied. Said denial shall not prevent the
submission of a new application, subject to the above same
requirements. This Section shall not be applicable where the
absence, and subsequent disability, is the result of hospitalization
for more than five (5) days for a serious medical condition. If an
application for disability benefits is pending and/or has been
approved prior to the initiation of the investigation, this Section shall
not be applicable.
35.02 - Disability Review
The Employer shares the concern of the Union and employees over
the need to expeditiously and confidentially process disability leave
claims.
The Employer and the Union shall review such concerns as time
frames, paper flow, and possible refinement of procedural mechanisms
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for disability claim approval.
35.03 - Information Dissemination
The Employer recognizes the need to standardize the
communication of information regarding disability benefits and
application procedures. To that end, the Employer and the Department
of Administrative Services shall produce explanatory materials, which
shall be made available to Union representatives, stewards or individual
employees upon request.
35.04 - Orientation
The Union and the Employer shall maintain a disability orientation
program, focusing on eligibility requirements, for Union representatives
so that they may train stewards as part of the information dissemination
effort.
35.05 - Insurance Providers and Third Party Administrators
In the event that the administration of the disability program is
conducted by a private insurance carrier or a third party administrator the
administration shall be conducted in accordance with insurance industry
underwriting procedures and standards without reducing benefits or
eligibility requirements as provided in this Agreement.
The Employer reserves the right to contract with a licensed mental
health adjudicator to evaluate and approve or disapprove applications for
disability leave based on any form of mental disorder as provided in
Section 35.01 of this Article.
ARTICLE 36 – WAGES
36.01 - Definitions
“Classification salary base” is the minimum hourly rate of the pay
range for the classification to which the employee is assigned.
“Step rate” is the specific value within the pay range to which the
employee is assigned.
“Base rate” is the employee’s step rate plus longevity adjustment.
“Regular rate” is the base rate (which includes longevity) plus all
applicable supplements.
“Total rate” is the regular rate plus shift differential, where
applicable.
Notwithstanding any other provision of this Agreement, if these
definitions lead to any reduction in pay, the previous application shall
apply.
36.02 - General Wage Increase
Effective with the pay period which includes July 1, 2021, the pay
schedules shall be increased by three (3%) percent.
Effective with the pay period which includes July 1, 2022, the pay
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schedules shall be increased by three (3%) percent.
Effective with the pay period which includes July 1, 2023, the pay
schedules shall be increased by three (3%) percent.
36.03 - Step Movement
Newly hired employees will move to the next step in their pay range
after completion of one hundred twenty (120) days for classifications in
pay ranges 1 to 7 and 23 to 28; one hundred eighty (180) days for
classifications in pay ranges 8 to 12 and 29 to 36. Employees in the
Disability Claims Adjudicator 1 classification, Realty Specialist 1
classification, all attorney classifications, and the Youth Leader
classification in the Schools for the Blind and Deaf shall move to the
next step in their pay range after completion of probation. Subsequent
step movement shall occur after one (1) year and successful completion
of probation, provided the employee receives an overall rating of
“satisfactory”.
Correction Officers and Juvenile Correctional Officers shall receive
their initial step increase upon the completion of their probationary
period or six (6) months of service as a Correction Officer or Juvenile
Correctional Officer whichever comes first. All employees of the
Department of Youth Services and the Department of Rehabilitation and
Correction assigned to classifications which required a one hundred
twenty (120) day probationary period pursuant to the previous
Agreement, which expired on February 28, 1997, which require a one
hundred eighty (180) day probationary period, as set forth in Article 6
shall be eligible for a step increase in the pay period following the
successful completion of one hundred twenty (120) days of the
probationary period.
If the employee’s performance evaluation is not completed on time,
the employee shall not be denied a step increase.
36.04 - Promotions
Employees who are promoted shall be placed in a step to guarantee
an increase of approximately four percent (4%).
36.05 - Classifications and Pay Range Assignments
A. Classifications and Pay Range Changes
1. Employer Changes
The Employer, through the Office of Collective Bargaining
(OCB), may create classifications, change the pay range of
classifications, authorize advance step hiring if needed for
recruitment or other legitimate reasons, and issue or modify
specifications for each classification as needed. Before
proposing changes to the Department of Administrative
Services (DAS), an Agency must discuss them with the Union
pursuant to Section 8.02. Additionally, OCB shall notify the
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Union forty-five (45) days in advance of any change of pay
range or specifications. The Union may place classification
issues on the Labor/Management agenda for discussion and
possible resolution of outstanding issues. Should the Union
dispute the proposed action of the Employer and the parties are
unable to resolve their differences, they shall resolve the issue
through arbitration pursuant to Section 25.03 of this
Agreement. The Union shall appeal the matter to arbitration by
providing notice to the Employer through the electronic
grievance system (OHGrievance). The matter shall be
submitted to a mutually agreed upon arbitrator knowledgeable
in classification and compensation matters.
2. Joint Review
Joint Committee
There shall be a joint committee established for
classification reviews. Standing members of this committee
include a designee from OCB, a designee from DAS – Office
of Talent Management, and two (2) designees from OCSEA
Central Office. The standing members, in consultation with
their respective constituencies, shall determine the scope of
review. This may include defining a segment, a series, or
portions of the class plan and/or classifications to be studied. If
the standing members cannot mutually agree the Union shall
choose a segment, a series, or portions of the class plan and/or
classifications to be jointly reviewed in good faith. After the
scope of review is determined, the standing members shall
choose the other members of the joint committee based on the
class segment under consideration. The parties will be limited
to five (5) members each in addition to the standing members.
The committee shall also appoint subject matter expert groups
of those who have experience in the classification(s) being
reviewed.
The purpose of such reviews is to meet State needs, to have
employees placed in the proper classification in accordance
with their assigned duties, and to have the proper compensation
assigned to duties being required to be performed, and evaluate
to ensure that bargaining unit duties remain within the
bargaining unit. If specialized training is required that is
directly related to the positions being reviewed, the joint
committee will work with the Agencies to determine such
training needs. Any training determined to be needed will be
offered to those employees whose position is directly impacted
in order of seniority.
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The joint committee shall develop a comprehensive
proposal that includes, but is not limited to: a rationale for
change, creation, modification, deletion, and/or replacement of
the existing classification specifications, an allocation plan, a
transition plan, a statement of cost, and a process to handle
transition issues.
Upon developing a proposal, the joint committee shall
consider the following factors as appropriate: career paths, the
State’s operational need, cost, the possible reduction of
contracting out, training needs, the delineation between exempt
and bargaining unit work, and other factors deemed appropriate
by the joint committee.
The standard process of allocation will be as follows unless
the joint committee otherwise mutually agrees upon a different
process: If the employee is performing duties of a lower
classification, the employee shall be assigned into a lower
classification and shall be placed in the step within the new pay
range that provides the employee with compensation that is
equal to his/her current rate or that provides the least amount of
increase, but no decrease in pay. If the employee is determined
to be performing duties of a classification with a lower pay
range, the Employer will make a reasonable effort to assign
duties within the original classification. Longevity supplements
shall not decrease as a result of being placed in step X. If the
employee’s base rate of pay exceeds the maximum rate of pay
in the new pay range, the employee shall be placed in step X. If
the employee is performing duties of a higher classification, the
employee shall be placed in the higher classification at the step
in the higher pay range which is approximately four percent
(4%) higher than the current step rate of the employee. When
an employee is being assigned to a classification or new pay
range as a result of a class plan change, if the employee has
completed a probationary period, the employee shall be placed
in a step no lower than Step Two of the new pay range.
Pay adjustments, if any, pursuant to the classification joint
review shall not be made effective before the beginning of the
next fiscal year unless mutually agreed otherwise. If the parties
cannot mutually agree to the implemented pay range
assignments or compensation method, the Union shall have the
right to appeal the pay range determination directly to
arbitration of Article 25 within thirty (30) days. An Arbitrator
shall have no authority to award back pay for any period of time
prior to the beginning of the fiscal year that begins after the
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grievance award.
If the joint committee cannot mutually agree to the
employee’s proposed classification assignment, the employee,
through the Union, has sixty (60) days from the date of the
transition notice to appeal the classification assignment. The
chapter must appeal by filing a Working Out of Class grievance
in the electronic grievance system, stating which classification
assignment is appropriate. The same forum as a Working Out
of Classification hearing shall be utilized. The proposed
classification assignment shall be conducted by a mutually
agreed arbitrator. The arbitrator shall determine whether the
proposed assignment is appropriate. The employee shall
receive any pay adjustment effective the date the study was
implemented. The decision of the arbitrator is final and
binding.
Discontinuation of the Joint Committee
In cases where the committee decides to discontinue its
work and no other joint OCSEA reviews are in progress, the
Union may revert to the traditional 36.05 Union Review
procedure outlined below.
At the request of the Union, but not more frequently than
once each four (4) years per classification, DAS shall review up
to eight (8) designated classifications per year for duties,
responsibilities, education and/or experience, certification
and/or licensure, and working condition factors. Such review
shall be combined with salary survey data to determine
appropriate salary range assignment. Absent mutual agreement,
said data shall not be used to reduce a classification pay range
assignment. Such reviews shall be based upon a position
description questionnaire survey of all incumbents in the
classification, and shall be completed within one hundred
eighty (180) days of the initial request. The timelines in
classifications exceeding two hundred (200) incumbents will be
mutually set. Each employee shall complete his/her own PDQ.
Those employees who do not complete an individual PDQ shall
be assigned to the appropriate classification and pay range
based on the supervisor’s review. Employees on disability will
be given the option to complete a PDQ, or have their supervisor
complete a PDQ.
Prior to the distribution of PDQs the Union and State shall
conduct a joint training on how to complete PDQs. The content
of the training shall be mutually agreed to by DAS and the
Union. The scheduling and the training shall be mutually
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conducted by Agency personnel and the Union. The training
shall be no more than two (2) hours.
If an employee is found to have been improperly classified
as determined from his/her PDQ, the employee shall be
allocated to the appropriate classification in accordance with
the finding of DAS. If the employee is performing duties of a
lower classification, the employee shall be assigned into a lower
classification and shall be placed in the step within the new pay
range that provides the employee with compensation that is
equal to his/her current rate or that provides the least amount of
increase, but no decrease in pay. Longevity supplements shall
not decrease as a result of being placed in step X. If the
employee’s base rate of pay exceeds the maximum rate of pay
in the new pay range, the employee shall be placed in step X. If
the employee is performing duties of a higher classification, the
employee shall be placed in the higher classification at the step
in the higher pay range which is approximately four percent
(4%) higher than the current step rate of the employee. The back
pay award, if any, shall be effective on the effective date of the
pay range determination in accordance with this Article. The
employee, through the Union, has sixty (60) days from the date
the Union receives the findings of DAS to appeal the
classification assignment. An employee on disability may
appeal a classification assignment under this process within two
(2) weeks following reinstatement from the disability.
Classification allocation appeals shall be conducted by the
arbitrator selected for the Article 19 grievance reviews. The
arbitrator shall determine whether the employee is
appropriately allocated to the new classification, and if not,
determine the classification assignment that is appropriate. If it
is found that the employee is serving in a class not subject to
the classification review; the employee shall receive an
adjustment effective the date the study was implemented.
Employees who do not complete a PDQ shall have no right to
appeal the DAS determination. This appeal process shall also
apply to State initiated classification reviews.
Pay adjustments pursuant to the classification review shall
not be made effective before the beginning of the next fiscal
year unless mutually agreed otherwise. The Union shall have
the right to appeal the pay range determination directly to
Arbitration of Article 25 within thirty (30) days of receipt of
written notice of the Department of Administrative Services’
determination. An Arbitrator shall have no authority to award
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back pay for any period of time prior to the beginning of the
fiscal year that begins after the grievance award.
When a classification is reallocated to a higher pay range,
employees in the affected class shall be assigned to the step in
the new pay range which provides for a wage increase of
approximately four percent (4%), except that no employee who
has completed probation in that classification will be assigned
to Step One.
B. IT Transition Process
1. Joint State-OCSEA Transition Committee
A Joint IT Transition Subcommittee, formed by the Article
8.05 Joint Statewide IT Committee, will provide oversight and
monitor the allocation and transition of employees from
existing classifications created prior to 2009 to new IT
classifications that will be effective beginning 2009. This
subcommittee will consist of a designee from OCB, a designee
from DAS - Compensation and Recruitment, a designee from
OIT, and OCSEA will appoint an equal number of
representatives. This team will be involved to advise and guide
the transition process in each Agency.
The Joint IT Transition Subcommittee will develop a
toolkit for transition and will facilitate the individual allocation
plans of each State Agency. The Joint IT Transition
Subcommittee will have the responsibility to set guidelines
relating to the approach for transition and allocation, the
standardized use of the new classifications, communication, as
well as notice and facilitation of any other transition related
matters that impact employees involved in the IT classification
transition process.
2. Agency Transition Committees
A Joint Agency Transition Committee will be formed at
each Agency as transition from old to new classification begins.
Transition will be phased in by Agency. The Joint Agency
Committee will be composed of an equal number of
Management and Labor appointees, not to exceed eight (8) total
members. A Management appointee must include the Agency
CIO or designee and OCSEA will appoint members that will
include representatives from the transition Agency. Under the
direction of the Joint IT Transition Subcommittee, by mutual
agreement, a jointly appointed Small Agency Transition
Committee may be formed to address transition issues in
multiple small Agencies where it is deemed useful.
3. The Joint IT Transition Toolkit
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The Joint IT Transition Subcommittee will develop a
toolkit to facilitate the individual allocation plans of each State
Agency including:
a. A communication plan to address the rationale that
supports the need for change and explains the process for
transition.
b. A duty identification tool (DIT) that asks the employee to
complete a questionnaire that helps identify their current
duties and responsibilities. Upon request, members of the
subcommittee can receive copies of the DITs for
employees represented by OCSEA.
c. A letter template that describes the transition process and
notifies employees of their expected classification.
d. Matrix to direct questions or concerns.
e. Basic outline of classifications that may be affected.
f. Standards/guidelines and/or examples of allocation options
for transition.
g. The toolkit will include other templates and documents as
needed.
4. Allocation and Pay Range Transition Procedure
The new classification plan will be implemented by
assigning employees to the new classification that best
represents the duties and responsibilities they currently
perform. With respect to the transition from the old
classification to the new classification assignment and pay
range the following practices will be followed:
a. Employees assigned a classification in the same pay range
as the old classification will receive the same compensation
and anniversary date for subsequent step increases.
b. Employees assigned a higher pay range classification than
the old classification they previously held will move to the
pay range of the higher classification at the step that is
closest to their current step. If the step provides an increase
of more than three and a half percent (3.5%), the
employee’s step date shall be reset.
c. Employees assigned a lower classification pay range than
their old classification will be placed in the lower pay range
in the step that provides the employee with compensation
that is equal to his/her current rate or that provides the least
amount of increase but no decrease. For a period of two (2)
years from the date they are assigned to the lower
classification, those employees who have been placed in a
lower pay range will be given preference, by seniority, for
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the following:
1. Any training offered in order to obtain the skills
required to do the work in their old, or in some
circumstances higher, pay range; and
2. Any promotional opportunities available in their old,
or in some circumstances higher, pay range.
With regard to those employees who have been placed
in a lower pay range, another available option the
Employer may explore at the time of transition is to place
them in a transition class and develop a transition plan as
outlined in the paragraphs below.
d. If an employee is assigned to a lower pay range and the
employee’s base rate of pay exceeds the maximum rate of
pay in the new pay range, the employee shall be placed in
a transition class that will allow them to maintain their pay
range and any available step increases for a period of up to
two (2) years from the date of the new classification
assignment. The step increase will occur pursuant to
Article 22.03. The Agency and employee placed in a
transition class will develop a transition plan that outlines
the responsibilities of each party to obtain required skill
levels, assigned work and/or experience that will transition
them to a classification in an equal or higher pay range as
their old classification. In instances where circumstances
exist that preclude the employee from gaining the required
skill or experience, the transition classification period can
be extended up to one (1) year.
Employees who are unable to move to an equal or
higher pay range before the end of the transition plan will
be placed in the lower pay range of the original assignment
to the new classification. The employee will be placed in
the step within the new pay range that provides the
employee with compensation that is equal to his/her current
rate that provides the least amount of increase but no
decrease in pay as followed in Section 36.05A. If
employee’s base rate of pay exceeds the maximum rate of
pay in the new pay range, the employee shall be placed in
step X. Longevity supplements shall not decrease as a
result of being placed in step X of 36.05B.
If an employee is not assigned an equal pay range
classification and they wish to dispute moving to a lower
pay range classification at the end of their transition class
period they can appeal by filing a grievance within thirty
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(30) days of the assignment pursuant to Section 5 (ADR
process).
e. Notwithstanding the provisions of this Section, the Union
and the Agency or Agencies may agree, in writing, to place
an employee who is assigned a lower classification to a
different classification. Such agreements shall not be
construed as filling a vacancy that is available for
promotion. Such agreements will be made within two (2)
years of the Agency transition.
5. Dispute Resolution Procedures
A statewide IT Alternative Dispute Resolution (ADR)
Committee will be established to address grievances filed
during the IT transition period. The committee will be made up
of an equal number of participants from Management and the
Union as directed by the Article 8.05 Joint Statewide IT
Committee. The ADR Committee is limited to addressing
issues arising from the IT transition only. Grievances will be
filed in accordance with Article 25.
If the issue is not resolved by Step Three of the grievance
process, the issue will be forwarded to the statewide IT ADR
Committee. If the issue is not resolved by the statewide IT
ADR Committee, the timeline for appealing the grievance to
Step Four of the grievance process will begin at that time. If an
allocation issue cannot be resolved by the IT ADR Committee,
the working out of classification arbitrator will be utilized to
resolve the dispute. Other issues not resolved regarding the IT
transition by the IT ADR Committee will be referred to Step
Four mediation. The parties will then settle the issue based
upon the mediator’s recommendation. Following the IT
transition, the Article 8.05 Joint Information Technology
Committee will then evaluate the necessity for continued
existence of the ADR Committee.
6. Working Out of Classification Grievances
Current Article 19 language will be utilized to resolve
working out of classification issues. If issues arise between the
parties and/or the arbitrator regarding the intent of the
classification specifications and/or class concepts of the IT
classification specifications, these issues will be referred to and
addressed by the Article 8.05 committee.
Working out of classification grievances may not be filed
once the Agency begins the IT transition. Transition is complete
for the purposes of working out of classification grievances
when all IT employees have been reclassified to the new
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classifications. For the purposes of working out of
classification grievances, employees may not file grievances
under the previous IT classification specifications once the
Agency completes the IT transition.
7. Contract Rights During Transition
The parties have agreed that the IT classification transition
will be implemented by individual Agencies and that different
contract terms pertaining to Article 17 Promotions, Transfers,
Demotions, and Relocations, Article 18 Layoffs, and other
rights that are negotiated by the Joint Information Technology
Committee pursuant to Article 43 will apply only to those
Agencies that have transitioned to the new classifications.
Agencies that have not transitioned to the new
classifications will follow the general contract rights under the
current Collective Bargaining Agreement and not the IT
specific provisions negotiated by the Joint Information
Technology Committee.
C. High Performance Work Systems
The Employer and the Union agree to explore the development
of high performance work systems. The Employer and the Union
may mutually agree to jointly develop or revise work processes,
establish measured alternative compensation systems, implement
flatter organizational structures, implement flexible scheduling
methods and/or consider other initiatives that may contribute to
more efficient and effective delivery of State government services.
Such agreements must be executed by the Director of the Office of
Collective Bargaining, and the President of OCSEA or his/her
designee. The Employer and the Union may mutually agree to
develop local Agency joint training initiatives such as work redesign
and compensation methods in order to provide committee members
with the knowledge and skills necessary to achieve committee goals
and objectives.
In the event that the redesign of services results in an overall
reduction in employees, the Employer shall make a good faith effort
to reduce the impact to employees through attrition, alternative work
and placement into vacant positions in order to prevent layoff.
The parties agree that, except as may be mutually agreed
otherwise, no pilot or project initiated as a result of this effort will
conflict with, amend or abridge any provision of this Agreement.
36.06 - Roll Call Pay
Effective July 1, 2004, Correction Officers and Psychiatric
Attendants in the Department of Rehabilitation and Correction shall be
entitled to thirty (30) minutes of roll call pay at straight time for reporting
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not less than ten (10) minutes prior to the beginning of their shift. Roll
call pay shall not be considered time in active pay status for the purposes
of Article 13, Section 13.10.
36.07 - Longevity Pay
Beginning on the first day of the pay period within which an
employee completes five (5) years of total State service, each employee
will receive an automatic salary adjustment equivalent to one-half
percent (1/2%) times the number of years of service times the first step
of the pay rate of the employee’s classification up to a total of twenty
(20) years. This amount will be added to the step rate of pay.
Longevity adjustments are based solely on length of service
excluding any service time earned between July 1, 2003 and June 30,
2005, inclusive. They shall not be affected by promotion, demotion or
other changes in classification.
Effective July 1, 1986, only service with State Agencies, i.e.,
Agencies whose employees are paid directly by warrant of the Director
of Budget and Management, will be computed for the purpose of
determining the rate of accrual for new employees. Service time for
longevity accrual for employees will not be modified by the preceding
sentence.
An employee who has retired in accordance with the provisions of
any retirement plan offered by the State and who is employed by the
State or any political subdivision of the State on or after June 24, 1987,
shall not have his/her prior service with the State or any political
subdivision of the State counted for the purpose of computing longevity.
36.08 - Shift Differential
Bargaining unit members who regularly work shifts beginning
between 2:00 p.m. and 3:00 a.m. shall receive sixty cents ($.60) per hour
in shift differential, effective July 1, 2018, under the following
circumstances:
1. No bargaining unit member who regularly works first shift will
receive shift differential pay, even if they work overtime on a
different shift which begins between 2:00 p.m. and 3:00 a.m.
2. Bargaining unit members who regularly work shifts beginning
between 2:00 p.m. and 3:00 a.m. will receive shift differential pay
for each shift worked which begins between 2:00 p.m. and 3:00 a.m.
3. No bargaining unit member will receive shift differential for shifts
which do not begin between 2:00 p.m. and 3:00 a.m.
The shift differential shall be added to the employee’s regular rate
of pay.
36.09 - Electronic Funds Transfer (EFT)
All employees shall receive their pay via direct deposit. Employees
shall authorize the direct deposit of the employee’s compensation into a
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financial institution of the employee’s choice or execute the required
documentation to authorize the direct deposit into a financial institution
designated by the Board of Deposits for the benefit of the employee.
36.10 - Agency Specific Agreements
Any Agency Specific Agreement reached during the present round
of negotiations that provides for any increase in the form of salaries,
bonuses or supplements, etc. is null and void as to the amount of the
increase. All present supplements in Agency Specific Agreements
should continue unchanged for the duration of this Agreement.
36.11 - Payroll Errors
Where a system wide error has been made on employee payroll, all
affected employees shall be notified forthwith of the error, its
ramifications, corrective actions, and timelines for said actions.
Where more than fifty dollars ($50.00) in excess wages have been
paid to an employee as the result of an error by the Employer, no more
than fifty dollars ($50.00) per pay period shall be deducted from an
employee’s paycheck, unless the error was readily identifiable by the
employee. In that instance, a schedule for repayment shall be established
with the employee, the payroll officer and the appropriate Agency
employee. The payment schedule shall be reduced to writing and a copy
provided to the employee.
ARTICLE 37 – EMPLOYEE TRAINING AND DEVELOPMENT
37.01 - Dissolution of the Workforce Development Fund-(5D7 Fund)
Effective June 30, 2006 the Workforce Development Fund (5D7
Fund) shall cease to exist for the purposes of funding the obligations of
this Article. New applications for computer loans postmarked
subsequent to January 27, 2006 and tuition vouchers postmarked
subsequent to February 28, 2006 will not be accepted with the exception
of tuition vouchers for employees already enrolled in an identifiable
curriculum of: 1) higher education; 2) attainment of certification; or 3)
licensure. In consideration of the Union’s full assumption of the
obligation to provide benefits to the bargaining unit as detailed in Section
37.03 (A) of this Agreement subsequent to June 30, 2006, and in lieu of
any and all claims by way of a settlement of the unencumbered balance
of the 5D7 fund, the State will convey to the Union from the 5D7 fund a
single lump sum conveyance of $1,500,000 not later than July 15, 2006.
The Union forfeits all claims against the Employer for any and all
residual assets of the 5D7 fund, with the following exception: Those
files, databases, equipment, and other materials which were purchased
by the fund for the sole use of fund administration, which are no longer
needed by the Department of Administrative Services for final
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disposition of fund business, will be transferred to the Union. Existing
employee computer loan balances shall be repaid to the 5D7 fund in
accordance with loan obligation agreements through the current payroll
deduction arrangement.
37.02 - Training and Development
The Employer and the Union recognize the importance of employee
training and development as an element of productivity and quality
improvement. Employee training and development is regarded as a
strategic investment to expand as well as develop employee skills
through training initiatives.
37.03 - Union Education Trust
A. Purpose
The Employer shall contribute to the Union Education Trust for
the purpose of developing and supporting a comprehensive program
of employee training initiatives, including but not limited to the
following:
1. Basic skills development;
2. Technical and computer skills training;
3. Tuition assistance, reimbursement and vouchers;
4. Workplace redesign and technological change;
5. Education related to Labor/Management relationships and
problem-solving;
6. Agency-specific projects.
B. Funding and Accounting
The Employer shall contribute to the OCSEA Union Education
Trust a monthly amount equal to twenty-one dollars ($21.00) for
each bargaining unit member in active pay status or receiving OIL
or Salary Continuation or on leave under either Voluntary Cost
Savings Program (Appendix R) as of the 1
st
of the month. The
amount of the Employer contribution shall be transmitted to the
Union no later than the end of the month. Not less than three (3)
months following the end of the Union’s fiscal year, OCSEA shall
provide the Department of Administrative Services Finance Officer
a full and accurate accounting of the Fund by an independent outside
auditor using Generally Accepted Accounting Principles (GAAP).
State bargaining unit employees in active pay status who serve as
trustees of the OCSEA Union Education Trust will receive release
from their normal duties in accordance with the provisions of Article
3, Section 3.10 (A) for the purpose of attending quarterly fund
meetings and conferences related to the administration of the fund’s
business, programs or initiatives.
37.04 - Orientation Training
Every new employee will receive orientation that provides an
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overview of the role and function of the Agency. Such orientation may
also include, but is not limited to, current procedures, forms, methods,
techniques, materials and equipment. This may be done on a group basis
and shall be given as needed.
Employees who work in Corrections, Youth Services, MHAS and
DODD facilities will be provided training in crisis intervention
techniques to appropriately respond to client behavior that could result
in injury to self or others.
37.05 - In-Service Training
Whenever employees are required to participate in in-service
training programs, they shall be given time off from work with pay to
attend such programs, including any travel time needed. The Employer
shall pay any costs incurred in such training. Every reasonable effort
shall be made to notify employees of training opportunities through
available channels of communication.
37.06 - Leave for Training/Continuing Education Programs
The Employer may grant permanent employees paid leave during
regular work hours to participate in non-Agency training/continuing
education programs which are directly related to work in the employee’s
Agency and will lead to the improvement of the employee’s skills and
job performance or as a part of an approved career ladder or skill
expansion program. Reasonable effort will be made to equitably
distribute such training opportunities among employees.
37.07 - Training Records
Except where the Union and the State have otherwise agreed, upon
completion of a training/continuing education program, the participant
will forward a certificate or other appropriate recognition of course
completion to the appropriate Agency designee for placement in the
employee’s personnel file.
If such evidence is not received, additional requests for release time
will not be approved.
37.08 - Pre-Retirement Programs
The Employer shall request the Public Employees Retirement
System to conduct pre-retirement programs or it may conduct such
programs for employees who are within one (1) year of eligibility for full
retirement. Such training, if provided, shall be during regular working
hours and eligible employees scheduled to work at that time shall be
given time off to attend the training. Employees may attend only one (1)
training session.
37.09 - Accreditation, Licensure or Certification Requirements
If accreditation, licensure or certification requirements of a position
are changed and an employee serving in such a position does not possess
the requirements(s), the affected employee shall meet such
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requirement(s) as soon as reasonably possible.
If meeting the requirement(s) requires additional in-service training
and/or leave for training/continuing education programs, Sections 37.04
and 37.05 may be applied.
If an employee does not meet the requirement(s) within a reasonable
period of time, the employee shall be moved into another position. If that
position pays less than the employee’s present salary, the employee’s
salary shall be frozen until such time as the employee’s new pay schedule
catches up with the frozen salary.
37.10 - Computer Purchase Program
Previously the State offered a computer purchase program for all
employees. It is agreed that if any State sponsored computer program is
offered by DAS to any other State employees at any future time by the
State, bargaining unit employees will be afforded the same and equal
program benefit. Further, the parties agree to form, within sixty (60)
days of the effective date of the Collective Bargaining Agreement, a
Labor/Management Committee consisting of no more than four (4)
members on each side, which shall meet at least quarterly to explore the
institution of a computer purchase program for all bargaining unit
employees.
ARTICLE 38 – TECHNOLOGICAL CHANGE
Whenever new equipment or technological changes significantly
affect operations, the Employer will provide notice to the Union as soon
as practicable but not less than sixty (60) days in advance. The Employer,
whenever possible, will provide training to employees to acquire the
skills and knowledge necessary for the new procedures.
Reasonable notice shall be given in advance of any technological
changes that could potentially displace employees so that employees can
be retrained. Such training shall be for employees to acquire skills and
knowledge necessary to adapt to the technological changes within the
Agency. Training will be provided on an equal opportunity basis to all
employees within the affected classification; where there are limitations
of resources, State seniority shall be used to determine the order in which
training opportunities are made available. An employee shall be
responsible for registering for such training.
The Employer will make every reasonable effort to schedule the
training during normal working hours. If the training does occur during
normal working hours, then the employee to be trained shall be permitted
time off to participate in the training. The training shall be at the
Employer’s expense.
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Should an employee be unable to satisfactorily complete the
required training, the Agency will make a good faith effort to place an
employee into a similar position within the same geographic jurisdiction
(see Appendix J). If that position is at a pay level less than the employee
is presently receiving, the employee’s salary shall be frozen until such
time as the employee’s new pay schedule catches up to the frozen salary.
ARTICLE 39 – SUB-CONTRACTING
39.01 - Contracting Out
The Employer intends to utilize bargaining unit employees to
perform work which they normally perform. However, the Employer
reserves the right to contract out any work it deems necessary or
desirable because of greater efficiency, economy, programmatic benefits
or other related factors.
If the Employer considers contracting out a function or service,
which would result in the layoff of bargaining unit employees, the
Employer shall provide not less than one hundred twenty (120) days
advance written notice to the Union. Upon request the Employer shall
meet with the Union to discuss the reasons for the contracting proposal
and provide the Union an opportunity to present alternatives.
If the Employer does contract out, any displaced employee will have
the opportunity to fill existing equal rated permanent vacancies at his/her
work location or other work locations of the Agency. In the event an
employee needs additional training to perform the required work in such
other position, which can be successfully completed within a reasonable
length of time, the Employer shall provide the necessary training during
working hours at the Employer’s expense.
Except for government employees from other jurisdictions who are
part of a State Agency’s organizational structure, non-State employees
will not ordinarily serve as supervisors (as defined by ORC Section
4117.01(F)) of any bargaining unit employees. Bargaining unit
employees will not be responsible for training contract workers, except
bargaining unit employees may be required to provide orientation and
training related to Agency policies, procedures and operations.
39.02 - Contracting-In
A. The Union will be granted a reasonable opportunity to demonstrate
that bargaining unit employees can competitively perform work,
which has been previously contracted out, including access to
available information regarding costs and performance audits. In
considering the granting, renewal or continuation of competitively
bid contracts for work normally performed by bargaining unit
employees, to the extent feasible the Employer will examine
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information provided by the Union regarding whether or not such
work can be performed with greater efficiency, economy,
programmatic benefit or other related factors through the use of
bargaining unit employees rather than through renewal or
continuation of the contract or initial contracting out of work.
B. Within thirty (30) days of the effective date of this Agreement the
State will furnish to the Union the State Agency website addresses
that identify Requests for Proposals (RFP) and Invitation to Bids
(ITBS) for work it expects to contract out. The Union will receive
additional State websites within thirty (30) days of when they come
on line.
39.03 - Joint Sub-Contracting Pilots
Within one hundred twenty (120) days of this Agreement the parties
will agree to the establishment of four (4) Agency pilot programs to
include Rehabilitation & Corrections, Transportation, Public Safety, and
Administrative Services, that will explore Agency contracting practices
and develop strategies for alternatives to contracting out. Pilots will
explore the factors that motivate subcontracting, discuss future plans and
develop joint strategies that will permit State employees to perform the
work by meeting the Agency service delivery needs. Additional release
time may be provided for the purposes outlined in 39.02.
ARTICLE 40 – INDEMNIFICATION
The Employer agrees to indemnify employees from liability
incurred in the performance of their duties in accordance with Ohio
Revised Code Section 9.87 and other related ORC provisions. Further
the Employer may indemnify employees, under the circumstances and in
accordance with the procedures set forth in the Ohio Revised Code under
Section 9.87, from liability for compensatory or punitive damages
incurred in the performance of their duties by paying any judgment in,
or amount negotiated in settlement of, any civil action arising under the
law of the State of Ohio, the law of any other state, or under federal law.
The actions of the Ohio Attorney General pursuant to the Ohio Revised
Code Section 9.87 are not subject to the grievance or arbitration
procedures.
Premiums for any bond required by the Employer or law for any
employee to carry out his/her assigned duties shall be paid by the
Employer.
ARTICLE 41 – NO STRIKE/NO LOCKOUT
41.01 - Union Prohibition
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The Union does hereby affirm and agree that during the term of this
Agreement it will not either directly or indirectly, call, sanction,
encourage, finance or assist in any way, nor shall any employee instigate,
or participate, either directly or indirectly, in any strike, slowdown,
walkout, work stoppage or the withholding of services from the
Employer. Nothing herein is intended to restrict in any way the Union’s
right and ability to represent any member or members alleged to have
violated the prohibitions set forth in this Section.
41.02 - Affirmative Duty
In addition, the Union shall cooperate at all times with the Employer
in the continuation of its operations and services and shall actively
discourage any violation of this Article. If any violation of this Article
occurs, the Union shall immediately notify all employees that the strike,
slowdown, work stoppage, or other concerted interference with or the
withholding of services from the Employer is prohibited, and not
sanctioned by the Union. The Union will inform all employees of their
obligation to return to work immediately.
41.03 - Disciplinary Actions
It is further agreed that any violation of the above shall be automatic
and sufficient grounds for immediate disciplinary action. Any such
disciplinary action may be appealed pursuant to Article 25 herein
contained.
41.04 - Employer Prohibition
The Employer agrees that it shall not lockout any employees.
ARTICLE 42 – SAVINGS
Should any part of this Agreement be declared invalid by operation
of law or by a tribunal of competent jurisdiction, the remainder of the
Agreement will not be affected thereby but will remain in full force and
effect. In the event any provision is thus rendered invalid, upon written
request of either party, the Employer and Union will meet promptly and
negotiate a mutually satisfactory modification within thirty (30) days.
ARTICLE 43 – DURATION
43.01 - Duration of Agreement
This Agreement shall continue in full force and effect for the period
April 21, 2021, through February 29, 2024, and shall constitute the entire
Agreement between the parties. All rights and duties of both parties are
specifically expressed in this Agreement. This Agreement concludes the
collective bargaining for its term, subject only to a desire by both parties
to agree mutually to amend or supplement it at any time. No verbal
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statements shall supersede any provisions of this Agreement.
43.02 - Renegotiations
The Union shall designate approximately twenty-one (21)
bargaining unit members to serve on the master negotiating team (based
upon one (1) member for each 2,000 bargaining unit employees or major
fraction thereof, with a minimum of one (1) per unit, plus the three (3)
statewide elected officers). The parties may mutually agree to sub-divide
the master teams to negotiate bargaining unit issues. If such unit
negotiations cannot be sufficiently staffed by members of the master
negotiating teams, the parties may mutually agree to additional members.
Members of the Union negotiating team shall be paid by the Employer
for the time spent in negotiations with the Employer as well as for the
time spent en route to and from such negotiations, provided that no
Union negotiating team member shall receive more than eight (8) hours
pay for any single day. At the request of the Union, Union negotiating
team members will also be paid for at least three (3) days of negotiations
preparations.
An additional forty (40) designated Union representatives shall each
be allowed up to a total of twenty-four (24) hours of paid time, as
requested by the Union, for purposes of consulting with the negotiating
team in the development of proposals and during the final weeks of
bargaining.
43.03 - Mid-Term Contractual Changes
The Employer and the Union have the power and authority to enter
into amendments of this Agreement during its term constituting an
addition, deletion, substitution or modification of this Agreement. Any
amendment providing for an addition, deletion, substitution or
modification of this Agreement must be in writing and executed by the
President of the Union or designee and the Director of the Department
of Administrative Services or designee. Upon its execution, such
amendment shall supersede any existing provision of this Agreement in
accordance with its terms and shall continue in full force and effect for
the duration of this Agreement. All other provisions of this Agreement
not affected by the amendment shall continue in full force and effect for
the term of this Agreement. Memoranda of Understanding, amendments
and any other mutually agreed to provisions, during the term of this
Agreement, become effective upon the execution by the Deputy Director
of the Office of Collective Bargaining and the President of the Union. In
the event such Memoranda of Understanding, amendments, or any other
mutually agreed to provision require ratification by the Union’s
membership, such ratification shall be made within sixty (60) days or
such agreements shall be deemed ratified.
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43.04 - Memorandum of Understanding Duration
All Memoranda of Understanding, amendments, Letters of Intent,
or any other mutually agreed to provisions, shall be reviewed by
OCSEA’s Office of General Counsel (OGC), the Office of Collective
Bargaining (OCB), and Agency representatives for determination of
their force and effect. Those documents which have been mutually
agreed to have any continuing effect shall be posted on the appropriate
Agency website. All other documents, except those which have or do
confer an economic benefit, shall expire on the effective starting date of
this Agreement and have no further force and effect.
43.05 - Contract Dispute
Whenever there is a dispute as to the correct interpretation of a
matter resolved through mediation/fact finding, the parties agree that the
mediator/fact finder shall be retained to clarify the matter in the dispute.
In the event the mediator/fact finder is unable to clarify the matter, it may
be resolved pursuant to the Grievance Procedure.
ARTICLE 44 – MISCELLANEOUS
44.01 - Agreement
To the extent that this Agreement addresses matters covered by
conflicting State statutes, administrative rules, regulations or directives
in effect at the time of the signing of this Agreement, except for ORC
Chapter 4117, this Agreement shall take precedence and supersede all
conflicting State laws.
44.02 - Operations of Rules and Law
To the extent that State statutes, regulations or rules promulgated
pursuant to ORC Chapter 119 or Appointing Authority directives
provide benefits to State employees in areas where this Agreement is
silent, such benefits shall be determined by those statutes, regulations,
rules or directives.
44.03 - Total Agreement
This Agreement represents the entire agreement between the
Employer and the Union and unless specifically and expressly set forth
in the express written provisions of this Agreement, all rules, regulations,
practices and benefits previously and presently in effect, may be
modified or discontinued at the sole discretion of the Employer. This
Section alone shall not operate to void any existing or future Ohio
Revised Code (ORC) statutes or rules of the Ohio Administrative Code
(OAC) and applicable federal law.
44.04 - Work Rules
After the effective date of this Agreement, Agency work rules or
institutional rules and directives must not be in violation of this
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Agreement. Such work rules shall be reasonable. The Union shall be
notified prior to the implementation of any new work rules and shall have
the opportunity to discuss them.
44.05 - Technology
No State employee should have an expectation of privacy while on
paid time as an employee.
44.06 - Successor
In the event that the Employer or any of its Agencies covered by this
Agreement sells, leases, transfers or assigns any of its facilities to
political subdivisions, corporations or persons, and such sale, lease,
transfer or assignment would result in the layoff or termination of
employees covered by this Agreement, the Agency and Employer shall
attempt in good faith to arrange for the placement of such employees
with the new Employer or the State.
The Agency shall notify the Union in writing at least thirty (30) days
in advance of the final date of any such sale, lease, transfer or
assignment.
In the event the Employer plans to close an institution (i.e., a facility
at Mental Health and Addiction Services, Developmental Disabilities,
Department of Rehabilitation and Correction, Department of Youth
Services, and Department of Veterans Services) or part thereof, resulting
in the layoff of employees, it shall give ninety (90) days advance notice
to the Union. The Union shall be given the opportunity to discuss the
planned closure with the Employer. Should it become necessary to close
an Agency, institution or part thereof, the following guidelines will be
utilized:
A. Where individual institution(s) or part(s) thereof are closed resulting
in layoffs, the provisions of Article 18 will apply;
B. The Agency(s) will seek to absorb all affected employees or help
displaced workers obtain employment in other areas of the public
sector;
C. A concerted effort will be made to relocate displaced employees
within the framework of any new delivery system. The Employer
will seek to involve the Union and any newly-created structure in a
positive program for the hiring and possible retraining of any
displaced employee;
D. In cooperation with the Union, the Agency(s) will aggressively
search for any available program assistance for the purpose of job
training and/or placement. The Union and the Employer will closely
examine all possible avenues for human resource assistance in both
the public and private sectors.
44.07 - Errata
It is the understanding of the parties that any errors in printing or
158
typography will not alter the intent of the parties with respect to any such
item.
44.08 - OAKS and KRONOS Issues
Representatives from OCB and OCSEA will meet on an as needed
basis to identify and address OAKS or KRONOS (Enterprise or Non-
Enterprise) related issues and to plan and implement remedies, which
may include training, regarding said issues.
159
160
161
162
APPENDIX A
Classifications - Bargaining Unit 3
The following classifications, including any parenthetical subtitles,
are included in Bargaining Unit Three: (NOTE: All classes numbered
30000 to 39999 are holding classes.)
Class No.
Pay Range
Title
22591
27
Shooting Range Attendant
44141
27
Psychiatric Attendant
44142
28
Psychiatric Attendant Coordinator
46111
25
Security Officer 1
46112
26
Security Officer 2
46514
28
Juvenile Correctional Officer
46531
28
Correction Officer
46532
29
Correction Sergeant/Counselor
46611
07
Youth Leader (Blind/Deaf School)
APPENDIX B
Classifications - Bargaining Unit 4
The following classifications, including any parenthetical subtitles,
are included in Bargaining Unit Four: (NOTE: All classes numbered
30000 to 39999 are holding classes.)
Class No.
Pay Range
Title
18111
03
Children’s Teacher Aide 1
18112
04
Children’s Teacher Aide 2
18113
25
Children’s Teacher Aide 3
18121
26
Adult Teacher Aide 1
18122
27
Adult Teacher Aide 2
18123
28
Adult Teacher Aide 3
18531
04
Recreation Aide
44111
04
Hospital Aide
44112
05
Therapeutic Program Worker
44113
26
Hospital Aide Coordinator 1
44114
27
Hospital Aide Coordinator 2
44161
10
Licensed Practical Nurse
44162
10
Licensed Practical Nurse (MDS)
44171
27
Certified Peer Recovery Supporter
44210
04
Activities Aide
163
Class No.
Pay Range
Title
44211
26
General Activities Therapist 1
44212
27
General Activities Therapist 2
44213
27
Activity Therapy Specialist 1
44214
29
Activity Therapy Specialist 2
44260
26
Therapy Aide
44261
28
Licensed Physical Therapy Assistant
44310
29
Occupational Therapy Assistant
44731
27
Community Adjustment Trainer
65313
29
Paramedic
86121
27
Phlebotomist
86313
27
Dental Assistant
86331
29
EEG/EKG Technician
APPENDIX C
Classifications - Bargaining Unit 5
The following classifications, including any parenthetical subtitles,
are included in Bargaining Unit Five: (NOTE: All classes numbered
30000 to 39999 are holding classes.)
Class No.
Pay Range
Title
14211
04
Commissary Worker 1
14212
06
Commissary Worker 2
42111
02
Custodial Worker
42341
01
Food Service Worker
42351
03
Cook 1
42352
05
Cook 2
42411
04
Food Service Coordinator 1
42412
06
Food Service Coordinator 2
42451
28
Correctional Food Service Coordinator
42521
01
Laundry Worker
42541
28
Correctional Laundry Coordinator
APPENDIX D
Classifications - Bargaining Unit 6
The following classifications, including any parenthetical subtitles,
are included in Bargaining Unit Six: (NOTE: All classes numbered
30000 to 39999 are holding classes.)
164
Class No.
Pay Range
Title
22221
27
Fish Management Technician
22280
28
Wildlife Research Technician
22411
28
Preserve Manager Aide
22560
24
Campground Attendant
22565
27
Campground Coordinator 1
22566
28
Campground Coordinator 2
22611
*
1
Natural Resources Worker (Table 11)
22621
03
Natural Resources Technician 1
22622
05
Natural Resources Technician 2
22623
07
Natural Resources Technician 3
46541
08
Correctional Farm Coordinator
46551
28
Penal Workshop Specialist
46552
29
Penal Workshop Quality Control Specialist
52111
06
Automotive Body Repair Worker 1
52112
08
Automotive Body Repair Worker 2
52130
02
Automotive Service Worker
52131
05
Automotive Mechanic 1
52132
07
Automotive Mechanic 2
52133
09
Automotive Technician
52141
06
Motor Fleet Coordinator
52142
07
Motor Fleet Coordinator Specialist
52231
07
Steam Fitter 1
52232
08
Steam Fitter 2
52241
07
Carpenter 1
52242
08
Carpenter 2
52251
07
Painter 1
52252
08
Painter 2
52261
07
Plumber 1
52262
08
Plumber 2
52271
07
Sheet Metal Worker 1
52272
08
Sheet Metal Worker 2
52281
07
Electrician 1
52282
08
Electrician 2
52291
08
Air Quality Technician 1
52292
09
Air Quality Technician 2
52311
07
Machinist 1
52312
08
Machinist 2
1
Pay Range is assigned under Appendix Q – Ohio Department of
Natural Resources (ODNR) Agency Specific.
165
Class No.
Pay Range
Title
52321
06
Welder 1
52322
07
Welder 2
52341
11
Lab Machinist
52351
08
Adaptive Equipment Technician
52821
27
Exploratory Drill Operator 1
52822
29
Exploratory Drill Operator 2
52851
06
Tailor
52861
08
Locksmith
53111
04
Maintenance Repair Worker 1
53112
05
Maintenance Repair Worker 2
53113
07
Maintenance Repair Worker 3
53161
07
Facility Maintenance Specialist 1
53162
09
Facility Maintenance Specialist 2
53163
11
Facility Maintenance Specialist 3
53211
05
Highway Maintenance Worker 1
53212
06
Highway Maintenance Worker 2
53213
07
Highway Maintenance Worker 3
53214
08
Highway Maintenance Worker 4
53231
07
Bridge Worker 1
53232
08
Bridge Worker 2
53241
05
Routemarker 1
53242
08
Routemarker 2
53261
28
Soils Foundation Technician
53322
08
Traffic Signal Technician 1
53323
10
Traffic Signal Technician 2
53324
11
Intelligent Transportation System
Specialist
53411
08
Sign Fabrication Technician
53611
04
Groundskeeper 1
53612
05
Groundskeeper 2
53613
06
Groundskeeper 3
53811
02
Laborer
53813
04
Laborer Crew Leader
53821
05
Delivery Worker
53831
04
Mover 1
53832
07
Mover 2
53851
08
Lottery Delivery Worker
54211
06
Aircraft Attendant
54221
11
Aircraft Maintenance Technician
54411
05
Equipment Operator 1
54412
06
Equipment Operator 2
166
Class No.
Pay Range
Title
54413
07
Equipment Operator 3
54414
07
Equipment Operator 4
54421
06
Dredge Operator 1
54422
07
Dredge Operator 2
54441
04
Vehicle Operator 1
54442
06
Vehicle Operator 2
54461
31
Research Vessel Operator
54531
08
Stationary Engineer 1
54532
09
Stationary Engineer 2
54542
06
Boiler Operator
54610
06
Treatment Plant Aide
54611
06
Treatment Plant Operator-in-Training
54612
08
Treatment Plant Operator
54613
09
Treatment Plant Coordinator 1
54614
31
Treatment Plant Coordinator 2
APPENDIX E
Classifications - Bargaining Unit 7
The following classifications, including any parenthetical subtitles,
are included in Bargaining Unit Seven: (NOTE: All classes numbered
30000 to 39999 are holding classes.)
Class No.
Pay Range
Title
21111
31
Animal Health Inspector
21131
31
Agriculture Environment Inspector
21181
31
Plant Health Inspector
21230
28
Meat Inspector Trainee
21231
30
Meat Inspector
21251
28
Weights and Measures Inspector 1
21252
29
Weights and Measures Inspector 2
21253
30
Weights and Measures Technologist
21291
31
Food Safety Specialist 1
21292
32
Food Safety Specialist 2
21311
31
Agriculture Enforcement Agent
21511
29
Cosmetology/Barber Inspector
21531
31
Medical Board Compliance Officer
21541
32
Medical Board Investigator
21551
30
Pharmacy Board Inspector
21561
33
Pharmacy Board Agent
167
Class No.
Pay Range
Title
21582
30
Amusement Ride and Game Inspector
21583
31
Amusement Ride and Game Lead
Inspector
21591
32
Dental Board Enforcement Officer
21621
32
Nursing Board Enforcement Agent
21681
32
Chiropractic Board Enforcement
Investigator
22931
30
Mineral Resources Inspector 1
22932
31
Mineral Resources Inspector 2
22933
32
Mineral Resources Inspector 3
23111
29
Motor Carrier Enforcement Inspector
23121
30
Public Utilities Transportation Examiner
23131
33
Water/Wastewater Service Quality
Coordinator
23161
31
Hazardous Materials Investigation
Specialist 1
23162
33
Hazardous Materials Investigation
Specialist 2
23181
33
Public Utilities Gas Pipeline Safety
Compliance Invest.
23191
33
Public Utilities Electric Coordinator
23311
29
Railroad Inspector 1
23312
31
Railroad Inspector 2
23313
32
Railroad Inspector 3
24110
28
Building Inspector 1
24111
30
Building Inspector 2
24120
30
Interim Boiler Inspector
24121
31
Boiler Inspector
24123
32
Nuclear Boiler Inspector
24130
28
Electrical Safety Inspector Trainee
24131
31
Electrical Safety Inspector
24140
29
Elevator Inspector Trainee
24141
32
Elevator Inspector
24161
28
Plumbing Inspector 1
24162
31
Plumbing Inspector 2
24311
27
Stationary Load Limit Inspector
24312
28
Portable Load Limit Inspector
24331
28
Driver License Examiner 1
24332
29
CDL Field Representative
168
Class No.
Pay Range
Title
24333
29
Driver License Examiner 2 (Lead Worker)
24341
29
Customer Service Specialist 1
24342
30
Customer Service Specialist 2
24351
28
Motor Vehicle Inspector
24411
29
Industrial Safety Inspector
24421
28
Breath Alcohol Testing Inspector
24431
28
Safety and Health Inspector 1
24432
29
Safety and Health Inspector 2
24433
30
Safety and Health Compliance Inspector
24441
32
Safety and Health Coordinator
24442
33
Safety and Health Consultant
24461
30
Radiation Safety Officer 1
24462
31
Radiation Safety Officer 2
24471
30
Industrial Safety Hygienist 1
24472
31
Industrial Safety Hygienist 2
24473
33
Industrial Safety Hygienist 3
24474
34
Industrial Safety Hygienist 4
24481
28
Industrial Safety Consultant 1
24482
29
Industrial Safety Consultant 2
24483
31
Industrial Safety Consultant 3
24484
33
Industrial Safety Consultant Specialist
24511
31
Ergonomist 1
24512
33
Ergonomist 2
24513
34
Ergonomist 3
24521
30
Occupational Safety & Hygiene Fellow
24710
31
Mine Rescue Operations Coordinator
24711
31
Mine Safety Inspector 1
24712
33
Mine Safety Inspector 2
24911
27
Racing Inspector
24921
30
Embalmer and Funeral Facility Inspector
26121
30
Criminal Investigator 1
26122
31
Criminal Investigator 2
26131
32
Mitigation Investigation Specialist
26181
27
Institutional Identification Officer
26210
27
Investigator Assistant
26211
31
Investigator
26221
32
Ethics Commission Special Investigator
26231
30
Underground Storage Tank Inspector
26251
30
Public Utilities Customer Service
169
Class No.
Pay Range
Title
Investigator
26271
30
Insurance Investigation Officer 1
26272
32
Insurance Investigation Officer 2
26273
33
Insurance Investigation Officer 3
26281
31
Wage & Hour Investigator
26291
32
Healthcare Investigator Specialist
26521
30
Fire Safety Inspector
26531
33
Fire & Explosion Investigation Bureau
Investigator
26560
29
Fire Training Equipment Technician
26591
07
Firefighter
26592
08
Lt. Firefighter
31562
29
Project Inspector 2
52421
07
Radio Technician 1
52422
09
Radio Technician 2
52511
28
Traffic Management Center Operator 1
52512
29
Traffic Management Center Operator 2
52513
30
Traffic Management Center Specialist
52611
28
Broadcasting Engineer
52641
07
Audio/Visual Specialist
52642
31
Audio/Visual Production Specialist
52643
32
Videographer
52661
31
Electronic Design Coordinator
52662
32
Electronic Design Specialist
52731
08
Printing Machine Operator
52741
31
Printing Standards Analyst
53771
06
Highway Technician 1
53772
07
Highway Technician 2
53773
08
Highway Technician 3M
53774
09
Highway Technician 4
53775
10
Highway Technician 5
53776
08
Highway Technician 3C/M
53781
07
Highway Technician Equipment Specialist
54571
30
Steam Engineer Examiner
66771
30
Insurance Licensing Examiner
67231
30
Insurance Complaint Analyst 1
67232
31
Insurance Complaint Analyst 2
67233
32
Insurance Compliant Analyst 3
69481
28
Social Services Licensing Specialist
170
Class No.
Pay Range
Title
82111
27
Graphic Artist
82121
28
Layout Design Artist
82210
29
Photographer
83250
27
Medical Laboratory Technician
83820
28
Geology Technician
84111
25
Drafting Technician 1
84112
27
Drafting Technician 2
84211
26
Survey Technician 1
84212
28
Survey Technician 2
84213
30
Survey Technician 3
84321
26
Materials Controller 1
84322
27
Materials Controller 2
84323
29
Materials Controller 3
84351
27
Project Inspector 1
84352
30
Project Inspector 2
84411
29
Electronic Technician
84421
29
Radiological Instrument Technician 1
84422
30
Radiological Instrument Technician 2
84423
31
Radiological Instrument Technician 3
85561
30
Surveyor 1
86111
24
Laboratory Technician 1
86112
27
Laboratory Technician 2
86113
27
Laboratory Technologist
86161
28
Veterinary Pathology Assistant
APPENDIX F
Classifications - Bargaining Unit 9
The following classifications, including any parenthetical subtitles,
are included in Bargaining Unit Nine (except for those positions which
are confidential, supervisory, managerial, fiduciary, or are on the staff of
the Governor): (NOTE: All classes numbered 30000 to 39999 are
holding classes.)
Class No.
Pay Range
Title
12121
27
Statistics Clerk
12131
04
Telephone Operator 1
12132
25
Telephone Operator 2
12141
24
Office Professional 1
12142
26
Office Professional 2
171
Class No.
Pay Range
Title
12311
27
Data Storage Technician 1
12312
28
Data Storage Technician 2
12321
04
Data Processor 1
12322
25
Data Processor 2
12323
26
Data Processor 3
12331
04
Data Entry Operator 1
12332
25
Data Entry Operator 2
12333
26
Data Entry Operator 3
12351
25
Data Control Technician 1
12352
26
Data Control Technician 2
12353
27
Data Control Technician 3
12361
24
Data Technician 1
12362
25
Data Technician 2
12370
25
Computer Operator 1
12371
26
Computer Operator 2
12372
28
Computer Operator 3
12373
29
Computer Operator 4
12374
30
Computer Operations Analyst
12421
25
Reproduction Equipment Operator 1
12422
27
Reproduction Equipment Operator 2
12441
27
State Records Technician 1
12442
28
State Records Technician 2
12721
28
Document Delivery Technician
12731
04
Mail Clerk/Messenger
12732
05
Mail Clerk/Screener
12821
28
Data Systems Scheduler 1
12822
29
Data Systems Scheduler 2
12823
31
Data Systems Scheduler 3
12824
32
Data Systems Scheduler 4
14711
03
Stores Clerk
14721
04
Mechanical Stores Clerk
14741
25
Storekeeper 1
14742
27
Storekeeper 2
14751
08
Dock Coordinator
16111
05
Cashier
16720
28
Workers’ Compensation Claims Assistant
16721
29
Workers’ Compensation Medical Claims
Specialist
16722
30
Workers’ Compensation Claims Specialist
16731
28
Provider Relations Representative 1
16732
30
Provider Relations Representative 2
172
Class No.
Pay Range
Title
16751
27
Unemployment Compensation Examiner 1
16752
29
Unemployment Compensation Examiner 2
16753
30
Unemployment Compensation
Examiner/Specialist 1
16754
32
Unemployment Compensation
Examiner/Specialist 2
16781
29
Auto Liability Claims Specialist 1
16782
30
Auto Liability Claims Specialist 2
16791
26
Claims Examiner 1
16792
27
Claims Examiner 2
16793
28
Claims Examiner 3
16794
29
Claims Examiner 4
16841
27
Certification/Licensure Examiner 1
16842
28
Certification/Licensure Examiner 2
16851
29
Customer Service Associate
16871
27
Administrative Professional 1
16872
28
Administrative Professional 2
16873
30
Administrative Professional 3
17221
28
Health Financial Resource Specialist
18311
25
Library Assistant 1
18312
27
Library Assistant 2
26261
32
BWC Fraud Investigator
26262
33
BWC Fraud Analyst
26941
26
Watercraft Records Specialist 1
26942
28
Watercraft Records Specialist 2
26951
28
Watercraft Registration Agent 1
26952
29
Watercraft Registration Agent 2
33292
29
Workers’ Compensation Claims
Representative 2
33294
31
Workers’ Compensation Claims
Representative 4
33411
29
BWC Customer Service Representative
52411
08
Telecommunications Technician 1
52412
10
Telecommunications Technician 2
52413
11
Telecommunications Technician
Coordinator
52431
06
Radio Operator
52441
05
Radio Dispatcher
52521
29
Telecommunications Operator 1
52522
29
Telecommunications Operator 2
52760
29
Printing Coordinator
173
Class No.
Pay Range
Title
63521
28
BWC Employer Service Representative
64224
31
Employment Services Coordinator
64281
29
Customer Service Representative
64282
29
Customer Service Disabled Veterans
Outreach Specialist
64283
29
Customer Service Veterans Employment
Representative
64284
30
Customer Service Specialist
64341
04
Tour Guide
64431
27
Customer Service Assistant 1
64432
28
Customer Service Assistant 2
64433
29
Customer Service Assistant 3
64451
28
BWC Customer Service Representative
64481
28
Benefits Customer Service Representative
64551
26
Inventory Control Specialist 1
64681
27
Employee Benefits Coordinator 1
66111
26
Accountant/Examiner 1
66112
28
Accountant/Examiner 2
66391
31
Account Executive
66431
31
Workers’ Compensation External Auditor
66521
28
Shared Services Associate
69511
29
Veterans Benefits Coordinator
84361
26
Technical Writer 1
84362
28
Technical Writer 2
84371
26
Engineering Clerk
84571
26
Permit Technician 1
84572
30
Permit Technician 2
APPENDIX G
Classifications - Bargaining Unit 13
The following classifications, including any parenthetical subtitles,
are included in Bargaining Unit Thirteen (except for those positions
which are supervisory or managerial): (NOTE: All classes numbered
30000 to 39999 are holding classes.)
Class No.
Pay Range
Title
22212
27
Wildlife Area Technician
22213
28
Wildlife Area Coordinator
22222
29
Fish Management Unit Leader
22232
29
Fish Hatchery Coordinator
174
Class No.
Pay Range
Title
22271
30
Fisheries Biologist 1
22272
31
Fisheries Biologist 2
22281
30
Wildlife Biologist 1
22282
31
Wildlife Biologist 2
22321
28
Forestry Technician
22322
30
Forester
22540
26
Naturalist Aide
22541
28
Naturalist
22851
30
Wildlife Management Consultant
63281
30
Facilities Planner
65731
32
Sanitarian Program Specialist 1
65732
33
Sanitarian Program Specialist 2
65761
29
Epidemiology Investigator 1
65762
32
Epidemiology Investigator 2
65763
33
Epidemiology Investigator 3
65931
36
Veterinary Pathologist
65951
31
Histotechnologist
66361
35
Energy Specialist
66951
33
Utility Specialist 1
66952
34
Utility Specialist 2
66953
35
Utility Specialist 3
83261
32
Public Health Entomologist
83291
29
Laboratory Scientist 1
83292
31
Laboratory Scientist 2
83293
32
Laboratory Scientist 3
83451
28
Ecological Analyst 1
83452
30
Ecological Analyst 2
83811
31
Soils Resource Specialist
83821
29
Geologist 1
83822
31
Geologist 2
83823
32
Geologist 3
83824
33
Geologist 4
83831
27
Horticulturist 1
83832
28
Horticulturist 2
84642
31
Health Physicist
84643
33
Senior Health Physicist
85110
30
Designer 1
85111
32
Designer 2
85113
34
Architect
85211
34
Plans Examiner
175
Class No.
Pay Range
Title
85311
28
Planner 1
85312
30
Planner 2
85313
32
Planner 3
85421
31
Design Engineer 1
85422
33
Design Engineer 2
85562
31
Surveyor 2
85563
33
Surveyor 3
85641
32
Transportation Engineer 1
85642
33
Transportation Engineer 2
85712
32
Environmental Engineer 2
85721
32
Air Quality Engineer 1
85760
31
Natural Resources Engineer Intern
85761
32
Natural Resources Engineer 1
85762
33
Natural Resources Engineer 2
85763
31
Natural Resources Engineer Design
Technician 1
85764
33
Natural Resources Engineer Design
Technician 2
85765
31
Natural Resources Engineer Technician 1
85766
32
Natural Resources Engineer Technician 2
85821
30
Design Specialist 1
85822
31
Design Specialist 2
85823
33
Design Specialist 3
85824
34
Design Specialist 4
85831
31
Construction Project Specialist 1
85833
32
Construction Project Specialist 2
85834
33
Construction Project Specialist 3
85835
34
Construction Project Specialist 4
85851
31
Bridge Specialist 1
85852
32
Bridge Specialist 2
85861
31
Environmental Specialist 1
85862
32
Environmental Specialist 2
85863
33
Environmental Specialist 3
85864
34
Environmental Specialist 4
85871
31
Transportation Technical Specialist
85873
32
Transportation Technician 1
85874
33
Transportation Technician 2
85875
34
Transportation Technician 3
86141
33
Criminalist
86150
29
Evidence Intake Technician
176
APPENDIX H
Classifications - Bargaining Unit 14
The following classifications, including any parenthetical subtitles,
are included in Bargaining Unit Fourteen (except for those positions
which are confidential, supervisory, managerial, fiduciary or are on the
staff of the Governor): (NOTE: All classes numbered 30000 to 39999
are holding classes.)
Class No.
Pay Range
Title
12391
28
Data Systems Coordinator 1
12392
29
Data Systems Coordinator 2
16521
30
State Payroll Specialist 1
16522
31
State Payroll Specialist 2
16761
29
Disability Claims Development Analyst
16762
30
Disability Claims Adjudicator
16763
31
Senior Disability Claims Adjudicator
16764
32
Disability Claims Specialist
22191
30
Wildlife Communications Specialist
22192
31
Wildlife Communications Coordinator
24320
28
Motor Vehicle Investigator Associate
24321
30
Motor Vehicle Investigator
24951
35
Aviator
26541
28
Fire Safety Educator 1
26542
30
Fire Safety Educator 2
26561
30
Fire Training Officer 1
26562
31
Fire Training Officer 2
32382
35
Data Security Analyst 2
46131
26
Lottery Game Security Specialist
52490
30
Telecommunications Service Request
Coordinator
52491
34
Telecommunications Analyst 1
52492
35
Telecommunications Analyst 2
53221
32
Regional Equipment Training Specialist
63151
28
Publication Specialist 1
63152
30
Publication Specialist 2
63161
28
Grants Coordinator 1
63162
30
Grants Coordinator 2
63211
30
Management Analyst
63231
28
Correction Records Management Officer
63232
29
Correction Records Sentence
177
Class No.
Pay Range
Title
Computation/Release Officer
63261
32
Budget Analyst
63262
33
Senior Budget Analyst
63271
27
Records Management Officer
63280
28
Space Planner
63291
30
State Records Management Analyst
63311
28
Business Services Officer
63361
29
Deputy Registrar Field Representative
63481
33
Civil Rights Alternative Dispute
Resolution Mediator
63510
29
Assistant Liaison Officer
63511
33
Liaison Officer 1
63711
33
Parole Board/Release Authority Hearing
Officer
63810
27
Paralegal/Legal Assistant 1
63811
29
Paralegal/Legal Assistant 2
63821
27
Hearing Assistant
63840
28
Legal Intern
63841
30
Law Clerk
63842
31
Attorney 1
63843
32
Attorney 2
63844
33
Attorney 3
63881
34
Utilities Attorney Examiner 1
63882
35
Utilities Attorney Examiner 2
63922
35
Industrial Commission District Hearing
Officer
63923
36
Industrial Commission Staff Officer
63951
34
UC Administrative Hearing Officer
63961
34
Board of Tax Appeals Hearing Officer
63971
32
Human Services Hearing Officer 1
63972
33
Human Services Hearing Officer 2
63981
34
BWC Attorney 1
63982
35
BWC Attorney 2
64161
35
Information Technology Consultant 1
64171
34
Computer Acquisition Analyst 1
64172
35
Computer Acquisition Analyst 2
64173
36
Computer Acquisition Analyst 3
64331
29
Cancer Registrar
64361
27
Health Information Technician 1
64362
29
Health Information Technician 2
64411
27
Information Writer 1
178
Class No.
Pay Range
Title
64412
29
Information Writer 2
64413
31
Publications Editor
64420
30
Public Information Specialist
64461
31
Environmental Public Information Officer
64511
27
Sourcing Associate
64512
28
Sourcing Analyst
64513
31
Senior Sourcing Analyst
64514
33
Sourcing Planner
64530
27
State Purchasing Assistant
64531
28
State Purchasing Specialist
64533
32
State Purchasing Procurement Support
Analyst
64534
32
State Purchasing Standards Analyst
64535
33
State Procurement Analyst
64552
28
Inventory Control Specialist 2
64561
29
Penal Industries Sales Representative
64571
30
Business Enterprise Specialist
64581
30
Lottery Ticket Sales Representative 1
64582
31
Lottery Ticket Sales Representative 2
64591
32
WIC Vendor Specialist
64651
28
Trainer
64652
31
Training Officer
64671
28
Personnel Testing Specialist 1
64672
30
Personnel Testing Specialist 2
64673
32
Personnel Testing Specialist 3
64691
34
Technology-Based Training Developer
64711
30
Criminal Justice Planning Specialist
64712
31
Criminal Justice Planner
64721
32
Criminal Justice Field Representative
64731
32
Jail Inspector
64811
28
Fine Arts Specialist 1
64812
30
Fine Arts Specialist 2
64813
32
Fine Arts Specialist 3
64911
29
Disaster Services Consultant 1
64912
32
Disaster Services Consultant 2
65221
30
Mental Health Administrator 1
65250
30
Benefits Management Representative
65261
32
Social Sciences Research Analyst
65262
33
Social Sciences Research Specialist
66113
30
Accountant/Examiner 3
179
Class No.
Pay Range
Title
66114
31
Accountant/Examiner 4
66140
29
Financial Institution Examiner Trainee
66141
30
Financial Institution Examiner 1
66142
31
Financial Institution Examiner 2
66143
33
Financial Institution Examiner 3
66144
34
Financial Institution Examiner 4
66145
35
Financial Institution Examiner 5
66161
28
Utility Auditor 1
66162
30
Utility Auditor 2
66163
32
Utility Auditor Coordinator
66191
31
Provider Reimbursement Analyst 1
66192
32
Provider Reimbursement Analyst 2
66221
27
State Accounting Financial Analyst 1
66222
29
State Accounting Financial Analyst 2
66223
31
State Accounting Financial Analyst 3
66241
28
Bond Accountant 1
66242
30
Bond Accountant 2
66243
31
Bond Accountant 3
66244
32
Bond Accountant Coordinator
66331
28
Labor Market Analyst 1
66332
30
Labor Market Analyst 2
66333
31
Labor Market Analyst 3
66381
32
Community Development Analyst
66411
31
Internal Auditor 1
66412
32
Internal Auditor 2
66413
33
Internal Auditor 3
66421
30
Internal EDP Auditor 1
66422
34
Internal EDP Auditor 2
66432
31
Employee Service Specialist
66441
30
Unclaimed Funds Auditor 1
66442
31
Unclaimed Funds Auditor 2
66443
32
Unclaimed Funds Auditor 3
66444
33
Unclaimed Funds Auditor 4
66451
30
Consumer Finance Examiner 1
66452
31
Consumer Finance Examiner 2
66453
33
Consumer Finance Examiner 3
66454
34
Consumer Finance Examiner 4
66461
31
External Auditor 1
66462
32
External Auditor 2
66463
33
External Auditor 3
180
Class No.
Pay Range
Title
66483
32
Internal Auditor
66484
32
IT Internal Auditor
36482
33
Senior Internal Auditor
66551
30
Contract Evaluator/Negotiator
66561
28
Financial Associate
66562
30
Financial Analyst
66563
32
Senior Financial Analyst
66591
31
Securities Specialist 1
66592
32
Securities Specialist 2
66593
33
Securities Specialist 3
66594
34
Securities Specialist 4
66611
31
Securities Analyst 1
66612
32
Securities Analyst 2
66613
33
Securities Analyst 3
66614
34
Securities Analyst 4
66711
32
Workers’ Compensation Actuarial
Assistant 1
66712
34
Workers’ Compensation Actuarial
Assistant 2
66722
32
Insurance Examiner/Analyst
66731
31
Insurance Actuarial Analyst 1
66732
33
Insurance Actuarial Analyst 2
66733
35
Insurance Actuarial Analyst 3
66734
36
Insurance Actuarial Analyst 4
66741
31
Insurance Contract Analyst 1
66742
32
Insurance Contract Analyst 2
66743
33
Insurance Contract Analyst 3
66744
34
Insurance Contract Analyst 4
66745
35
Insurance Contract Analyst 5
66791
31
Workers’ Compensation Underwriter
66811
29
Tax Examiner Associate
66812
31
Tax Examiner
66813
33
Tax Examiner Specialist
66911
29
Statistician 1
66912
30
Statistician 2
66921
28
Researcher 1
66922
30
Researcher 2
66923
32
Researcher 3
66941
28
Utility Rate Analyst 1
66942
30
Utility Rate Analyst 2
181
Class No.
Pay Range
Title
66943
32
Utility Rate Analyst Coordinator
66971
29
Energy Analyst 1
66972
32
Energy Analyst 2
66973
33
Energy Program Developer
66931
33
Data Analytics Specialist
66981
32
Demographer
67111
33
Telecommunications Systems Analyst 1
67212
32
Insurance Compliance Examiner 2
67213
33
Insurance Compliance Examiner 3
67221
33
Insurance Examination Data Specialist
67321
30
Housing Grant Analyst 1
67322
32
Housing Grant Analyst 2
67323
33
Housing Grant Analyst 3
67331
31
Housing Development Analyst
67351
28
Housing Examiner Trainee
67352
31
Housing Examiner
67411
33
Forensic Computer Specialist 1
67412
34
Forensic Computer Specialist 2
67421
32
Forensic Specialist
69111
29
Civil Rights Investigator 1
69112
31
Civil Rights Investigator 2
69131
27
EEO Technician
69132
30
EEO Officer
69160
28
EEO Contract/Program Technician
69161
30
EEO Contract/Program Officer
69162
31
EEO Contract/Program Coordinator
69163
32
EEO Contract/Program Specialist
69191
30
Minority Procurement Analyst 1
69192
32
Minority Procurement Analyst 2
69193
32
Minority Procurement Coordinator
69471
32
Case Management Analyst
69604
E3
Education Program Specialist
69691
32
Veterans Benefits Educational Consultant
69910
29
Information Technology Apprentice
69921
30
Information Technologist 1
69922
32
Information Technologist 2
69923
33
Information Technologist 3
69931
33
Infrastructure Specialist 1
69932
34
Infrastructure Specialist 2
69933
35
Infrastructure Specialist 3
182
Class No.
Pay Range
Title
69934
36
Infrastructure Specialist 4
69941
33
Software Development Specialist 1
69942
34
Software Development Specialist 2
69943
35
Software Development Specialist 3
69944
36
Software Development Specialist 4
69951
33
Database Administration Specialist 1
69952
35
Database Administration Specialist 2
69953
36
Database Administration Specialist 3
69961
33
Business Process Analyst 1
69962
35
Business Process Analyst 2
69963
36
Business Process Analyst 3
69971
36
IT Architect/Consultant 1
69981
35
Enterprise Security Professional 1
69982
36
Enterprise Security Professional 2
84521
28
Realty Specialist 1
84522
30
Realty Specialist 2
84523
31
Realty Specialist 3
84581
29
Utilities Relocation Technician 1
84582
30
Utilities Relocation Technician 2
84583
31
Utilities Relocation Technician 3
84592
31
Real Estate Specialist
85671
29
GIMS Technician 1
85672
30
GIMS Technician 2
85771
30
GIMS Specialist 1
85772
32
GIMS Specialist 2
APPENDIX I
Classification Groupings - Bargaining Unit 3
(NOTE: All classes numbered 30000 to 39999 are holding classes.)
Class No.
Pay Range
Title
1.
44141
27
Psychiatric Attendant
44142
28
Psychiatric Attendant Coordinator
46111
25
Security Officer 1
46112
26
Security Officer 2
2.
46111
25
Security Officer 1
46112
26
Security Officer 2
46514
28
Juvenile Correctional Officer
46611
07
Youth Leader (Blind/Deaf School)
3.
46111
25
Security Officer 1
183
Class No.
Pay Range
Title
46112
26
Security Officer 2
46531
28
Correction Officer
46532
29
Correction Sergeant/Counselor
46541
08
Correctional Farm Coordinator (see
also Unit 6, Group 4)
4.
22591
27
Shooting Range Attendant
46111
25
Security Officer 1
46112
26
Security Officer 2
46131
26
Lottery Game Security Specialist (see
also Unit 14, Group 3d)
Classification Groupings - Bargaining Unit 4
Class No.
Pay Range
Title
1.
44171
27
Certified Peer Recovery Supporter
44731
27
Community Adjustment Trainer
(see also Unit 4, Group 3)
2.
18111
03
Children’s Teacher Aide 1
18112
04
Children’s Teacher Aide 2
18113
25
Children’s Teacher Aide 3
18121
26
Adult Teacher Aide 1
18122
27
Adult Teacher Aide 2
18123
28
Adult Teacher Aide 3
3.**
44111
04
Hospital Aide
44112
05
Therapeutic Program Worker
44113
26
Hospital Aide Coordinator 1
44114
27
Hospital Aide Coordinator 2
44161
10
Licensed Practical Nurse
44162
10
Licensed Practical Nurse (MDS)
44731
27
Community Adjustment Trainer
(see also Unit 4, Group 1)
4.**
18531
04
Recreation Aide
44210
04
Activities Aide
44211
26
General Activities Therapist 1
44212
27
General Activities Therapist 2
44213
27
Activity Therapist Specialist 1
44214
29
Activity Therapist Specialist 2
5.
65313
29
Paramedic
86121
27
Phlebotomist
6.
44111
04
Hospital Aide*
184
Class No.
Pay Range
Title
86313
27
Dental Assistant
7.
44111
04
Hospital Aide*
8.
86331
29
EEG/EKG Technician
9.
44111
04
Hospital Aide*
10.
Reserved for Future Use
11.
44260
26
Therapy Aide
44261
28
Licensed Physical Therapy
Assistant
44310
29
Occupational Therapy Assistant
*Only those Dental Techs, EEG Techs, Cosmetologists or Barbers who
have previously held a Hospital Aide position can bump back to a
Hospital Aide.
**Refer to Section 18.10
Classification Groupings - Bargaining Unit 5
Class No.
Pay Range
Title
1.
42111
02
Custodial Worker
2.
42341
01
Food Service Worker
42351
03
Cook 1
42352
05
Cook 2
42411
04
Food Service Coordinator 1
42412
06
Food Service Coordinator 2
42451
28
Correctional Food Service
Coordinator 1
3.
42521
01
Laundry Worker
42541
28
Correctional Laundry Coordinator
4.
14211
04
Commissary Worker 1 (see also Unit
9, Group 3)
14212
06
Commissary Worker 2 (see also Unit
9, Group 3)
16111
05
Cashier (see also Unit 9, Group 3)
Classification Groupings - Bargaining Unit 6
Class No.
Pay Range
Title
1.
22221
27
Fish Management Technician (see
also Unit 13, Group 3)
22232
29
Fish Hatchery Coordinator (see also
Unit 13, Group 3)
185
22280
28
Wildlife Research Technician (see
also Unit 13, Group 2)
22411
28
Preserve Manager Aide
22560
24
Campground Attendant
22565
27
Campground Coordinator 1
22566
28
Campground Coordinator 2
22621
03
Natural Resources Technician 1
22622
05
Natural Resources Technician 2
22623
07
Natural Resources Technician 3
53811
02
Laborer (see also Unit 6, Group 18)
53813
04
Laborer Crew Leader (see also Unit
6, Group 18)
2.
53611
04
Groundskeeper 1
53612
05
Groundskeeper 2
53613
06
Groundskeeper 3
3.
46551
28
Penal Workshop Specialist
46552
29
Penal Workshop Quality Control
Specialist
4.
46541
08
Correctional Farm Coordinator (see
also Unit 3, Group 3)
5.
52111
06
Auto Body Repair Worker 1
52112
08
Auto Body Repair Worker 2
52130
02
Auto Service Worker
52131
05
Auto Mechanic 1
52132
07
Auto Mechanic 2
52133
09
Auto Technician
52141
06
Motor Fleet Coordinator
52142
07
Motor Fleet Coordinator Specialist
6.
52241
07
Carpenter 1
52242
08
Carpenter 2
52251
07
Painter 1
52252
08
Painter 2
52261
07
Plumber 1 (see also Unit 6, Group 7)
52262
08
Plumber 2 (see also Unit 6, Group 7)
52271
07
Sheet Metal Worker 1
52272
08
Sheet Metal Worker 2
52281
07
Electrician 1
52282
08
Electrician 2
52291
08
Air Quality Technician 1
52292
09
Air Quality Technician 2
52311
07
Machinist 1
52312
08
Machinist 2
186
52321
06
Welder 1
52322
07
Welder 2
52861
08
Locksmith
53111
04
Maintenance Repair Worker 1
53112
05
Maintenance Repair Worker 2
53113
07
Maintenance Repair Worker 3
53161
07
Facility Maintenance Specialist 1
53162
09
Facility Maintenance Specialist 2
53163
11
Facility Maintenance Specialist 3
7.
52231
07
Steam Fitter 1
52232
08
Steam Fitter 2
52261
07
Plumber 1 (see also Unit 6, Group 6)
52262
08
Plumber 2 (see also Unit 6, Group 6)
8.
54531
08
Stationary Engineer 1
54532
09
Stationary Engineer 2
54542
06
Boiler Operator
9.
54610
06
Treatment Plant Aide
54611
06
Treatment Plant Operator-in-Training
54612
08
Treatment Plant Operator
54613
09
Treatment Plant Coordinator 1
54614
31
Treatment Plant Coordinator 2
10.
52851
06
Tailor
11.
52821
27
Exploratory Drill Operator 1
52822
29
Exploratory Drill Operator 2
53211
05
Highway Maintenance Worker 1
53212
06
Highway Maintenance Worker 2
53213
07
Highway Maintenance Worker 3
53214
08
Highway Maintenance Worker 4
53231
07
Bridge Worker 1
53232
08
Bridge Worker 2
53241
05
Routemarker 1
53242
08
Routemarker 2
53261
28
Soils Foundation Technician
53411
08
Sign Fabrication Technician
54411
05
Equipment Operator 1 (see also Unit
6, Group 12)
54412
06
Equipment Operator 2 (see also Unit
6, Group 12)
54413
07
Equipment Operator 3 (see also Unit
6, Group 12)
54414
07
Equipment Operator 4 (see also Unit
187
Classification Groupings - Bargaining Unit 7
Class No.
Pay Range
Title
1.
21111
31
Animal Health Inspector
21131
31
Agriculture Environment Inspector
2.
21181
31
Plant Inspector
3.
Reserved for Future Use
4.
21230
28
Meat Inspector Trainee
21231
30
Meat Inspector
21291
31
Food Safety Specialist 1
21292
32
Food Safety Specialist 2
6, Group 12)
12.
54421
06
Dredge Operator 1
54422
07
Dredge Operator 2
54411
05
Equipment Operator 1 (see also Unit
6, Group 11)
54412
06
Equipment Operator 2 (see also Unit
6, Group 11)
54413
07
Equipment Operator 3 (see also Unit
6, Group 11)
54414
07
Equipment Operator 4 (see also Unit
6, Group 11)
13.
53322
08
Traffic Signal Technician 1
53323
10
Traffic Signal Technician 2
53324
11
Intelligent Transportation System
Specialist
14.
53821
05
Delivery Worker
53851
08
Lottery Delivery Worker
54441
04
Vehicle Operator 1
54442
06
Vehicle Operator 2
15.
54211
06
Aircraft Attendant
54221
11
Aircraft Maintenance Technician
16.
54461
31
Research Vessel Operator
17.
Reserved for Future Use
18.
52341
11
Lab Machinist
52351
08
Adaptive Equipment Technician
53811
02
Laborer (see also Unit 6, Group 1)
53813
04
Laborer Crew Leader (see also Unit
6, Group 1)
53831
04
Mover 1
53832
07
Mover 2
188
Class No.
Pay Range
Title
5.
21582
30
Amusement Ride and Game
Inspector
21583
31
Amusement Ride and Game Lead
Inspector
6.
21251
28
Weights and Measures Inspector 1
21252
29
Weights and Measures Inspector 2
21253
30
Weights and Measures Technologist
7.
21511
29
Cosmetology/Barber Inspector
8.
21531
31
Medical Board Compliance Officer
21541
32
Medical Board Investigator
21551
30
Pharmacy Board Inspector
21561
33
Pharmacy Board Agent
21591
32
Dental Board Enforcement Officer
21621
32
Nursing Board Enforcement Agent
9.
23161
31
Hazardous Materials Investigation
Specialist 1 (see also Unit 7, Group
11, 29; Unit 13, Group 15)
23162
33
Hazardous Materials Investigation
Specialist 2 (see also Unit 7, Group
11, 29; Unit 13, Group 15)
23111
29
Motor Carrier Enforcement Inspector
10.
23121
30
Public Utilities Transportation
Examiner
11.
23131
33
Water/Wastewater Service Quality
Coordinator
23161
31
Hazardous Materials Investigation
Specialist 1 (see also Unit 7, Group
9, 29; Unit 13, Group 15)
23162
33
Hazardous Materials Investigation
Specialist 2 (see also Unit 7, Group
9, 29; Unit 13, Group 15)
23181
33
Public Utilities Gas Pipeline Safety
Compliance Investigator
23191
33
Public Utilities Electric Compliance
Coordinator
26251
30
Public Utilities Customer Service
Investigator (see also Unit 7, Group
27)
12.
23311
29
Railroad Inspector 1
23312
31
Railroad Inspector 2
23313
32
Railroad Inspector 3
189
Class No.
Pay Range
Title
13.
Reserved for Future Use
14.
24120
30
Interim Boiler Inspector
24121
31
Boiler Inspector
24123
32
Nuclear Boiler Inspector
15.
24130
28
Electrical Safety Inspector Trainee
24131
31
Electrical Safety Inspector
16.
24140
29
Elevator Inspector Trainee
24141
32
Elevator Inspector
17.
24161
28
Plumbing Inspector 1
24162
31
Plumbing Inspector 2
18.
24311
27
Stationary Load Limit Inspector
24312
28
Portable Load Limit Inspector
24320
28
Motor Vehicle Investigator Associate
(see also Unit 14, Group 18)
24321
30
Motor Vehicle Investigator (see also
Unit 14, Group 18)
24351
28
Motor Vehicle Inspector
19.
24331
28
Driver License Examiner 1
24332
29
CDL Field Representative
24333
29
Driver License Examiner 2 (Lead
Worker)
24341
29
Customer Service Specialist 1
24342
30
Customer Service Specialist 2
20.
24411
29
Industrial Safety Inspector
21.
24421
28
Breath Alcohol Testing Inspector
24431
28
Safety and Health Inspector 1
24432
29
Safety and Health Inspector 2
24433
30
Safety and Health Compliance
Inspector
24441
32
Safety and Health Coordinator
24442
33
Safety and Health Consultant
24471
30
Industrial Safety Hygienist 1 (see
also Unit 7, Group 22)
24472
31
Industrial Safety Hygienist 2 (see
also Unit 7, Group 22)
24473
33
Industrial Safety Hygienist 3 (see
also Unit 7, Group 22)
24474
34
Industrial Safety Hygienist 4 (see
also Unit 7, Group 22)
24481
28
Industrial Safety Consultant 1 (see
also Unit 7, Group 22)
190
Class No.
Pay Range
Title
24482
29
Industrial Safety Consultant 2 (see
also Unit 7, Group 22)
24483
31
Industrial Safety Consultant 3 (see
also Unit 7, Group 22)
24484
33
Industrial Safety Consultant
Specialist (see also Unit 7, Group 22)
24511
31
Ergonomist 1 (see also Unit 7, Group
22)
24512
33
Ergonomist 2 (see also Unit 7, Group
22)
24513
34
Ergonomist 3 (see also Unit 7, Group
22)
26281
31
Wage & Hour Investigator
22.
24471
30
Industrial Safety Hygienist 1 (see
also Unit 7, Group 21)
24472
31
Industrial Safety Hygienist 2 (see
also Unit 7, Group 21)
24473
33
Industrial Safety Hygienist 3 (see
also Unit 7, Group 21)
24474
34
Industrial Safety Hygienist 4 (see
also Unit 7, Group 21)
24481
28
Industrial Safety Consultant 1 (see
also Unit 7, Group 21)
24482
29
Industrial Safety Consultant 2 (see
also Unit 7, Group 21)
24483
31
Industrial Safety Consultant 3 (see
also Unit 7, Group 21)
24484
33
Industrial Safety Consultant
Specialist (see also Unit 7, Group 21)
24511
31
Ergonomist 1 (see also Unit 7, Group
21)
24512
33
Ergonomist 2 (see also Unit 7, Group
21)
24513
34
Ergonomist 3 (see also Unit 7, Group
21)
23.
24710
31
Mine Rescue Operations Coordinator
24711
31
Mine Safety Inspector 1
24712
33
Mine Safety Inspector 2
24.
22931
30
Mineral Resources Inspector 1
22932
31
Mineral Resources Inspector 2
22933
32
Mineral Resources Inspector 3
191
Class No.
Pay Range
Title
25.
24911
27
Racing Inspector
26.
24921
30
Embalmer and Funeral Facility
Inspector
27.
21311
31
Agriculture Enforcement Agent
21681
32
Chiropractic Board Enforcement
Investigator
26121
30
Criminal Investigator 1
26122
31
Criminal Investigator 2
26131
32
Mitigation Investigation Specialist
26181
27
Institutional Identification Officer
26210
27
Investigator Assistant
26211
31
Investigator
26221
32
Ethics Commission Special
Investigator
26251
30
Public Utilities Customer Service
Investigator (see also Unit 7, Group
11)
26291
32
Healthcare Investigator Specialist
28.
26271
30
Insurance Investigation Officer 1
26272
32
Insurance Investigation Officer 2
26273
33
Insurance Investigation Officer 3
66771
30
Insurance Licensing Examiner
67231
30
Insurance Complaint Analyst 1
67232
31
Insurance Complaint Analyst 2
67233
32
Insurance Complaint Analyst 3
29.
23161
31
Hazardous Materials Investigation
Specialist 1 (see also Unit 7, Group 9
11; Unit 13, Group 15)
23162
33
Hazardous Materials Investigation
Specialist 2 (see also Unit 7, Group 9
11; Unit 13, Group 15)
26231
30
Underground Storage Tank Inspector
26521
30
Fire Safety Inspector
26531
33
Fire and Explosion Investigation
Bureau Investigator
26541
28
Fire Safety Educator 1 (see also Unit
14, Group 18)
26542
30
Fire Safety Educator 2 (see also Unit
14, Group 18)
26560
29
Fire Training Equipment Technician
26561
30
Fire Training Officer 1 (see also Unit
192
Class No.
Pay Range
Title
14, Group 18)
26562
31
Fire Training Officer 2 (see also Unit
14, Group 18)
30.
52421
07
Radio Technician 1
52422
09
Radio Technician 2
31.
52611
28
Broadcasting Engineer
52642
31
Audio/Visual Production Specialist
(see also Unit 13, Group 17)
52643
32
Videographer
32.
52641
07
Audio/Visual Specialist
33.
52731
08
Printing Machine Operator
52741
31
Printing Standards Analyst
52760
29
Printing Coordinator (see also Unit 9,
Group 11)
34.
Reserved for Future Use
35.
69481
28
Social Services Licensing Specialist
36.
52661
31
Electronic Design Coordinator
52662
32
Electronic Design Specialist
82111
27
Graphic Artist
82121
29
Layout Design Artist
37.
82210
29
Photographer
38.
Reserved for Future Use
39.
84111
25
Drafting Technician 1
84112
27
Drafting Technician 2
85821
30
Design Specialist 1 (see also Unit 7,
Group 41, 42; Unit 13, Group 22)
85822
31
Design Specialist 2 (see also Unit 7,
Group 41, 42; Unit 13, Group 22)
85823
33
Design Specialist 3 (see also Unit 7,
Group 41, 42; Unit 13, Group 22)
85824
34
Design Specialist 4 (see also Unit 7,
Group 41, 42; Unit 13, Group 22)
85831
31
Construction Project Specialist 1 (see
also Unit 7, Group 41, 42; Unit 13,
Group 22)
85833
32
Construction Project Specialist 2 (see
also Unit 7, Group 41, 42; Unit 13,
Group 22)
85834
33
Construction Project Specialist 3 (see
also Unit 7, Group 41, 42; Unit 13,
Group 22)
193
Class No.
Pay Range
Title
85835
34
Construction Project Specialist 4 (see
also Unit 7, Group 41, 42; Unit 13,
Group 22)
85851
31
Bridge Specialist 1 (see also Unit 7,
Group 41, 42; Unit 13, Group 20, 22)
85852
32
Bridge Specialist 2 (see also Unit 7,
Group 41, 42; Unit 13, Group 20, 22)
85871
31
Transportation Technical Specialist
(see also Unit 7, Group 41, 42; Unit
13, Group 22)
85873
32
Transportation Technician 1 (see also
Unit 7, Group 41, 42; Unit 13, Group
22)
85874
33
Transportation Technician 2 (see also
Unit 7, Group 41, 42; Unit 13, Group
22)
85875
34
Transportation Technician 3 (see also
Unit 7, Group 41, 42; Unit 13, Group
22)
40.
Reserved for Future Use
41.
84211
26
Survey Technician 1
84212
28
Survey Technician 2
84213
30
Survey Technician 3
85561
30
Surveyor 1 (see also Unit 13, Group
7)
85821
30
Design Specialist 1 (see also Unit 7,
Group 39, 42; Unit 13, Group 22)
85822
31
Design Specialist 2 (see also Unit 7,
Group 39, 42; Unit 13, Group 22)
85823
33
Design Specialist 3 (see also Unit 7,
Group 39, 42; Unit 13, Group 22)
85824
34
Design Specialist 4 (see also Unit 7,
Group 39, 42; Unit 13, Group 22)
85831
31
Construction Project Specialist 1 (see
also Unit 7, Group 39, 42; Unit 13,
Group 22)
85833
32
Construction Project Specialist 2 (see
also Unit 7, Group 39, 42; Unit 13,
Group 22)
194
Class No.
Pay Range
Title
85834
33
Construction Project Specialist 3 (see
also Unit 7, Group 39, 42; Unit 3,
Group 22)
85835
34
Construction Project Specialist 4 (see
also Unit 7, Group 39, 42; Unit 13,
Group 22)
85851
31
Bridge Specialist 1 (see also Unit 7,
Group 39, 42; Unit 13, Group 20, 22)
85852
32
Bridge Specialist 2 (see also Unit 7,
Group 39, 42; Unit 13, Group 20, 22)
85871
31
Transportation Technical Specialist
(see also Unit 7, Group 39, 42; Unit
13, Group 22)
85872
32
Transportation Technician 1 (see also
Unit 7, Group 39, 42; Unit 13, Group
22)
85874
33
Transportation Technician 2 (see also
Unit 7, Group 39, 42; Unit 13, Group
22)
85875
34
Transportation Technician 3 (see also
Unit 7, Group 39, 42; Unit 13, Group
22)
42.
31562
26
Project Inspector 2
84321
26
Materials Controller 1
84322
27
Materials Controller 2
84323
29
Materials Controller 3
84351
27
Project Inspector 1
84352
30
Project Inspector 2
85821
30
Design Specialist 1 (see also Unit 7,
Group 39, 41; Unit 13, Group 22)
85822
31
Design Specialist 2 (see also Unit 7,
Group 39, 41; Unit 13, Group 22)
85823
33
Design Specialist 3 (see also Unit 7,
Group 39, 41; Unit 13, Group 22)
85824
34
Design Specialist 4 (see also Unit 7,
Group 39, 41; Unit 13, Group 22)
85831
31
Construction Project Specialist 1 (see
also Unit 7, Group 39, 41; Unit 13,
Group 22)
85833
32
Construction Project Specialist 2 (see
also Unit 7, Group 39, 41; Unit 13,
195
Class No.
Pay Range
Title
Group 22)
85834
33
Construction Project Specialist 3 (see
also Unit 7, Group 39, 41; Unit 13,
Group 22)
85835
34
Construction Project Specialist 4 (see
also Unit 7, Group 39, 41; Unit 13,
Group 22)
85851
31
Bridge Specialist 1 (see also Unit 7,
Group 39, 41; Unit 13, Group 22)
85852
32
Bridge Specialist 2 (see also Unit 7,
Group 39, 41; Unit 13, Group 22)
85871
31
Transportation Technical Specialist
(see also Unit 7, Group 39, 41; Unit
13, Group 22)
85873
32
Transportation Technician 1 (see also
Unit 7, Group 39, 41; Unit 13, Group
22)
85874
33
Transportation Technician 2 (see also
Unit 7, Group 39, 41; Unit 13, Group
22)
85875
34
Transportation Technician 3 (see also
Unit 7, Group 39, 41; Unit 13, Group
22)
43.
84411
29
Electronic Technician
44.
85861
31
Environmental Specialist 1 (see also
Unit 13, Group 15)
85862
32
Environmental Specialist 2 (see also
Unit 13, Group 15)
85863
33
Environmental Specialist 3 (see also
Unit 13, Group 15)
85864
34
Environmental Specialist 4 (see also
Unit 13, Group 15)
45.
24461
30
Radiation Safety Officer 1
24462
31
Radiation Safety Officer 2
84421
29
Radiological Instrument Technician
1
84422
30
Radiological Instrument Technician
2
84423
31
Radiological Instrument Technician
3
196
Class No.
Pay Range
Title
84642
31
Health Physicist (see also Unit 13,
Group 21)
84643
33
Senior Health Physicist (see also
Unit 13, Group 21)
46.
86111
24
Laboratory Technician 1
86112
27
Laboratory Technician 2
86113
27
Laboratory Technologist
86161
28
Veterinary Pathology Assistant (see
also Unit 13, Group 9)
47.
83811
31
Soils Resource Specialist (see also
Unit 13, Group 13)
83820
28
Geology Technician
48.
24110
28
Building Inspector 1
24111
30
Building Inspector 2
49.
26591
07
Firefighter
26592
08
Lieutenant Firefighter
50.
53771
06
Highway Technician 1
53772
07
Highway Technician 2
53773
08
Highway Technician 3M
53774
09
Highway Technician 4
53775
10
Highway Technician 5
53776
08
Highway Technician 3C/M
53781
07
Highway Technician Equipment
Specialist
51.
52511
28
Traffic Management Center Operator
1
52512
29
Traffic Management Center Operator
2
52513
30
Traffic Management Center
Specialist
Classification Groupings - Bargaining Unit 9
Class No.
Pay Range
Title
1.
12121
27
Statistics Clerk
12131
04
Telephone Operator 1
12132
25
Telephone Operator 2
12141
24
Office Professional 1
12142
26
Office Professional 2
12441
27
State Records Technician 1 (see also
Unit 14, Group 16)
197
Class No.
Pay Range
Title
12442
28
State Records Technician 2 (see also
Unit 14, Group 16)
12721
28
Document Delivery Technician
12731
04
Mail Clerk/Messenger
12732
05
Mail Clerk/Screener
16521
30
State Payroll Specialist 1 (see also
Unit 14, Group 12)
16522
31
State Payroll Specialist 2 (see also
Unit 14, Group 12)
16851
29
Customer Service Associate (see also
Unit 9, Group 13)
16871
27
Administrative Professional 1
16872
28
Administrative Professional 2
16873
30
Administrative Professional 3
26941
26
Watercraft Records Specialist 1
26942
28
Watercraft Records Specialist 2
26951
28
Watercraft Registration Agent 1 (see
also Unit 9, Group 4)
26952
29
Watercraft Registration Agent 2 (see
also Unit 9, Group 4)
63821
27
Hearing Assistant (see also Unit 14,
Group 13)
2.
14711
03
Stores Clerk
14721
04
Mechanical Stores Clerk
14741
25
Storekeeper 1
14742
27
Storekeeper 2
14751
08
Dock Coordinator
64520
26
Purchasing Assistant
64551
26
Inventory Control Specialist 1
3.
14211
04
Commissary Worker 1 (see also Unit
5, Group 4)
14212
06
Commissary Worker 2 (see also Unit
5, Group 4)
16111
05
Cashier (see also Unit 5, Group 4)
4.
26951
28
Watercraft Registration Agent 1 (see
also Unit 9, Group 1)
26952
29
Watercraft Registration Agent 2 (see
also Unit 9, Group 1)
66521
28
Shared Services Associate
5.
12311
27
Data Storage Technician 1
12312
28
Data Storage Technician 2
198
Class No.
Pay Range
Title
12321
04
Data Processor 1
12322
25
Data Processor 2
12323
26
Data Processor 3
12331
04
Data Entry Operator 1
12332
25
Data Entry Operator 2
12333
26
Data Entry Operator 3
12351
25
Data Control Technician 1
12352
26
Data Control Technician 2
12353
27
Data Control Technician 3
12361
24
Data Technician 1
12362
25
Data Technician 2
12370
25
Computer Operator 1
12371
26
Computer Operator 2
12372
28
Computer Operator 3
12373
29
Computer Operator 4
12374
30
Computer Operations Analyst
12821
28
Data Systems Scheduler 1
12822
29
Data Systems Scheduler 2
12823
31
Data Systems Scheduler 3
12824
32
Data Systems Scheduler 4
26941
26
Watercraft Records Specialist 1
26942
28
Watercraft Records Specialist 2
6.
84361
26
Technical Writer 1
84362
28
Technical Writer 2
84371
26
Engineering Clerk
7.
Reserved for Future Use
8.
16720
28
Workers’ Compensation Claims
Assistant
16721
29
Workers’ Compensation Medical
Claims Specialist
16722
30
Workers’ Compensation Claims
Specialist
16751
27
Unemployment Compensation
Examiner 1
16752
29
Unemployment Compensation
Examiner 2
16753
30
Unemployment Compensation
Examiner/Specialist 1
16754
32
Unemployment Compensation
Examiner/Specialist 2
16781
29
Auto Liability Claims Specialist 1
199
Class No.
Pay Range
Title
16782
30
Auto Liability Claims Specialist 2
16791
26
Claims Examiner 1
16792
27
Claims Examiner 2
16793
28
Claims Examiner 3
16794
29
Claims Examiner 4
16841
27
Certification/Licensure Examiner 1
16842
28
Certification/Licensure Examiner 2
26261
32
BWC Fraud Investigator
26262
33
BWC Fraud Analyst
33292
29
Workers’ Compensation Claims
Representative 2
33294
31
Workers’ Compensation Claims
Representative 4
33411
29
BWC Customer Service
Representative
63521
28
BWC Employer Services
Representative
64281
29
Customer Service Representative
64282
29
Customer Service Disabled Outreach
Specialist
64283
29
Customer Service Veterans
Employment Representative
64284
30
Customer Service Specialist
64451
28
BWC Customer Service
Representative
66111
26
Accountant/Examiner 1 (see also
Unit 14, Group 12)
66112
28
Accountant/Examiner 2 (see also
Unit 14, Group 12)
66113
30
Accountant/Examiner 3 (see also
Unit 14, Group 12)
66114
31
Accountant/Examiner 4 (see also
Unit 14, Group 12)
66391
31
Account Executive
66421
30
Internal EDP Auditor 1 (see also Unit
14, Group 12)
66422
34
Internal EDP Auditor 2 (see also Unit
14, Group 12)
66431
31
Workers’ Compensation External
Auditor
66441
30
Unclaimed Funds Auditor 1 (see also
200
Class No.
Pay Range
Title
Unit 14, Group 12)
66442
31
Unclaimed Funds Auditor 2 (see also
Unit 14, Group 12)
66443
32
Unclaimed Funds Auditor 3 (see also
Unit 14, Group 12)
66444
33
Unclaimed Funds Auditor 4 (see also
Unit 14, Group 12)
66451
30
Consumer Finance Examiner 1 (see
also Unit 14, Group 12)
66452
31
Consumer Finance Examiner 2 (see
also Unit 14, Group 12)
66453
33
Consumer Finance Examiner 3 (see
also Unit 14, Group 12)
66454
34
Consumer Finance Examiner 4 (see
also Unit 14, Group 12)
9.
64224
31
Employment Services Coordinator
10.
Reserved for Future Use
11.
12421
25
Reproduction Equipment Operator 1
12422
27
Reproduction Equipment Operator 2
52760
29
Printing Coordinator (see also Unit 7,
Group 33)
12.
52431
06
Radio Operator
52441
05
Radio Dispatcher
52521
29
Telecommunications Operator 1
52522
29
Telecommunications Operator 2
13.
16731
28
Provider Relations Representative 1
16732
30
Provider Relations Representative 2
16851
29
Customer Service Associate (see also
Unit 9, Group 1)
17221
28
Health Financial Resource Specialist
18311
25
Library Assistant 1
18312
27
Library Assistant 2
52411
08
Telecommunications Technician 1
52412
10
Telecommunications Technician 2
52413
11
Telecommunications Technician
Coordinator
52490
30
Telecommunications Service Request
Coordinator (see also Unit 14, Group
3b)
52491
34
Telecommunications Analyst 1 (see
also Unit 14, Group 3b)
201
Class No.
Pay Range
Title
52492
35
Telecommunications Analyst 2 (see
also Unit 14, Group 3b)
64341
04
Tour Guide
64431
27
Customer Service Assistant 1
64432
28
Customer Service Assistant 2
64433
29
Customer Service Assistant 3
64481
28
Benefits Customer Service
Representative
64681
27
Employee Benefits Coordinator 1
69511
29
Veterans Benefits Coordinator
84571
26
Permit Technician 1
84572
30
Permit Technician 2
67231
30
Insurance Complaint Analyst 1
67232
31
Insurance Complaint Analyst 2
67233
32
Insurance Complaint Analyst 3
Classification Groupings - Bargaining Unit 13
Class No.
Pay Range
Title
1.
22212
27
Wildlife Area Technician
22213
28
Wildlife Area Coordinator
22851
30
Wildlife Management Consultant
2.
22271
30
Fisheries Biologist 1
22272
31
Fisheries Biologist 2
22280
28
Wildlife Research Technician (see
also Unit 6, Group 1)
22281
30
Wildlife Biologist 1
22282
31
Wildlife Biologist 2
3.
22221
27
Fish Management Technician (see
also Unit 6, Group 1)
22222
29
Fish Management Unit Leader
22232
29
Fish Hatchery Coordinator (see also
Unit 6, Group 1)
4.
22321
28
Forestry Technician
22322
32
Forester
22540
26
Naturalist Aide
22541
28
Naturalist
5.
83451
28
Ecological Analyst 1
83452
30
Ecological Analyst 2
6.
85421
31
Design Engineer 1
85422
32
Design Engineer 2
202
Class No.
Pay Range
Title
85823
33
Design Specialist 3
85641
32
Transportation Engineer 1 (see also
Unit 13, Group 15)
85642
33
Transportation Engineer 2 (see also
Unit 13, Group 15)
7.
85561
30
Surveyor 1 (see also Unit 7, Group
41)
85562
31
Surveyor 2
85563
33
Surveyor 3
8.
65731
32
Sanitarian Program Specialist 1
65732
33
Sanitarian Program Specialist 2
9.
86161
28
Veterinarian Pathology Assistant (see
also Unit 7, Group 46)
10.
66361
35
Energy Specialist
66951
33
Utility Specialist 1
66952
34
Utility Specialist 2
66953
35
Utility Specialist 3
11.
83291
29
Laboratory Scientist 1
83292
31
Laboratory Scientist 2
83293
32
Laboratory Scientist 3
12.
65931
36
Veterinary Pathologist
65951
31
Histotechnologist
66951
33
Utility Specialist 1
66952
34
Utility Specialist 2
66953
35
Utility Specialist 3
86141
33
Criminalist
86150
29
Evidence Intake Technician
13.
83811
31
Soils Resource Specialist (see also
Unit 7, Group 47)
83821
29
Geologist 1
83822
31
Geologist 2
83823
32
Geologist 3
83824
33
Geologist 4
14.
85110
30
Designer 1
85111
32
Designer 2
85113
34
Architect
85211
34
Plans Examiner
15.
23161
31
Hazardous Materials Investigation
Specialist 1 (see also Unit 7, Group
9, 11, 29)
203
Class No.
Pay Range
Title
23162
33
Hazardous Materials Investigation
Specialist 2 (see also Unit 7, Group
9, 11, 29)
85641
31
Transportation Engineer 1 (see also
Unit 13, Group 6)
85642
32
Transportation Engineer 2 (see also
Unit 13, Group 6)
85712
32
Environmental Engineer 2
85721
32
Air Quality Engineer 1
85861
31
Environmental Specialist 1 (see also
Unit 7, Group 44)
85862
32
Environmental Specialist 2 (see also
Unit 7, Group 44)
85863
33
Environmental Specialist 3 (see also
Unit 7, Group 44)
85864
34
Environmental Specialist 4 (see also
Unit 7, Group 44)
16.
83831
27
Horticulturist 1
83832
28
Horticulturist 2
85760
31
Natural Resources Engineer Intern
85761
32
Natural Resources Engineer 1
85762
33
Natural Resources Engineer 2
17.
52642
31
Audio/Visual Production Specialist
(see also Unit 7, Group 31)
18.
Reserved for Future Use
19.
63281
30
Facilities Planner (see also Unit 14,
Group 21)
20.
85311
28
Planner 1
85312
30
Planner 2
85313
32
Planner 3
85851
31
Bridge Specialist 1 (see also Unit 7,
Group 39, 41, 42; Unit 13, Group 22)
85852
32
Bridge Specialist 2 (see also Unit 7,
Group 39, 41, 42; Unit 13, Group 22)
21.
83261
32
Public Health Entomologist
84642
31
Health Physicist (see also Unit 7,
Group 45)
84643
33
Senior Health Physicist (see also
Unit 7, Group 45)
22.
85821
30
Design Specialist 1 (see also Unit 7,
Group 39, 41, 42)
204
Class No.
Pay Range
Title
85822
31
Design Specialist 2 (see also Unit 7,
Group 39, 41, 42)
85823
33
Design Specialist 3 (see also Unit 7,
Group 39, 41, 42)
85824
34
Design Specialist 4 (see also Unit 7,
Group 39, 41, 42)
85831
31
Construction Project Specialist 1 (see
also Unit 7, Group 39, 41, 42)
85833
32
Construction Project Specialist 2 (see
also Unit 7, Group 39, 41, 42)
85834
33
Construction Project Specialist 3 (see
also Unit 7, Group 39, 41, 42)
85835
34
Construction Project Specialist 4 (see
also Unit 7, Group 39, 41, 42)
85851
31
Bridge Specialist 1 (see also Unit 7,
Group 39, 41, 42; Unit 13, Group 20)
85852
32
Bridge Specialist 2 (see also Unit 7,
Group 39, 41, 42; Unit 13, Group 20)
85871
31
Transportation Technical Specialist
(see also Unit 7, Group 39, 41, 42)
85873
32
Transportation Technician 1 (see also
Unit 7, Group 39, 41, 42)
85874
33
Transportation Technician 2 (see also
Unit 7, Group 39, 41, 42)
85875
34
Transportation Technician 3 (see also
Unit 7, Group 39, 41, 42)
23.
65761
29
Epidemiology Investigator 1
65762
32
Epidemiology Investigator 2
65763
33
Epidemiology Investigator 3
Classification Groupings - Bargaining Unit 14
The following represents the parties’ agreement to alter Groups 1,
2, 3 and 4 in Unit 14. The parties agree that the letter designation in
Group 3 represent an individual group, e.g., Group 3(a) is a separate and
independent same or similar grouping.
Class No.
Pay Range
Title
1.
69981
35
Enterprise Security Professional 1
69982
36
Enterprise Security Professional 2
32382
35
Data Security Analyst 2
2.
22191
30
Wildlife Communications Specialist
205
Class No.
Pay Range
Title
22192
31
Wildlife Communications
Coordinator
63151
28
Publication Specialist 1
63152
30
Publication Specialist 2
64411
27
Information Writer 1
64412
29
Information Writer 2
64413
31
Publications Editor
64420
30
Public Information Specialist
64461
31
Environmental Public Information
Officer
3.(a)
12391
28
Data Systems Coordinator 1
12392
29
Data Systems Coordinator 2
64161
35
Information Technology Consultant
1
67411
33
Forensic Computer Specialist 1
67412
34
Forensic Computer Specialist 2
67421
32
Forensic Specialist
3.(b)
52490
30
Telecommunications Service
Request Coordinator (see also Unit
9, Group 13)
52491
34
Telecommunications Analyst 1 (see
also Unit 9, Group 13)
52492
35
Telecommunications Analyst 2 (see
also Unit 9, Group 13)
85671
29
GIMS Technician 1
85672
30
GIMS Technician 2
85771
30
GIMS Specialist 1
85772
32
GIMS Specialist 2
3.(c)
Reserved for Future Use
3.(d)
46131
26
Lottery Game Security Specialist
(see also Unit 3, Group 4)
4.
64171
34
Computer Acquisition Analyst 1
64172
35
Computer Acquisition Analyst 2
64173
36
Computer Acquisition Analyst 3
64511
27
Sourcing Associate
64512
28
Sourcing Analyst
64513
31
Senior Sourcing Analyst
64514
33
Sourcing Planner
64530
27
State Purchasing Assistant
64531
28
State Purchasing Specialist
206
Class No.
Pay Range
Title
64533
32
State Purchasing Procurement
Support Analyst
64534
32
State Purchasing Standards Analyst
64535
33
State Procurement Analyst (see also
Unit 14, Group 10)
64552
28
Inventory Control Specialist 2
64571
30
Business Enterprise Specialist
5.
53221
32
Regional Equipment Training
Specialist
64651
28
Trainer
64652
31
Training Officer
6.
84521
28
Realty Specialist 1 (see also Unit
14, Group 7)
84522
30
Realty Specialist 2 (see also Unit
14, Group 7)
84523
31
Realty Specialist 3 (see also Unit
14, Group 7)
7.
66551
30
Contract Evaluator/Negotiator (see
also Unit 14, Group 21)
84521
28
Realty Specialist 1 (see also Unit
14, Group 6)
84522
30
Realty Specialist 2 (see also Unit
14, Group 6)
84523
31
Realty Specialist 3 (see also Unit
14, Group 6)
84581
29
Utilities Relocation Technician 1
84582
30
Utilities Relocation Technician 2
84583
31
Utilities Relocation Technician 3
84592
31
Real Estate Specialist
8.
Reserved for Future Use
9.
63711
33
Parole Board/Release Authority
Hearing Officer
63810
27
Paralegal/Legal Assistant 1
63811
29
Paralegal/Legal Assistant 2
63840
28
Legal Intern
63841
30
Law Clerk
63842
31
Attorney 1
63843
32
Attorney 2
63844
33
Attorney 3
63881
34
Utilities Attorney Examiner 1
63882
35
Utilities Attorney Examiner 2
207
Class No.
Pay Range
Title
63922
35
Industrial Commission District
Hearing Officer
63923
36
Industrial Commission Staff
Hearing Officer 1
63951
34
UC Administrative Hearing Officer
63961
34
Board of Tax Appeals Hearing
Officer
63971
32
Human Services Hearing Officer 1
63972
33
Human Services Hearing Officer 2
63981
34
BWC Attorney 1
63982
35
BWC Attorney 2
10.
63211
30
Management Analyst
64535
33
State Procurement Analyst (see also
Unit 14, Group 4)
64591
32
WIC Vendor Specialist
65250
30
Benefits Management
Representative (see also Unit 14,
Group 13)
65261
32
Social Sciences Research Analyst
65262
33
Social Sciences Research Specialist
66331
28
Labor Market Analyst 1
66332
30
Labor Market Analyst 2
66333
31
Labor Market Analyst 3
66381
32
Community Development Analyst
66911
29
Statistician 1
66912
30
Statistician 2
66921
28
Researcher 1
66922
30
Researcher 2
66923
32
Researcher 3
66971
29
Energy Analyst 1
66972
32
Energy Analyst 2
66973
33
Energy Program Developer
66931
33
Data Analytics Specialist
66981
32
Demographer
69471
32
Case Management Analyst
11.
63481
33
Civil Rights Alternative Dispute
Resolution Mediator
69111
29
Civil Rights Investigator 1
69112
31
Civil Rights Investigator 2
69131
27
EEO Technician
69132
30
EEO Officer
208
Class No.
Pay Range
Title
69160
28
EEO Contract/Program Technician
69161
30
EEO Contract/Program Officer
69162
31
EEO Contract/Program Coordinator
69163
32
EEO Contract/Program Specialist
69191
30
Minority Procurement Analyst 1
69192
32
Minority Procurement Analyst 2
69193
32
Minority Procurement Coordinator
12.
16521
30
State Payroll Specialist 1 (see also
Unit 9, Group 1)
16522
31
State Payroll Specialist 2 (see also
Unit 9, Group 1)
63161
28
Grants Coordinator 1
63162
30
Grants Coordinator 2
63261
32
Budget Analyst
63262
33
Senior Budget Analyst
63311
28
Business Service Officer
63361
29
Deputy Registrar Field
Representative
64711
30
Criminal Justice Planning Specialist
64712
31
Criminal Justice Planner
64721
32
Criminal Justice Field
Representative
64731
32
Jail Inspector
66111
26
Accountant/Examiner 1 (see also
Unit 9, Group 8)
66112
28
Accountant/Examiner 2 (see also
Unit 9, Group 8)
66113
30
Accountant/Examiner 3 (see also
Unit 9, Group 8)
66114
31
Accountant/Examiner 4 (see also
Unit 9, Group 8)
66140
29
Financial Institution Examiner
Trainee
66141
30
Financial Institution Examiner 1
66142
31
Financial Institution Examiner 2
66143
33
Financial Institution Examiner 3
66144
34
Financial Institution Examiner 4
66145
35
Financial Institution Examiner 5
66161
28
Utility Auditor 1
66162
30
Utility Auditor 2
209
Class No.
Pay Range
Title
66163
32
Utility Auditor Coordinator
66221
27
State Accounting Financial Analyst
1
66222
29
State Accounting Financial Analyst
2
66223
31
State Accounting Financial Analyst
3
66241
28
Bond Accountant 1
66242
30
Bond Accountant 2
66243
31
Bond Accountant 3
66244
32
Bond Accountant Coordinator
66411
31
Internal Auditor 1
66412
32
Internal Auditor 2
66413
33
Internal Auditor 3
66421
30
Internal EDP Auditor 1 (see also
Unit 9, Group 8)
66422
34
Internal EDP Auditor 2 (see also
Unit 9, Group 8)
66432
31
Employee Services Specialist
66441
30
Unclaimed Funds Auditor 1 (see
also Unit 9, Group 8)
66442
31
Unclaimed Funds Auditor 2 (see
also Unit 9, Group 8)
66443
32
Unclaimed Funds Auditor 3 (see
also Unit 9, Group 8)
66444
33
Unclaimed Funds Auditor 4 (see
also Unit 9, Group 8)
66451
30
Consumer Finance Examiner 1 (see
also Unit 9, Group 8)
66452
31
Consumer Finance Examiner 2 (see
also Unit 9, Group 8)
66453
33
Consumer Finance Examiner 3 (see
also Unit 9, Group 8)
66454
34
Consumer Finance Examiner 4 (see
also Unit 9, Group 8)
66461
31
External Auditor 1 (see also Unit
14, Group 13)
66462
32
External Auditor 2 (see also Unit
14, Group 13)
66463
33
External Auditor 3 (see also Unit
14, Group 13)
210
Class No.
Pay Range
Title
66483
32
Internal Auditor
66484
32
IT Internal Auditor
36482
33
Senior Internal Auditor
66561
28
Financial Associate
66562
30
Financial Analyst
66563
32
Senior Financial Analyst
66591
31
Securities Specialist 1
66592
32
Securities Specialist 2
66593
33
Securities Specialist 3
66594
34
Securities Specialist 4
66611
31
Securities Analyst 1
66612
32
Securities Analyst 2
66613
33
Securities Analyst 3
66614
34
Securities Analyst 4
66941
28
Utility Rate Analyst 1
66942
30
Utility Rate Analyst 2
66943
32
Utility Rate Analyst Coordinator
67321
30
Housing Grant Analyst 1
67322
32
Housing Grant Analyst 2
67323
33
Housing Grant Analyst 3
67331
31
Housing Development Analyst
67351
28
Housing Examiner Trainee
67352
31
Housing Examiner
13.
63510
29
Assistant Liaison Officer
63511
33
Liaison Officer 1
63821
27
Hearing Assistant (see also Unit 9,
Group 1)
65221
30
MH Administrator 1
65250
30
Benefits Management
Representative (see also Unit 14,
Group 10)
66191
31
Provider Reimbursement Analyst 1
66192
32
Provider Reimbursement Analyst 2
66461
31
External Auditor 1 (see also Unit
14, Group 12)
66462
32
External Auditor 2 (see also Unit14,
Group 12)
66463
33
External Auditor 3 (see also Unit
14, Group 12)
14.
24951
35
Aviator
15.
66811
29
Tax Examiner Associate
211
Class No.
Pay Range
Title
66812
31
Tax Examiner
66813
33
Tax Examiner Specialist
16.
12441
27
State Records Technician 1 (see
also Unit 9, Group 1)
12442
28
State Records Technician 2 (see
also Unit 9, Group 1)
63231
28
Correction Records Management
Officer
63232
29
Correction Records Sentence
Computation/Release Officer
63271
27
Records Management Officer
63291
30
State Records Management Analyst
64331
29
Cancer Registrar
64361
27
Health Information Technician 1
64362
29
Health Information Technician 2
17.
64811
28
Fine Arts Specialist 1
64812
30
Fine Arts Specialist 2
64813
32
Fine Arts Specialist 3
18.
24320
28
Motor Vehicle Investigator
Associate (see also Unit 7, Group
18)
24321
30
Motor Vehicle Investigator (see also
Unit 7, Group 18)
26541
28
Fire Safety Educator 1 (see also
Unit 7, Group 29)
26542
30
Fire Safety Educator 2 (see also
Unit 7, Group 29)
26561
30
Fire Training Officer 1 (see also
Unit 7, Group 29)
26562
31
Fire Training Officer 2 (see also
Unit 7, Group 29)
31421
29
Data Systems Coordinator 1
64911
29
Disaster Services Consultant 1
64912
32
Disaster Services Consultant 2
19.
64671
28
Personnel Testing Specialist 1
64672
30
Personnel Testing Specialist 2
64673
32
Personnel Testing Specialist 3
64691
34
Technology-Based Training
Developer
20.
66711
32
Workers’ Compensation Actuarial
Assistant 1
212
Class No.
Pay Range
Title
66712
34
Workers’ Compensation Actuarial
Assistant 2
66722
32
Insurance Examiner Analyst
66731
31
Insurance Actuarial Analyst 1
66732
33
Insurance Actuarial Analyst 2
66733
35
Insurance Actuarial Analyst 3
66734
36
Insurance Actuarial Analyst 4
66741
31
Insurance Contract Analyst 1
66742
32
Insurance Contract Analyst 2
66743
33
Insurance Contract Analyst 3
66744
34
Insurance Contract Analyst 4
66745
35
Insurance Contract Analyst 5
66791
31
Workers’ Compensation
Underwriter
67212
32
Insurance Compliance Examiner 2
67213
33
Insurance Compliance Examiner 3
67221
33
Insurance Examination Data
Specialist
21.
63280
28
Space Planner
63281
30
Facilities Planner (see also Unit 13,
Group 19)
66551
30
Contract Evaluator/Negotiator (see
also Unit 14, Group 7)
22.
16761
29
Disability Claims Development
Analyst
16762
30
Disability Claims Adjudicator
16763
31
Senior Disability Claims
Adjudicator
16764
32
Disability Claims Specialist
23.
64581
30
Lottery Ticket Sales Representative
1
64582
31
Lottery Ticket Sales Representative
2
64561
29
Penal Industry Sales Representative
24.
69604
E3
Education Program Specialist
25.
69921
30
Information Technologist 1
69922
32
Information Technologist 2
69923
33
Information Technologist 3 (see
Appendix S, Section 2)
26.
69931
33
Infrastructure Specialist 1
69932
34
Infrastructure Specialist 2
213
Class No.
Pay Range
Title
69933
35
Infrastructure Specialist 3
69934
36
Infrastructure Specialist 4
27.
69941
33
Software Development Specialist 1
69942
34
Software Development Specialist 2
69943
35
Software Development Specialist 3
69944
36
Software Development Specialist 4
28.
69951
33
Database Administration Specialist
1
69952
35
Database Administration Specialist
2
69953
36
Database Administration Specialist
3
29.
69961
33
Business Process Analyst 1
69962
35
Business Process Analyst 2
69963
36
Business Process Analyst 3
30.
69971
36
IT Architect/Consultant 1 (see
Appendix S, Section 2)
31.
69910
29
Information Technology Apprentice
32.
69691
32
Veterans Benefits Educational
Consultant
APPENDIX J – GEOGRAPHIC JURISDICTIONS
This appendix reflects the current districts/regions or other
geographic jurisdictions in effect at the time of the effective date of this
Agreement. If circumstances change, the Employer shall notify the
Union prior to the implementation of any changes. The Union will have
an opportunity to consult with the Employer. The changes shall not be
arbitrary or capricious or be for the sole purpose of circumventing any
provision of the Agreement.
ADJUTANT GENERAL
Statewide
DEPARTMENT OF ADMINISTRATIVE SERVICES
Two (2) Districts
District #1 - Cuyahoga County
District #2 - Franklin County
DEPARTMENT OF AGING
Statewide
214
DEPARTMENT OF AGRICULTURE
Statewide
OFFICE OF BUDGET AND MANAGEMENT
Statewide
CIVIL RIGHTS COMMISSION
Five (5) Districts
District #1
Williams Defiance Paulding Fulton
Henry Putnam Ottawa Sandusky
Seneca Wyandot Crawford Lucas
Wood Hancock
District #2
Darke Preble Shelby Miami
Montgomery Logan Champaign Clark
Green Mercer Allen Van Wert
Auglaize Hardin Butler Hamilton
Warren Clermont Clinton Pike
Vinton Fayette Highland Brown
Adams Scioto Lawrence Jackson
Gallia Meigs
District #3
Lorain Cuyahoga Lake Geauga
Ashtabula Ashland Richland Medina
Erie Huron
District #4
Wayne Summit Stark Trumbull
Mahoning Columbiana Portage Coshocton
Knox Holmes Carroll Harrison
Jefferson Tuscarawas
District #5
Union Madison Guernsey Delaware
Franklin Pickaway Monroe Ross
Noble Licking Fairfield Hocking
Perry Athens Washington Muskingum
Belmont Morgan Marion Morrow
215
DEPARTMENT OF COMMERCE
Statewide
OFFICE OF CONSUMER’S COUNSEL
Statewide
OHIO DEVELOPMENT SERVICES AGENCY
Statewide
OHIO DEPARTMENT OF DEVELOPMENTAL DISABILITIES
Five (5) Districts
District #1
Northwest Ohio Developmental Center
Tiffin Developmental Center
District #2
Warrensville Developmental Center
Mount Vernon Developmental Center
District #3
Columbus Developmental Center
Southwest Ohio Developmental Center
District #4
Cambridge Developmental Center
Gallipolis Developmental Center
District #5
Central Office
DEPARTMENT OF EDUCATION
Statewide
OHIO ENVIRONMENTAL PROTECTION AGENCY
Five (5) Districts
Northwest District
Williams Defiance Paulding Van Wert
Mercer Fulton Henry Putnam
Allen Hardin Ottawa Sandusky
Seneca Wyandot Marion Crawford
216
Erie Auglaize Lucas Ashland
Wood Hancock Huron Richland
Northeast District
Ashtabula Carroll Columbiana Cuyahoga
Geauga Holmes Lake Lorain
Mahoning Medina Portage Stark
Summit Trumbull Wayne
Central District
Union Madison Fayette Morrow
Delaware Franklin Pickaway Knox
Licking Fairfield
Southwest District
Darke Preble Shelby Miami
Montgomery Logan Champaign Clark
Greene Highland Brown Butler
Clinton Hamilton Warren Clermont
Southeast District
Ross Pike Scioto Noble
Hocking Harrison Vinton Jackson
Lawrence Jefferson Perry Athens
Meigs Washington Coshocton Adams
Muskingum Belmont Morgan Gallia
Tuscarawas Guernsey Monroe
OHIO EXPOSITIONS COMMISSION
Statewide
DEPARTMENT OF HEALTH
Four (4) Districts
District #1
Ashtabula Columbiana Cuyahoga Geauga
Lake Mahoning Medina Portage
Summit Stark Trumbull
District #2
Athens Belmont Carroll Coshocton
Delaware Fairfield Franklin Gallia
Guernsey Harrison Hocking Holmes
217
Jackson Jefferson Lawrence Licking
Morgan Meigs Monroe Muskingum
Noble Perry Pickaway Pike
Ross Scioto Vinton Tuscarawas
Washington Wayne
District #3
Adams Brown Butler Clark
Champaign Clermont Clinton Darke
Fayette Greene Hamilton Highland
Madison Miami Montgomery Preble
Warren
District #4
Allen Ashland Auglaize Crawford
Defiance Erie Fulton Hancock
Hardin Henry Huron Knox
Logan Lorain Lucas Marion
Mercer Morrow Ottawa Paulding
Putnam Richland Sandusky Seneca
Shelby Union Van Wert Williams
Wood Wyandot
DEPARTMENT OF HIGHER EDUCATION
Statewide
OHIO HOUSING FINANCE AGENCY
Statewide
INDUSTRIAL COMMISSION OF OHIO
Statewide
DEPARTMENT OF INSURANCE
Statewide
DEPARTMENT OF JOB AND FAMILY SERVICES
Six (6) Districts
District #1
Allen Auglaize Defiance Erie
Fulton Hancock Hardin Henry
Lucas Mercer Ottawa Paulding
Putnam Sandusky Van Wert Williams
Wood
218
District #2
Butler Champaign Clark Clermont
Clinton Darke Green Hamilton
Miami Montgomery Preble Shelby
Warren
District #3
Adams Brown Delaware Fairfield
Fayette Franklin Gallia Highland
Jackson Lawrence Licking Logan
Madison Pickaway Pike Ross
Scioto Union Vinton
District #4
Ashland Crawford Cuyahoga Geauga
Huron Knox Lake Lorain
Marion Morrow Richland Seneca
Wyandot
District #5
Ashtabula Mahoning Medina Portage
Stark Summit Trumbull Wayne
District #6
Athens Belmont Carroll Columbiana
Coshocton Guernsey Harrison Hocking
Holmes Jefferson Meigs Monroe
Morgan Muskingum Noble Perry
Tuscarawas Washington
STATE LIBRARY
Two Districts
District #1 – Franklin County
District #2 – Noble County
OHIO LOTTERY COMMISSION
Eleven (11) Districts (By District Offices)
District #1 - Cuyahoga
District #2 - Lucas
District #3 - Montgomery
District #4 - Hamilton
219
District #5 - Franklin
District #6 - Athens
District #7 - Stark
District #8 - Mahoning
District #9 – Lorain
District #10 - Summit
District #11 – Warren
OHIO DEPARTMENT OF MEDICAID
Statewide
OHIO DEPARTMENT OF MENTAL HEALTH AND
ADDICTION SERVICES
(Employees in Units 4 and 14 within child care programs* may
displace employees or promote into positions within their jurisdictions.
However, employees in Units 4 and 14 may not displace employees, be
recalled or reemployed or promoted into positions in child care
programs* unless within the last five (5) years they have either
completed relevant training and/or course work pertaining to
emotionally disturbed children and adolescent topics and/or significant
experience working directly with emotionally disturbed children and
adolescents as defined by the applicable regulatory Agencies.)
Three (3) Districts
District #1
Central Office, Office of Support Services (OSS)
District #2
Appalachian Behavioral Healthcare, Twin Valley Behavioral
Healthcare, Summit Behavioral Healthcare
District #3
Northcoast Behavioral Healthcare, Heartland Behavioral Healthcare,
Northwest Ohio Psychiatric Hospital
DEPARTMENT OF NATURAL RESOURCES
Eight (8) Districts
District #1
Williams Defiance Paulding Fulton
Henry Putnam Lucas Van Wert
Mercer Darke Allen Auglaize
Shelby Hardin Logan Hancock
220
Wood
District #2
Preble Miami Montgomery Clark
Champaign Greene Fayette Hamilton
Warren Clermont Clinton Brown
Highland Butler
District #3
Adams Pike Scioto Jackson
Lawrence Ross Hocking Vinton
Perry
District #4
Union Delaware Franklin Morrow
Knox Licking Wyandot Marion
Crawford Richland Ashland Fairfield
Madison Pickaway
District #5
Ottawa Sandusky Seneca Huron
Erie Lorain Cuyahoga Medina
Summit
District #6
Muskingum Morgan Guernsey Noble
Monroe Gallia Meigs Athens
Washington
District #7
Tuscarawas Carroll Harrison Belmont
Jefferson Wayne Holmes Coshocton
Stark
District #8
Lake Geauga Ashtabula Trumbull
Portage Mahoning Columbiana
NOTE: Employees assigned to the classifications of Mine Rescue
Operations Coordinator (24710), Mine Safety Inspector 1 (24711) and
Mine Safety Inspector 2 (24712) shall have displacement and recall
rights statewide.
221
OPPORTUNITIES FOR OHIOANS WITH DISABILITIES
Each Bureau or Division shall be considered a part of the geographic
district in which the office is located.
Five (5) Districts
District #1
Ashtabula Cuyahoga Geauga Lake
Medina Portage Summit
District #2
Athens Delaware Fairfield Franklin
Gallia Hocking Jackson Lawrence
Morgan Meigs Monroe Perry
Pickaway Pike Ross Scioto
Vinton Washington
District #3
Adams Brown Butler Clark
Champaign Clermont Clinton Darke
Fayette Greene Highland
Madison Miami Preble
Warren
District #4
Allen Auglaize Erie
Fulton Hancock Henry
Huron Logan Lucas
Marion Mercer
Putnam Sandusky Shelby
Union Van Wert Wood
Wyandot
District #5
Ashland Belmont Coshocton
Columbiana Crawford Harrison
Holmes Jefferson Licking
Mahoning Morrow Noble
Richland Stark
Hamilton
Montgomery
Defiance
Hardin
Lorain
Ottawa
Seneca
Williams
Carroll
Guernsey
Knox
Muskingum
Trumbull
Tuscarawas
Wayne
Paulding
222
DEPARTMENT OF PUBLIC SAFETY (EXCLUDING STATE
HIGHWAY PATROL)
Five (5) Districts
District #1
Franklin
District #2
Ashland Columbiana Holmes Mahoning
Ashtabula Cuyahoga Lake Medina
Carroll Geauga Lorain Portage
Stark Summit Trumbull Wayne
District #3
Athens Harrison Licking Noble
Belmont Hocking Meigs Perry
Coshocton Jackson Monroe Pickaway
Fairfield Jefferson Morgan Vinton
Gallia Knox Muskingum Washington
Guernsey Lawrence
District #4
Adams Drake Highland Preble
Brown Fayette Miami Ross
Butler Greene Montgomery Scioto
Clermont Hamilton Pike Warren
Clinton
District #5
Allen Fulton Marion Seneca
Auglaize Hancock Mercer Shelby
Champaign Hardin Morrow Union
Clark Henry Ottawa Van Wert
Crawford Huron Paulding Williams
Defiance Logan Putnam Wood
Delaware Lucas Richland Wyandot
Erie Madison Sandusky
State Highway Patrol employees should refer to their current district
map.
223
PUBLIC UTILITIES COMMISSION OF OHIO
Statewide
DEPARTMENT OF REHABILITATION AND CORRECTION
Five (5) Districts
District #1
Allen/Oakwood Correctional Institution, Toledo Correctional
Institution, Marion Correctional Institution, Lima APA office, Defiance
APA office, Seneca APA Office, Toledo APA Office, Crawford APA
Office
District #2
Ohio Reformatory for Women, London Correctional Institution,
Madison Correctional Institution, Lebanon Correctional Institution,
Warren Correctional Institution, Dayton Correctional Institution,
Cincinnati APA Office, Dayton APA Office, New Butler APA Office,
Hillsboro APA Office, Lebanon APA Office, Union APA Office,
Marysville APA Office, Springfield APA Office, Urbana 1 APA Office,
Clermont APA Office
District #3
Corrections Reception Center, Franklin Medical Center, Pickaway
Correctional Institution, OPI Warehouse, Chillicothe Correctional
Institution, Southern Ohio Correctional Facility, Ross Correctional
Institution, Corrections Training Academy, TCRC, Portsmouth 1 APA
Office, DR&C Operation Support Center (Franklin County only), DPCS
Operation Support Center, Columbus APA Office, Delaware APA
Office
District #4
Southeastern Correctional Institution, Belmont Correctional Institution,
Noble Correctional Institution, New Athens APA Office, Washington
APA Office, Zanesville APA Office, Hocking APA Office
District #5
Trumbull Correctional Institution, Ohio State Penitentiary, Mansfield
Correctional Institution, Richland Correctional Institution, Northeast
Reintegration Center, Grafton Correctional Institution, Lorain
Correctional Institution, Akron APA Office, Painesville APA Office,
Canton APA Office, New Philadelphia APA Office, Youngstown APA
Office, Ashtabula APA Office, Mansfield APA Office, Cleveland APA
224
Office, Elyria APA, Trumbull APA Office
Employees in DR&C designated as Operation Support Center
payroll and DPCS/APA designated as DPCS payroll that have work
locations or areas outside of Franklin County will be placed in the
geographic jurisdiction of their physical work location or area.
(For
purposes of Article 17 and 18, the employees who are not located in a
specific worksite (institution or APA office), the bumping and bidding
will begin with the geographic jurisdiction they are assigned to perform
their work.)
DEPARTMENT OF TAXATION
Statewide
OHIO DEPARTMENT OF TRANSPORTATION
Thirteen (13) Districts
District #1
Defiance Van Wert Allen Hardin
Paulding Putnam Hancock Wyandot
District #2
Williams Henry Wood Sandusky
Fulton Lucas Ottawa Seneca
District #3
Erie Crawford Ashland Medina
Huron Lorain Richland Wayne
District #4
Summit Portage Stark Ashtabula
Trumbull Mahoning
District #5
Knox Licking Fairfield Perry
Coshocton Muskingum Guernsey
District #6
Marion Union Madison Pickaway
Morrow Delaware Franklin Fayette
District #7
Mercer Shelby Logan Clark
Darke Montgomery Champaign Miami
225
Auglaize
District #8
Preble Butler Hamilton Warren
Clermont Greene Clinton
District #9
Brown Adams Pike Jackson
Highland Ross Scioto Lawrence
District #10
Hocking Meigs Morgan Noble
Vinton Gallia Washington Monroe
Athens
District #11
Holmes Tuscarawas Columbiana Carroll
Harrison Jefferson Belmont
District #12
Cuyahoga Lake Geauga
District #13
Central Office – Columbus
DEPARTMENT OF VETERANS SERVICES
Two (2) Districts - Jurisdictions of the Department will be the Northern
Ohio Veterans Services and the Southern Ohio Veterans Services.
BUREAU OF WORKERS’ COMPENSATION
Five (5) Districts
District #1
Allen Auglaize Clark Champaign
Defiance Delaware Fayette Fulton
Hancock Hardin Henry Licking
Logan Lucas Madison Mercer
Paulding Pickaway Putnam Union
Van Wert Williams Wood
District #2
Ashland Crawford Cuyahoga Erie
Geauga Huron Knox Lake
226
Lorain Marion Morrow Ottawa
Richland Sandusky Seneca Wyandot
District #3
Ashtabula Belmont Carroll Columbiana
Coshocton Guernsey Harrison Hocking
Holmes Jefferson Mahoning Medina
Monroe Morgan Muskingum Noble
Perry Portage Stark Summit
Trumbull Tuscarawas Wayne
District #4
Adams Athens Brown Butler
Clermont Clinton Darke Gallia
Greene Hamilton Highland Jackson
Lawrence Meigs Miami Montgomery
Pike Preble Ross Scioto
Shelby Vinton Warren Washington
District #5
Fairfield Franklin
DEPARTMENT OF YOUTH SERVICES
Three (3) Districts
District #1
Central Office, Regions: Columbus, Dayton, Toledo, Akron, Cleveland
District #2
Institutions: Indian River, Cuyahoga Hills
District #3
Institutions: Circleville
APPENDIX K – GUIDELINES FOR OCCUPATIONAL INJURY
LEAVE (OIL)
I. Definitions
a. Allowed Psychological Condition: A psychological condition,
diagnosed by a psychiatrist or psychologist chosen from the
“Approved Physician” list that develops after and is related to
the allowed physical condition.
b. Allowed Physical Condition: A physical condition diagnosed
227
by an “Approved Physician” that arises from an injury inflicted
by a ward as defined below. The physical condition includes
the substantial aggravation of a pre-existing condition, if such
aggravation arises from an injury inflicted by a ward.
c. Approved Physician: A physician who is designated on a list
compiled through the agreement of both parties for the purpose
of diagnosing, evaluating and treating the condition within
seven (7) calendar days of the original “Date of Injury.” The
employee shall continue to be treated by an “Approved
Physician” until the employee is approved to return to work or
the employee’s OIL benefits are exhausted. If the employee is
unable to schedule an appointment for an initial diagnosis with
an Approved Physician within forty-eight (48) hours of the
injury, the employee must notify the Agency Workers’
Compensation representative immediately. If the employee’s
injury is of a nature which requires an emergency room visit,
the employee may be initially diagnosed and evaluated by the
Emergency Room doctor. Thereafter, if additional treatment is
required, the employee must consult an Approved Physician
within a reasonable period of time.
d. Conclusively Establish: The facts show that it was more likely
than not that the events giving rise to this claim occurred.
e. Date of Injury: The date the events triggering this claim
occurred.
f. Inflicted By: Injured by a ward of the State
1. in an attempt to subdue, control or restrain a ward’s
inappropriate behavior, or
2. as the result of being physically harmed in the course of the
employee’s duty, as long as the injury was not accidental
in nature or as a result of the employee’s own misconduct
or negligence; or
3. during pursuit of the ward in such circumstances where a
ward attempts to flee following the aforementioned
inappropriate behavior.
g. Totally Disabled: The inability to perform sustained
remunerative employment or other activity(ies) that are
consistent with his/her medical/psychological restrictions while
receiving OIL benefits due to the allowed conditions of the
claim.
h. Ward: An inmate, patient, resident, client, youth or student.
II. Eligibility for OIL
A permanent employee of the Ohio Department of Mental
Health and Addiction Services, the Department of Developmental
228
Disabilities, Department of Veterans Services, and Schools for the
Deaf and Blind, Department of Rehabilitation and Correction, and
the Department of Youth Services who sustains an allowed physical
condition inflicted by a ward in the above Agencies, in the course
of, and arising out of, the injured employee’s employment shall be
eligible to request occupational injury leave (OIL) benefits in
addition to his/her claim for Workers’ Compensation.
The injured worker shall:
1. Follow the respective Agency’s accident reporting guidelines;
2. Obtain an OIL application, if applicable, from the designated
location at his/her institution or the employee’s immediate
supervisor. This location shall be posted prominently for all
shifts;
3. Complete and submit the employee section of the OIL
application, if applicable, within twenty (20) calendar days
from the date of injury. If the employee is medically unable to
complete the application, he/she may have someone acting on
his/her behalf complete the employee section of the application
for him/her;
4. Provide the approved physician with the appropriate DAS
Physician’s Statement form and follow-up with approved
physician to ensure the form is submitted appropriately; and
5. File a Workers’ Compensation claim at the same time the
employee requests OIL benefits.
III. Processing of the OIL Application
In order to receive OIL benefits in lieu of Workers’
Compensation Temporary Total Disability Compensation (TTD),
the employee must conclusively establish that an allowed physical
condition was “inflicted by” a ward in the course of, and arising out
of, the injured employee’s employment. The burden of proving the
truth of the facts as alleged as well as proof of timely medical
treatment shall be on the employee and shall further include any
other elements of proof necessary for the allowance of this claim.
If the injury is found to be accidental in nature, or to have arisen
from the misbehavior or negligence on the part of the employee, the
OIL benefits shall not be awarded and any benefits received must be
repaid in accordance with Appendix K, Section IV.
Within five (5) business days of receipt of the request for OIL
benefits, the Employer shall notify the DAS designee if the
Employer: 1) agrees with the OIL benefits request; 2) disagrees with
the OIL benefits request; or 3) has the OIL benefits request under
investigation and forward the application. The DAS designee will
immediately review the application for payment of OIL benefits.
229
The Employer shall make a good faith effort to complete any
investigation of an OIL benefits request within twenty (20) calendar
days and notify the DAS designee of their findings. Allowance or
denial of OIL claims must be documented in writing and provided
to the employee.
IV. Administration of OIL Benefits
An employee receiving OIL benefits shall be eligible for his/her
total rate of pay during the period of time that there is medical
evidence establishing that the employee is totally disabled as the
result of the work injury. The employee shall submit medical
documentation from an approved physician supporting the extent of
disability. OIL will be payable for an allowed psychological
condition that is found to be related to an allowed physical
condition(s).
The OIL benefit will be paid pending the initial determination
of the OIL claim. The total hours of OIL shall not exceed 960 hours
per OIL claim without exception. OIL shall be paid in lieu of
Workers’ Compensation TTD benefits. If the employee accepts
TTD compensation from BWC for the injury or the IC determines
that the employee has reached maximum medical improvement,
such employee will not be eligible to receive OIL benefits. Any
requests for additional allowances to a claim shall be approved by
the BWC/IC prior to processing an extension of OIL benefits.
Clarification of the diagnosis from the Approved Physician or a
request for extension of benefits from the Approved Physician shall
not be considered an additional allowance. Initial denial of the OIL
claim ends the payment of the OIL benefit.
If the employee’s OIL claim is denied, but the employee’s
Workers’ Compensation claim is still pending, the employee may
be eligible for Salary Continuation, not to exceed 480 hours. Any
hours previously paid to the employee under OIL will be counted
toward the 480 hours. If the employee’s OIL claim is denied or if
the employee is disqualified from receiving OIL benefits, the
employee must, after all administrative appeals have been
exhausted, either substitute sick, vacation, or personal leave, or
reimburse the Employer any OIL benefits received during the period
of time from the date of injury until the final administrative
determination. The Agency will work with the employee to
determine if leave will be deducted or to set up a repayment
procedure.
An employee receiving OIL benefits shall accrue sick leave and
personal leave but shall not accrue vacation leave. Pay under OIL
shall not be charged to the employee’s accumulation of sick leave.
230
The employee is not eligible to use leave balances while receiving
OIL. The employee is not eligible for other paid leaves, including
holiday pay and those under Articles 30 or 35, while receiving OIL.
Once an employee’s OIL application has been approved, the
employee shall not be subject to the Agency’s daily call-off
procedures or any other absentee requirements that are not included
in this Appendix, unless the employee is participating in the
Transitional Return to Work program. The employee is responsible
for notifying the Agency of their expected return to work date.
V. Appeal of the Denial of an OIL Claim
If an employee’s request for OIL benefits is completely denied,
the employee may appeal the denial through the process detailed
below. The employee shall not have rights under the Article 25
grievance procedure. In the event an Article 25 grievance is filed
concerning an OIL issue, the grievance shall be forwarded to DAS
Benefits to process as an appeal. In the event a non-OIL issue(s) is
also alleged in the grievance, said issue shall be separated from the
appeal and processed pursuant to Article 25.
If the employee has been receiving OIL benefits pending
determination of the claim, the benefits will end with the initial
denial and the employee will not be eligible for any OIL benefits
during the appeal process. The employee may be eligible for Salary
Continuation during the appeal process, which may not exceed 480
hours.
Within twenty (20) calendar days from the date the initial denial
letter is postmarked, the employee must submit a letter to DAS
Benefits, attaching any additional information to support his/her
appeal. DAS Benefits will conduct an initial review of the appeal.
If the employee’s OIL claim was denied on procedural issues or the
employee has failed to provide any new information to support the
appeal, DAS Benefits shall issue a letter to the employee within ten
(10) working days of receipt of the letter denying the appeal and
send a copy of the letter, the employee’s OIL application, and any
other documents submitted to OCSEA Central Office.
If OCSEA determines that further review is necessary, they will
submit a request to OCB for a panel to be convened to review the
claim within ten (10) working days of receiving the documents from
DAS Benefits. The panel will consist of three (3) members: a
representative of an Agency which is not the employing Agency and
who regularly works with OIL, a representative of the Union who is
not employed by the employing Agency, and a representative or
designee of the State Employment Relations Board (SERB).
Representatives from OCB and OCSEA may attend, but will not be
231
voting members of the panel. The panel will be convened within
fourteen (14) days of OCB’s receipt of the request. The panel will
complete a file review of the claim and any information provided by
the employee and make a determination to uphold or overturn the
denial. The panel will issue the decision immediately or within three
(3) days if further investigation is necessary. The panel’s decision
will be in writing and will be final.
If the employee accepts Workers’ Compensation TTD
Compensation during the appeal process, he/she may continue to
submit extension paperwork. If the employee’s appeal is upheld,
OIL benefits will be awarded and the Agency will work with the
employee to repay any Workers’ Compensation TTD benefits that
were awarded.
VI. Disqualification
An employee shall be disqualified from receiving OIL benefits
under any of the following circumstances:
a. the employee knowingly makes any false misleading
statement(s) and/or alters, falsifies, destroys or conceals any
document in order to be eligible to receive OIL;
b. the employee engages in sustained remunerative employment
or other activity(ies) that are inconsistent with his/her
medical/psychological restrictions while receiving OIL
benefits;
c. the employee is no longer in the State service or has been
voluntarily or involuntarily disability separated; or
d. the employee is incarcerated.
If any of the above circumstances occur, OIL benefits shall be
immediately terminated and the employee shall reimburse the State in
the amount of any benefits improperly received. The employee may also
be subject to disciplinary action, up to and including termination and
criminal prosecution.
APPENDIX L – PAY RANGES
The following pay table is effective July 1, 2021.
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
1
15.72
16.03
16.35
16.72
32,698
33,342
34,008
34,778
2
16.21
16.55
16.93
17.32
33,717
34,424
35,214
36,026
3
16.72
17.10
17.53
17.91
232
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
34,778
35,568
36,462
37,253
4
17.32
17.75
18.20
18.59
36,026
36,920
37,856
38,667
5
17.91
18.38
18.84
19.42
19.72
37,253
38,230
39,187
40,394
41,018
6
18.59
19.06
19.56
20.04
20.54
38,667
39,645
40,685
41,683
42,723
7
19.42
19.72
20.24
20.76
21.36
22.15
40,394
41,018
42,099
43,181
44,429
46,072
8
20.24
20.76
21.36
22.15
22.99
23.99
42,099
43,181
44,429
46,072
47,819
49,899
9
21.36
22.15
22.99
23.99
25.10
26.24
44,429
46,072
47,819
49,899
52,208
54,579
10
22.99
23.99
25.10
26.24
27.39
28.80
47,819
49,899
52,208
54,579
56,971
59,904
11
25.10
26.24
27.39
28.80
30.20
31.70
52,208
54,579
56,971
59,904
62,816
65,936
12
27.39
28.81
30.20
31.70
33.24
34.86
56,971
59,925
62,816
65,936
69,139
72,509
23
16.35
16.72
17.10
17.53
17.91
34,008
34,778
35,568
36,462
37,253
24
16.93
17.32
17.75
18.20
18.59
35,214
36,026
36,920
37,856
38,667
25
17.53
17.91
18.38
18.84
19.42
19.72
36,462
37,253
38,230
39,187
40,394
41,018
26
18.20
18.59
19.06
19.56
20.04
20.54
37,856
38,667
39,645
40,685
41,683
42,723
27
18.84
19.42
19.72
20.24
20.76
21.36
22.15
39,187
40,394
41,018
42,099
43,181
44,429
46,072
28
19.72
20.24
20.76
21.36
22.15
22.99
23.99
41,018
42,099
43,181
44,429
46,072
47,819
49,899
29
20.76
21.36
22.15
22.99
23.99
25.10
26.24
43,181
44,429
46,072
47,819
49,899
52,208
54,579
30
22.15
22.99
23.99
25.10
26.24
27.39
28.80
46,072
47,819
49,899
52,208
54,579
56,971
59,904
31
23.99
25.10
26.24
27.39
28.80
30.20
31.70
49,899
52,208
54,579
56,971
59,904
62,816
65,936
233
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
32
26.24
27.39
28.80
30.20
31.70
33.24
34.86
36.61
38.43
54,579
56,971
59,904
62,816
65,936
69,139
72,509
76,149
79,934
33
28.80
30.20
31.70
33.24
34.86
36.61
38.36
40.26
42.24
59,904
62,816
65,936
69,139
72,509
76,149
79,789
83,741
87,859
34
31.70
33.24
34.86
36.61
38.36
40.26
42.24
44.31
46.53
65,936
69,139
72,509
76,149
79,789
83,741
87,859
92,165
96,782
35
34.86
36.61
38.36
40.26
42.24
44.31
46.47
48.83
51.29
72,509
76,149
79,789
83,741
87,859
92,165
96,658
101,566
106,683
36
38.36
40.26
42.24
44.31
46.47
48.83
51.26
53.82
56.50
79,789
83,741
87,859
92,165
96,658
101,566
106,621
111,946
117,520
E1
24.26
25.44
26.71
28.06
29.45
30.92
32.47
34.10
50,461
52,915
55,557
58,365
61,256
64,314
67,538
70,928
E2
26.71
28.06
29.45
30.92
32.47
34.10
35.78
37.57
39.49
55,557
58,365
61,256
64,314
67,538
70,928
74,422
78,146
82,139
E3
29.45
30.92
32.47
34.10
35.78
37.57
39.49
41.43
43.51
61,256
64,314
67,538
70,928
74,422
78,146
82,139
86,174
90,501
The following pay table is effective July 1, 2022.
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
1
16.19
16.51
16.84
17.22
33,675
34,341
35,027
35,818
2
16.70
17.05
17.44
17.84
34,736
35,464
36,275
37,107
3
17.22
17.61
18.06
18.45
35,818
36,629
37,565
38,376
4
17.84
18.28
18.75
19.15
37,107
38,022
39,000
39,832
5
18.45
18.93
19.41
20.00
20.31
38,376
39,374
40,373
41,600
42,245
6
19.15
19.63
20.15
20.64
21.16
39,832
40,830
41,912
42,931
44,013
7
20.00
20.31
20.85
21.38
22.00
22.81
41,600
42,245
43,368
44,470
45,760
47,445
8
20.85
21.38
22.00
22.81
23.68
24.71
43,368
44,470
45,760
47,445
49,254
51,397
9
22.00
22.81
23.68
24.71
25.85
27.03
234
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
45,760
47,445
49,254
51,397
53,768
56,222
10
23.68
24.71
25.85
27.03
28.21
29.66
49,254
51,397
53,768
56,222
58,677
61,693
11
25.85
27.03
28.21
29.66
31.11
32.65
53,768
56,222
58,677
61,693
64,709
67,912
12
28.21
29.67
31.11
32.65
34.24
35.91
58,677
61,714
64,709
67,912
71,219
74,693
23
16.84
17.22
17.61
18.06
18.45
35,027
35,818
36,629
37,565
38,376
24
17.44
17.84
18.28
18.75
19.15
36,275
37,107
38,022
39,000
39,832
25
18.06
18.45
18.93
19.41
20.00
20.31
37,565
38,376
39,374
40,373
41,600
42,245
26
18.75
19.15
19.63
20.15
20.64
21.16
39,000
39,832
40,830
41,912
42,931
44,013
27
19.41
20.00
20.31
20.85
21.38
22.00
22.81
40,373
41,600
42,245
43,368
44,470
45,760
47,445
28
20.31
20.85
21.38
22.00
22.81
23.68
24.71
42,245
43,368
44,470
45,760
47,445
49,254
51,397
29
21.38
22.00
22.81
23.68
24.71
25.85
27.03
44,470
45,760
47,445
49,254
51,397
53,768
56,222
30
22.81
23.68
24.71
25.85
27.03
28.21
29.66
47,445
49,254
51,397
53,768
56,222
58,677
61,693
31
24.71
25.85
27.03
28.21
29.66
31.11
32.65
51,397
53,768
56,222
58,677
61,693
64,709
67,912
32
27.03
28.21
29.66
31.11
32.65
34.24
35.91
37.71
39.58
56,222
58,677
61,693
64,709
67,912
71,219
74,693
78,437
82,326
33
29.66
31.11
32.65
34.24
35.91
37.71
39.51
41.47
43.51
61,693
64,709
67,912
71,219
74,693
78,437
82,181
86,258
90,501
34
32.65
34.24
35.91
37.71
39.51
41.47
43.51
45.64
47.93
67,912
71,219
74,693
78,437
82,181
86,258
90,501
94,931
99,694
35
35.91
37.71
39.51
41.47
43.51
45.64
47.86
50.29
52.83
74,693
78,437
82,181
86,258
90,501
94,931
99,549
104,603
109,886
36
39.51
41.47
43.51
45.64
47.86
50.29
52.80
55.43
58.20
82,181
86,258
90,501
94,931
99,549
104,603
109,824
115,294
121,056
E1
24.99
26.20
27.51
28.90
30.33
31.85
33.44
35.12
51,979
54,496
57,221
60,112
63,086
66,248
69,555
73,050
235
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
E2
27.51
28.90
30.33
31.85
33.44
35.12
36.85
38.70
40.67
57,221
60,112
63,086
66,248
69,555
73,050
76,648
80,496
84,594
E3
30.33
31.85
33.44
35.12
36.85
38.70
40.67
42.67
44.82
63,086
66,248
69,555
73,050
76,648
80,496
84,594
88,754
93,226
The following pay table is effective July 1, 2023.
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
1
16.68
17.01
17.35
17.74
34,694
35,381
36,088
36,899
2
17.20
17.56
17.96
18.38
35,776
36,525
37,357
38,230
3
17.74
18.14
18.60
19.00
36,899
37,731
38,688
39,520
4
18.38
18.83
19.31
19.72
38,230
39,166
40,165
41,018
5
19.00
19.50
19.99
20.60
20.92
39,520
40,560
41,579
42,848
43,514
6
19.72
20.22
20.75
21.26
21.79
41,018
42,058
43,160
44,221
45,323
7
20.60
20.92
21.48
22.02
22.66
23.49
42,848
43,514
44,678
45,802
47,133
48,859
8
21.48
22.02
22.66
23.49
24.39
25.45
44,678
45,802
47,133
48,859
50,731
52,936
9
22.66
23.49
24.39
25.45
26.63
27.84
47,133
48,859
50,731
52,936
55,390
57,907
10
24.39
25.45
26.63
27.84
29.06
30.55
50,731
52,936
55,390
57,907
60,445
63,544
11
26.63
27.84
29.06
30.55
32.04
33.63
55,390
57,907
60,445
63,544
66,643
69,950
12
29.06
30.56
32.04
33.63
35.27
36.99
60,445
63,565
66,643
69,950
73,362
76,939
23
17.35
17.74
18.14
18.60
19.00
36,088
36,899
37,731
38,688
39,520
24
17.96
18.38
18.83
19.31
19.72
37,357
38,230
39,166
40,165
41,018
25
18.60
19.00
19.50
19.99
20.60
20.92
236
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
38,688
39,520
40,560
41,579
42,848
43,514
26
19.31
19.72
20.22
20.75
21.26
21.79
40,165
41,018
42,058
43,160
44,221
45,323
27
19.99
20.60
20.92
21.48
22.02
22.66
23.49
41,579
42,848
43,514
44,678
45,802
47,133
48,859
28
20.92
21.48
22.02
22.66
23.49
24.39
25.45
43,514
44,678
45,802
47,133
48,859
50,731
52,936
29
22.02
22.66
23.49
24.39
25.45
26.63
27.84
45,802
47,133
48,859
50,731
52,936
55,390
57,907
30
23.49
24.39
25.45
26.63
27.84
29.06
30.55
48,859
50,731
52,936
55,390
57,907
60,445
63,544
31
25.45
26.63
27.84
29.06
30.55
32.04
33.63
52,936
55,390
57,907
60,445
63,544
66,643
69,950
32
27.84
29.06
30.55
32.04
33.63
35.27
36.99
38.84
40.77
57,907
60,445
63,544
66,643
69,950
73,362
76,939
80,787
84,802
33
30.55
32.04
33.63
35.27
36.99
38.84
40.70
42.71
44.82
63,544
66,643
69,950
73,362
76,939
80,787
84,656
88,837
93,226
34
33.63
35.27
36.99
38.84
40.70
42.71
44.82
47.01
49.37
69,950
73,362
76,939
80,787
84,656
88,837
93,226
97,781
102,690
35
36.99
38.84
40.70
42.71
44.82
47.01
49.30
51.80
54.41
76,939
80,787
84,656
88,837
93,226
97,781
102,544
107,744
113,173
36
40.70
42.71
44.82
47.01
49.30
51.80
54.38
57.09
59.95
84,656
88,837
93,226
97,781
102,544
107,744
113,110
118,747
124,696
E1
25.74
26.99
28.34
29.77
31.24
32.81
34.44
36.17
53,539
56,139
58,947
61,922
64,979
68,245
71,635
75,234
E2
28.34
29.77
31.24
32.81
34.44
36.17
37.96
39.86
41.89
58,947
61,922
64,979
68,245
71,635
75,234
78,957
82,909
87,131
E3
31.24
32.81
34.44
36.17
37.96
39.86
41.89
43.95
46.16
64,979
68,245
71,635
75,234
78,957
82,909
87,131
91,416
96,013
APPENDIX M – DRUG-FREE WORKPLACE POLICY
Section 1. Statement of Policy
A. Both the State and the Union desire a workplace that is free from the
adverse effects of alcohol and other drugs. As such, both parties
acknowledge that substance abuse is a serious and complex, yet
treatable, condition/disease that adversely affects the productive,
personal and family lives of employees. The parties further
237
acknowledge that substance abuse may lead to safety and health
risks in the workplace, for the abusers, their co-workers, and the
public-at-large. Accordingly, the State and the Union pledge to work
collaboratively in programs designed to reduce and eradicate the
abuse of alcohol and drugs.
B. The Union recognizes the need to address problems associated with
having on-duty employees under the influence of alcohol or drugs.
The Union also recognizes the State’s obligations under the Federal
Drug-Free Workplace Act of 1988 and other Federal laws and
regulations concerning the controlling of substance abuse in the
workplace. At the same time, the State recognizes employees’ rights
to privacy and other constitutionally guaranteed rights, as well as the
due process and just cause obligations of this Agreement. Both
parties agree that the emphasis of any drug-free workplace programs
shall be to prevent substance abuse and rehabilitate employees and
to abate risks created by employees who are on duty in an impaired
condition.
C. The State will periodically provide information and training
programs concerning the impact of alcohol and other drug use on
job performance, as well as information concerning the State’s
Employee Assistance Program and any other resources that an
employee or his/her family may contact for assistance in
overcoming an alcohol and/or other drug problem. All bargaining
unit employees shall be furnished with a copy of the Employer’s
drug-free workplace policies within thirty (30) days of initial
employment with a State Agency. Additionally, each employee will
similarly be provided with a written description of the Employer’s
drug testing policy, including the procedures under which a test may
be ordered, procedures for obtaining samples for testing, how testing
will be conducted and reported to the Employer and employees, and
how medical marijuana will be addressed; and the potential
consequences of refusing to submit to testing or of positive test
results. In addition, managers and supervisors shall be provided
training about the Drug-Free Workplace Policy and alcohol and the
drug-testing program in order to ensure that the policy and program
are administered consistently, fairly, and within appropriate
Constitutional parameters. Training will be provided to all covered
employees prior to implementation based upon agreement of the
parties, joint training by the parties can be provided on an Agency
basis. New employees who are covered will be provided notice and
training prior to testing. Testing for new classifications listed in
Section 7 will not commence until such time as employees are
provided notice and training.
238
D. Any employees suffering from a substance abuse problem shall
receive the same careful consideration and offer of treatment that is
presently extended under the State’s existing benefit plans to those
employees having other mental health and substance abuse
conditions, as well as under the Employee Assistance Plan
established under Article 9 of this Agreement. The same benefits
and insurance coverages that are provided for all other illnesses,
diseases, and/or physical or psychological conditions, under the
State’s established health insurance benefit plan, shall be available
for individuals who accept medically approved treatment of
alcoholism or drug dependency.
E. An employee’s refusal to accept referral for diagnosis or to follow
the prescribed treatment will be handled in accordance with other
policies relating to job performance, subject to the contractual
grievance/arbitration procedures and other provisions of this
Agreement. No person with a substance abuse problem shall have
his/her job security or promotional opportunities jeopardized by a
request for diagnosis and/or treatment. Continued unacceptable job
performance, attendance, and/or behavioral problems will result in
disciplinary action, up to and including termination.
F. The confidential nature of the medical records of employees with
substance abuse problems shall be maintained pursuant to both Ohio
and Federal laws. Similarly, all records relating to drug tests and
their results shall be maintained in accordance with Ohio and
Federal laws.
G. All Department heads, managers, and supervisors are responsible
for adherence to, and implementation, enforcement, and monitoring
of, this policy.
Section 2. Drug-Testing Conditions
A. State Testing
1. Reasonable Suspicion
Employees covered by this Agreement may be required to
submit a urine specimen for testing for the presence of drugs or
a breath sample for the testing of the presence of alcohol:
Where there is reasonable suspicion to believe that the
employee, when appearing for duty or on the job, is under the
influence of, or his/her job performance, is impaired by alcohol
or other drugs. Such reasonable suspicion must be based upon
objective facts or specific circumstances found to exist that
present a reasonable basis to believe that an employee is under
the influence of, or is using or abusing, alcohol or drugs.
Examples of reasonable suspicion shall include, but are not
limited to, slurred speech, disorientation, abnormal conduct or
239
behavior, or involvement in an on-the-job accident resulting in
disabling personal injury requiring immediate hospitalization of
any person or property damage in excess of $2,000, where the
circumstances raise a reasonable suspicion concerning the
existence of alcohol or other drug use or abuse by the employee.
In addition, such reasonable suspicion must be documented in
writing and supported by two witnesses, including the person
having such suspicion. The immediate supervisor shall be
contacted to confirm a test is warranted based upon the
circumstances. Such written documentation must be presented
to the employee and the department head, who shall maintain
such report in the strictest confidence, except that a copy shall
be released to any person designated by the affected employee.
2. Rebuttable Presumption
The results of, or the employee’s refusal to submit to, any
test for the presence of drugs or alcohol may affect the
employee’s eligibility for Workers’ Compensation and benefits
pursuant to Chapter 4123 and 4121 of the Ohio Revised Code.
For the determination of eligibility for Workers’ Compensation
and benefits, a positive test creates a “rebuttable presumption.”
Testing and determinations will be made pursuant to Section
4123.54 or any other applicable provisions of the Ohio Revised
Code.
3. Random Testing
Employees who have direct contact with inmates, parolees
or youths in the Department of Rehabilitation and Correction
(DRC) and Department of Youth Services (DYS shall be
subject to random drug testing. All employees listed in Section
7 - Safety Sensitive Positions, shall be subject to random drug
testing.
B. Federal Testing
Employees who are required to be tested pursuant to Federal
laws and/or Federal regulations shall be tested in accordance with
those laws and regulations.
Section 3. Testing Procedures and Guarantees
A. State Testing
1. Procedures and protocols for the collection, transmission and
testing of the employees’ samples shall conform to the methods
and procedures provided by Federal regulations pursuant to the
Federal Omnibus Transportation Employee Testing Act of
1991.
2. Employees shall have the right to consult with a Union
representative, if one is available, one (1) hour prior to testing,
240
and a Union representative may accompany the employee to the
specimen collection site as long as reasonable suspicion is
called for by the Employer.
3. The random testing pools for DYS employees and DRC
employees shall be maintained on a statewide basis that
includes all employees in the Agency who are subject to
random testing. The random testing pool shall be maintained
and administered by the Drug-Free Workplace Services
Program of the Department of Administrative Services (DAS).
The percentage of employees to be tested annually will vary
during the first two (2) years of the Agreement, the percentage
of the employees to be tested annually at up to thirty percent
(30%) of the random testing pool. During the last year of the
Agreement, the percentage of the employees to be tested
annually can vary from ten percent (10%) to thirty percent
(30%) of the average total of the random testing pool.
4. The Drug-Free Workplace Office of DAS may issue the random
testing list to DYS Central Office and DRC Operation Support
Center. The Agency Central Office shall issue a list of
employees to the appropriate Facilities/Institutions. Any
employee included on the list who is subject to a random test
shall be tested within seven (7) days after the Facility/Institution
has received the random list. Any employee who is not tested
within seven (7) days after the Facility/Institution receives the
list shall not be tested as a result of that list.
5. A test result which indicates a .04% blood alcohol level will be
considered a positive test. Any employee who tests at or above
.02% and below .04% shall be immediately removed from duty
until the start of the employee’s next scheduled shift or for
twenty four (24) hours, whichever is greater. While the
employee is removed from duty, the employee may use any
accrued leave or compensatory time at the employee’s option,
or be placed in a leave without pay status if accrued leave or
compensatory time is not available.
6. The employee shall be responsible for the cost of all follow-up
alcohol and drug tests that are ordered by the Employer.
B. Federal Testing
1. The Employer will comply with all provisions of the Federal
Omnibus Transportation Employee Testing Act of 1991 and the
Federal Drug Free Workplace Act of 1988 and any other
Federal laws and regulations covering the control of substance
abuse in the workplace. Any proposed policies or guidelines
proposed by the Employer to comply with these regulations will
241
be provided to the Union. The Employer will comply with any
bargaining obligations as required by law.
2. The random testing pool shall be maintained and administered
by the Drug Free Workplace Services Program of the DAS.
Section 4. General Provisions Applicable to All Testing
A. Subject to the reasonable requirements of the laboratory, the Union
shall have the right, upon reasonable request made to the laboratory,
to inspect and observe any aspect of the drug testing program, with
the exception of individual test results. The Union may inspect
individual test results, if the release of such information is
authorized, in writing, by the affected employee.
B. Covered employees will be selected from the random selection pool
by a computer-driven random number process based upon the
position numbers of all positions for which testing is required.
Procedures will be developed by each Agency and work site with
the approval of the Drug-Free Workplace Services pursuant to
statewide policy.
C. Periodically, at the Union’s discretion, the Union shall have the
opportunity to audit the State’s sampling and testing procedures.
D. If the employee is sent home after notice is received by the
Employer that he/she tested positive, the Employer shall place the
employee on administrative leave with pay pending notice of the
pre-disciplinary meeting. If the employee does not waive the
seventy-two (72) hour pre-disciplinary meeting requirement, the
employee shall be placed on approved administrative leave without
pay and may use any accruals to cover the time off.
E. All sample collection shall be conducted off-site by professional
non-State personnel subject to the requirements of the testing lab
unless the parties on a facility-by-facility basis mutually agree to an
alternative sample collection process.
F. Travel time and testing are to be considered “time worked” for
compensation purposes.
Section 5. Notice of Drug-Related Convictions
As required by the Federal Drug-Free Workplace Act of 1988, each
employee covered by this Agreement is required to notify his/her
Agency Head or his/her designee, within five (5) days after he/she is
convicted of a violation of any federal or State criminal drug statute,
provided such conviction occurred at the workplace or any location
where the employee is working at the time of the incident which led to
the conviction. Each Agency is required to notify any federal Agency
with which it has a contract or grant, within ten (10) days after receiving
notice from the employee, of the fact of such conviction. Any
employee’s failure to report such a conviction will subject such
242
employee to disciplinary action, up to and including termination
consistent with the just cause standards set forth in Article 24 of this
Agreement. An Agency Head or his/her designee may refer such
employees to the Employee Assistance Program for referral and
treatment.
Section 6. Disciplinary Action
On the first occasion in which any employee who is determined to
be under the influence of, or using, alcohol or other drugs, while on duty,
as confirmed by testing pursuant to this policy, the employee shall be
given the opportunity to enter into and successfully complete a substance
abuse program certified by the Ohio Department of Mental Health and
Addiction Services. No disciplinary action shall be taken against the
employee, provided he/she successfully completes the program. Last
Chance Agreements shall not be effective for longer than five (5) years,
except if any of the following situations led to the drug or alcohol testing,
in which case the Last Chance Agreement shall be of an unlimited
duration:
1. Any accident involving a fatality;
2. Any accident in which the driver is cited and there is disabling
damage to the vehicle(s) requiring tow-away; or
3. Any accident in which the driver is cited and off site medical
treatment was required.
Any Last Chance Agreements entered into during the term of the
last contract shall be subject to the above provision.
Employees on their initial probationary period who test positive for
drugs or alcohol from either a random or reasonable suspicion test shall
not be eligible for a Last Chance Agreement or EAP Agreement. The
probationary employee shall be terminated on the first occasion in which
they test positive for alcohol or other drugs.
Section 7. Safety Sensitive Positions
The following classifications are considered to be safety sensitive
positions. Employees in these classifications shall be subject to random
testing as described above.
B.U.
Class No.
Title
4
44213
Activity Therapy Specialist 1
4
44214
Activity Therapy Specialist 2
6
54211
Aircraft Attendant
6
54221
Aircraft Maintenance Technician
7
21582
Amusement Ride and Game Inspector
7
21583
Amusement Ride and Game Lead Inspector
14
24951
Aviator
243
B.U.
Class No.
Title
7
24121
Boiler Inspector
6
54542
Boiler Operator
7
24421
Breath Alcohol Testing Inspector
13
85851
Bridge Specialist 1
13
85852
Bridge Specialist 2
7
24110
Building Inspector 1
7
24111
Building Inspector 2
7
24332
CDL Field Representative
4
42741
Certified Pharmacy Technician
4
18111
Children’s Teacher Aide 1
4
18112
Children’s Teacher Aide 2
4
18113
Children’s Teacher Aide 3
3
46531
Correction Officer
13
86141
Criminalist
7
24341
Customer Service Specialist 1
7
24342
Customer Service Specialist 2
6
53821
Delivery Worker
7
24331
Driver License Examiner 1
7
24333
Driver License Examiner 2 (Lead Worker)
7
24131
Electrical Safety Inspector
7
24141
Elevator Inspector
7
24140
Elevator Inspector Trainee
13
86150
Evidence Intake Technician
7
26531
Fire and Explosion Invest. Bureau Investigator
7
26591
Firefighter
4
44211
General Activities Therapist 1
4
44212
General Activities Therapist 2
7
23161
Hazardous Materials Investigation Specialist 1
7
23162
Hazardous Materials Investigation Specialist 2
4
44111
Hospital Aide
4
44113
Hospital Aide Coordinator 1
4
44114
Hospital Aide Coordinator 2
7
26211
Investigator (only in the Lottery Commission
and the Department of Public Safety, Private
Investigator and Security Guard Section)
4
44161
Licensed Practical Nurse
7
26592
Lieutenant Firefighter
7
23111
Motor Carrier Enforcement Inspector
244
B.U.
Class No.
Title
7
24123
Nuclear Boiler Inspector
4
44310
Occupational Therapy Assistant
7
21561
Pharmacy Board Agent
7
24161
Plumbing Inspector 1
7
24162
Plumbing Inspector 2
3
44141
Psychiatric Attendant
3
44142
Psychiatric Attendant Coordinator
7
23181
Public Utilities Gas Pipeline Safety
Compliance Investigator
7
23311
Railroad Inspector 1
7
23312
Railroad Inspector 2
7
23313
Railroad Inspector 3
6
54461
Research Vessel Operator
3
46111
Security Officer 1
3
46112
Security Officer 2
4
44112
Therapeutic Program Worker
4
44260
Therapy Aide
6
54441
Vehicle Operator 1
3
46611
Youth Leader (Blind/Deaf School)
*Construction employees pursuant to the Department of
Transportation’s Agency Specific Agreement, reference Section L in
Appendix Q.
APPENDIX N – WORK AREAS FOR MENTAL HEALTH AND
ADDICTION SERVICES, DEVELOPMENTAL DISABILITIES,
DEPARTMENT OF YOUTH SERVICES AND DEPARTMENT
OF VETERANS SERVICES
Memorandum of Understanding for Implementation of Work
Areas for Mental Health and Addiction Services, Developmental
Disabilities, Department of Youth Services, and Department of Veterans
Services of 8/31/87 and as amended.
A. Work Areas for Mental Health and Addiction Services,
Developmental Disabilities, Department of Youth Services, and
Department of Veterans Services
“Work areas,” for the purposes of this memorandum, shall be
defined as the physical setting wherein an employee performs
his/her assigned work on a regular basis. (Examples include, but are
not limited to, a ward, unit, module, cottage or 1/2 a cottage, kitchen,
245
laundry, building or facility.)
B. Selection of Work Area Process
Within thirty (30) days of the completion of the specified work
area negotiations (as outlined in G), each institution shall post all the
work area assignments (as defined in A above) for the positions
identified in Appendix N. The postings shall include the
classification, exact work area, the regularly scheduled days off
pursuant to Article 13, and the shift. The affected employees (in
classifications listed in Appendix N) at each institution shall be
canvassed jointly by the Employer and the Union in institutional
seniority order with the most senior employee being asked his/her
preference first; the next most senior employee second, etc. Those
employees shall be permitted to select their preferred work area. The
work area shall be awarded to the employee with the most
institutional seniority unless the Agency can show that the skills and
abilities of a junior employee who has bid on the work area are
demonstrably superior to the senior employee. Successful bidders
shall meet any professional needs of the position. When the
Employer denies an employee his/her preferred work area
assignment because the employee, does not meet the professional
needs, it shall be the Employers burden to demonstrate that the
employee does not meet the professional needs.
The Employer retains the right to deny a bid and/or change an
assignment for good management reasons, including but not limited
to the best interest of the client, patient, resident or youth after
consultation with the affected employee and the Union. If the
Employer denies a bid and/or changes an assignment for good
management reasons, the Employer must place the employee in a
position on the same shift, hours and days off as the bid position. In
addition, the Employer also retains its ability to exercise its rights in
accordance with Section 13.05 of the Collective Bargaining
Agreement.
The canvass will be stopped if an individual employee is not
available for making the selection unless the Union and the
Employer mutually agree to do otherwise. The canvass will continue
once this employee is contacted and has made his/her selection.
Employees on any approved leave will be canvassed as part of the
regular canvass. The employee who fills the work area assignment
desired by the employee on approved leave will be informed that the
assignment is temporary. Upon the return to work of the employee
on leave, the employee who filled that assignment will be assigned
to an available opening or may express preference if there are
multiple openings. The displaced employee will not have bumping
246
rights in this instance. Every reasonable effort will be made to move
the employee to the work area within fourteen (14) days of the
completion of the canvass. However, in emergencies or where
abnormal workloads exist in the employee’s incumbent work area,
assignment may be delayed up to forty-five (45) calendar days after
the completion of the canvass.
C. Filling of Work Area Openings
Thereafter, employees shall be given the opportunity to bid for
work area openings in their job classification in other work areas
within their institutions. Work area openings shall be posted for at
least ten (10) calendar days, and shall include all the information
contained on the postings for the first time canvass with the
additional information of the anticipated date by which the work
area opening will be filled. The work area shall be awarded to the
employee with the most institutional seniority unless the Agency
can show that the skills and abilities of a junior employee who has
bid on the work area are demonstrably superior to the senior
employee. Successful bidders shall meet any professional needs of
the position. When the employee denies an employee his/her
preferred work area opening because the employee does not meet
the professional needs, it shall be the Employer’s burden to
demonstrate that the employee does not meet the professional needs.
Employees are limited to exercising their right to bid on a work area
opening to two (2) successful bids a year (excluding the first
canvassing described in B above). There shall be no more than two
(2) additional work area selections resulting from the filling of a
work area opening. Work area openings not filled in this manner
shall be considered in accordance with the provisions of Article 17.
D. Integrity of the Work Area
The Employer shall not change the make-up and basic nature of
the work areas so as to subvert any rights guaranteed by this
memorandum; provided, however, any assignment that requires an
employee to leave the work area with a client, patient, resident or
youth shall be followed by the employee and shall not constitute a
change in the make-up or basic nature of the work area. Further, if
the Employer determines it is necessary to move an entire unit, ward,
wing, or group of clients, patients, residents or youth, the move shall
not constitute a change in the make-up or basic nature of the work
area, and the employees assigned to the work area(s) shall move
with the client(s), patient(s), resident(s), or youth. If, through
necessary reorganization of the institution, the nature of the work
area changes, such changes shall be discussed in Institutional
Labor/Management Committee meetings. If agreement cannot be
247
reached at such meetings, the proposed change shall be discussed at
Department level Labor/Management Committee meetings. If
agreement cannot be reached, the Union may grieve such work area
changes utilizing the applicable provisions outlined in Article 25 of
the Collective Bargaining Agreement.
E. Expansion of MHAS, DD, DYS, VS, and Facilities
In the event the Employer expands any of the institutions
covered by this memorandum, or constructs new ones, it shall
provide timely notice to the local Chapter President and the OCSEA
President or designee. Within thirty (30) days of this notice, the local
Labor/Management team will meet to discuss the new work areas at
the facility. If agreement cannot be reached, the Union may grieve
such work area changes utilizing the applicable provisions outlined
in Article 25 of the Collective Bargaining Agreement.
F. Relief Assignments
Relief positions shall be put up for bid as part of the initial
canvass and as they become work area openings. Relief assignment
shall be utilized by the Employer as a regular assignment. All
employees who work in relief positions shall be allowed to, on a
daily basis, by seniority, pick the area they are to serve as relief for
that day. This Section shall not result in the reduction of currently
filled single post assignments unless mutually agreed to by the
parties. How the relief position(s) will be utilized shall be the subject
of the separate local work area negotiations.
G. Specific Work Area Negotiations
Within thirty (30) days of this Agreement, the local Chapter
President and up to two (2) additional representatives, along with an
OCSEA Staff Representative(s) shall meet with the Employer at
each institution in MHAS, DD, DYS, VS and to negotiate the
specific work areas as defined by this memorandum. It is the goal of
the parties to resolve any work area disputes in these local
institutional negotiations. However, if agreement cannot be reached
at such negotiations, the following procedure shall be used for the
resolution of those work areas in dispute. Within forty-five (45) days
of the signing of this memorandum, local officials from the
appropriate institution and OCSEA Staff will meet with
representatives from the appropriate Agency and the Office of
Collective Bargaining in a good faith effort to resolve the remaining
work area disputes.
In the event the parties cannot agree, the Union and the
Employer shall submit a final offer stipulating their positions on the
disputed work area and the arbitrator will select the “best offer” from
the detailed proposals submitted by the parties.
248
H. Seniority Lists
Within thirty (30) days of this Agreement, the Employer shall
provide to the Chapter President what it believes to be the correct
institutional seniority list for all affected employees. Additionally,
written notification of each employee’s institutional seniority shall
be provided to each employee with their paycheck. Employees who
believe the institutional seniority date to be in error shall meet with
the appropriate Management personnel and Union representative in
an effort to determine the correct seniority date. If no agreement can
be reached as to what is the correct institutional seniority date, the
employee may utilize the grievance procedure starting at Step Two.
Listings of Employee Job Classifications in Mental Health and
Addiction Services, Developmental Disabilities, Department of
Youth Services, and Department of Veterans Services
Institutions Covered by the Memorandum of Understanding
Concerning Work Area Assignments
Bargaining Unit No. 3
Psychiatric Attendant
Psychiatric Attendant Coordinator
Juvenile Correctional Officer
Correction Officer
Bargaining Unit No. 4
Social Service Aide
Adult Teacher Aide 1
Adult Teacher Aide 2
Adult Teacher Aide 3
Vocation Instructor 1
Vocation Instructor 2
Rehabilitation Aide
Recreation Aide
Hospital Aide
Therapeutic Program Worker
Hospital Aide Coordinator 1
Hospital Aide Coordinator 2
Licensed Practical Nurse
Activities Aide
General Activities Therapist 1
General Activities Therapist 2
Activities Therapist Specialist 1
Activities Therapist Specialist 2
Children’s Teacher Aide 1
Children’s Teacher Aide 2
Children’s Teacher Aide 3
249
Therapy Aide
Mental Health Technician 1
Child Care Worker
Bargaining Unit No. 5
Custodial Work Coordinator
Custodial Laundry Coordinator
Custodial Worker
Food Service Worker
Cook 1
Cook 2
Food Service Coordinator 1
Food Service Coordinator 2
Food Consultant
Correctional Food Service Coordinator
Baker
Bargaining Unit No. 14
Mental Health Administrator
APPENDIX O – ALPHABETICAL CLASSIFICATION LIST
Note: All classifications numbered 30000 through 39999 are
holding classifications. These classifications can be found in Appendices
A through H.
B.U.
Class No.
Pay Range
Title
9
66391
31
Account Executive
9
66111
26
Accountant/Examiner 1
9
66112
28
Accountant/Examiner 2
14
66113
30
Accountant/Examiner 3
14
66114
31
Accountant/Examiner 4
4
44210
04
Activities Aide
4
44213
27
Activity Therapy Specialist 1
4
44214
29
Activity Therapy Specialist 2
6
52351
08
Adaptive Equipment Technician
9
16871
27
Administrative Professional 1
9
16872
28
Administrative Professional 2
9
16873
30
Administrative Professional 3
4
18121
26
Adult Teacher Aide 1
4
18122
27
Adult Teacher Aide 2
4
18123
28
Adult Teacher Aide 3
7
21311
31
Agriculture Enforcement Agent
13
85721
32
Air Quality Engineer 1
250
B.U.
Class No.
Pay Range
Title
6
52291
08
Air Quality Technician 1
6
52292
09
Air Quality Technician 2
6
54211
06
Aircraft Attendant
6
54221
11
Aircraft Maintenance Technician
7
21582
30
Amusement Ride and Game Inspector
7
21583
31
Amusement Ride and Game Lead
Inspector
7
21111
31
Animal Health Inspector
13
85113
34
Architect
14
63510
29
Assistant Liaison Officer
14
63842
31
Attorney 1
14
63843
32
Attorney 2
14
63844
33
Attorney 3
7
52642
31
Audio/Visual Production Specialist
7
52641
07
Audio/Visual Specialist
9
16781
29
Auto Liability Claims Specialist 1
9
16782
30
Auto Liability Claims Specialist 2
6
52111
06
Automotive Body Repair Worker 1
6
52112
08
Automotive Body Repair Worker 2
6
52131
05
Automotive Mechanic 1
6
52132
07
Automotive Mechanic 2
6
52130
02
Automotive Service Worker
6
52133
09
Automotive Technician
14
24951
35
Aviator
9
64481
28
Benefits Customer Service
Representative
14
65250
30
Benefits Management Representative
14
63961
34
Board of Tax Appeals Hearing
Officer
7
24121
31
Boiler Inspector
6
54542
06
Boiler Operator
14
66241
28
Bond Accountant 1
14
66242
30
Bond Accountant 2
14
66243
31
Bond Accountant 3
14
66244
32
Bond Accountant Coordinator
7
24421
28
Breath Alcohol Testing Inspector
13
85851
31
Bridge Specialist 1
13
85852
32
Bridge Specialist 2
6
53231
07
Bridge Worker 1
6
53232
08
Bridge Worker 2
7
52611
28
Broadcasting Engineer
251
B.U.
Class No.
Pay Range
Title
14
63261
32
Budget Analyst
7
24110
28
Building Inspector 1
7
24111
30
Building Inspector 2
14
64571
30
Business Enterprise Specialist
14
69961
33
Business Process Analyst 1
14
69962
35
Business Process Analyst 2
14
69963
36
Business Process Analyst 3
14
63311
28
Business Services Officer
14
63981
34
BWC Attorney 1
14
63982
35
BWC Attorney 2
9
16720
28
BWC Claims Assistant
9
33292
29
BWC Claims Representative 2
9
33294
31
BWC Claims Representative 4
9
16722
30
BWC Claims Specialist
9
33411
29
BWC Customer Service
Representative
9
64451
28
BWC Customer Service
Representative
9
63521
28
BWC Employer Service
Representative
9
66431
31
BWC External Auditor
9
26262
33
BWC Fraud Analyst
9
26261
32
BWC Fraud Investigator
9
16721
29
BWC Medical Claims Specialist
9
66791
31
BWC Underwriter
6
22560
24
Campground Attendant
6
22565
27
Campground Coordinator 1
6
22566
28
Campground Coordinator 2
14
64331
29
Cancer Registrar
6
52241
07
Carpenter 1
6
52242
08
Carpenter 2
14
69471
32
Case Management Analyst
9
16111
05
Cashier
7
24332
29
CDL Field Representative
9
16841
27
Certification/Licensure Examiner 1
9
16842
28
Certification/Licensure Examiner 2
4
44171
27
Certified Peer Recovery Supporter
4
42741
05
Certified Pharmacy Technician
4
18111
03
Children’s Teacher Aide 1
4
18112
04
Children’s Teacher Aide 2
4
18113
25
Children’s Teacher Aide 3
252
B.U.
Class No.
Pay Range
Title
7
21681
32
Chiropractic Board Enforcement
Investigator
14
63481
33
Civil Rights Alternative Dispute Res.
Mediator
14
69111
29
Civil Rights Investigator 1
14
69112
31
Civil Rights Investigator 2
9
16791
26
Claims Examiner 1
9
16792
27
Claims Examiner 2
9
16793
28
Claims Examiner 3
9
16794
29
Claims Examiner 4
5
14211
04
Commissary Worker 1
5
14212
06
Commissary Worker 2
4
44731
27
Community Adjustment Trainer
14
66381
32
Community Development Analyst
14
64171
34
Computer Acquisition Analyst 1
14
64172
35
Computer Acquisition Analyst 2
14
64173
36
Computer Acquisition Analyst 3
9
12374
30
Computer Operations Analyst
9
12370
25
Computer Operator 1
9
12371
26
Computer Operator 2
9
12372
28
Computer Operator 3
9
12373
29
Computer Operator 4
13
85831
31
Construction Project Specialist 1
13
85833
32
Construction Project Specialist 2
13
85834
33
Construction Project Specialist 3
13
85835
34
Construction Project Specialist 4
14
66451
30
Consumer Finance Examiner 1
14
66452
31
Consumer Finance Examiner 2
14
66453
33
Consumer Finance Examiner 3
14
66454
34
Consumer Finance Examiner 4
14
66551
30
Contract Evaluator/Negotiator
5
42351
03
Cook 1
5
42352
05
Cook 2
3
46531
28
Correction Officer
14
63231
28
Correction Records Management
Officer
14
63232
29
Correction Records Sentence
Computation/Release Officer
3
46532
29
Correction Sergeant/Counselor
6
46541
08
Correctional Farm Coordinator
253
B.U.
Class No.
Pay Range
Title
5
42451
28
Correctional Food Service
Coordinator
5
42541
28
Correctional Laundry Coordinator
7
21511
29
Cosmetology/Barber Inspector
7
26121
30
Criminal Investigator 1
7
26122
31
Criminal Investigator 2
14
64721
32
Criminal Justice Field Representative
14
64712
31
Criminal Justice Planner
14
64711
30
Criminal Justice Planning Specialist
13
86141
33
Criminalist
5
42111
02
Custodial Worker
9
64431
27
Customer Service Assistant 1
9
64432
28
Customer Service Assistant 2
9
64433
29
Customer Service Assistant 3
9
16851
29
Customer Service Associate
9
64282
29
Customer Service Disabled Veterans
Outreach Specialist
9
64281
29
Customer Service Representative
9
64284
30
Customer Service Specialist
7
24341
29
Customer Service Specialist 1
7
24342
30
Customer Service Specialist 2
9
64283
29
Customer Service Veterans
Employment Representative
14
66931
33
Data Analytics Specialist
9
12351
25
Data Control Technician 1
9
12352
26
Data Control Technician 2
9
12353
27
Data Control Technician 3
9
12331
04
Data Entry Operator 1
9
12332
25
Data Entry Operator 2
9
12333
26
Data Entry Operator 3
9
12321
04
Data Processor 1
9
12322
25
Data Processor 2
9
12323
26
Data Processor 3
14
32382
35
Data Security Analyst 2
9
12311
27
Data Storage Technician 1
9
12312
28
Data Storage Technician 2
14
12391
28
Data Systems Coordinator 1
14
12392
29
Data Systems Coordinator 2
9
12821
28
Data Systems Scheduler 1
9
12822
29
Data Systems Scheduler 2
9
12823
31
Data Systems Scheduler 3
254
B.U.
Class No.
Pay Range
Title
9
12824
32
Data Systems Scheduler 4
9
12361
24
Data Technician 1
9
12362
25
Data Technician 2
14
69951
33
Database Administration Specialist 1
14
69952
35
Database Administration Specialist 2
14
69953
36
Database Administration Specialist 3
6
53821
05
Delivery Worker
14
66981
32
Demographer
4
86313
27
Dental Assistant
7
21591
32
Dental Board Enforcement Officer
14
63361
29
Deputy Registrar Field Representative
13
85421
31
Design Engineer 1
13
85422
33
Design Engineer 2
13
85821
30
Design Specialist 1
13
85822
31
Design Specialist 2
13
85823
33
Design Specialist 3
13
85824
34
Design Specialist 4
13
85110
30
Designer 1
13
85111
32
Designer 2
14
16762
30
Disability Claims Adjudicator
14
16763
31
Senior Disability Claims Adjudicator
14
16761
29
Disability Claims Development
Analyst
14
16764
32
Disability Claims Specialist
14
64911
29
Disaster Services Consultant 1
14
64912
32
Disaster Services Consultant 2
9
14751
8
Dock Coordinator
9
12721
28
Document Delivery Technician
7
84111
25
Drafting Technician 1
7
84112
27
Drafting Technician 2
6
54421
06
Dredge Operator 1
6
54422
07
Dredge Operator 2
7
24331
28
Driver License Examiner 1
7
24333
29
Driver License Examiner 2 (Lead
Worker)
13
83451
28
Ecological Analyst 1
13
83452
30
Ecological Analyst 2
14
69604
E3
Education Program Specialist
4
86331
29
EEG/EKG Technician
14
69162
31
EEO Contract/Program Coordinator
14
69161
30
EEO Contract/Program Officer
255
B.U.
Class No.
Pay Range
Title
14
69163
32
EEO Contract/Program Specialist
14
69160
28
EEO Contract/Program Technician
14
69132
30
EEO Officer
14
69131
27
EEO Technician
7
24131
31
Electrical Safety Inspector
7
24130
28
Electrical Safety Inspector Trainee
6
52281
07
Electrician 1
6
52282
08
Electrician 2
7
52661
31
Electronic Design Coordinator
7
52662
32
Electronic Design Specialist
7
84411
29
Electronic Technician
7
24141
32
Elevator Inspector
7
24140
29
Elevator Inspector Trainee
7
24921
30
Embalmer and Funeral Facility
Inspector
9
64682
29
Employee Benefits Coordinator 2
14
66432
31
Employee Services Specialist
9
64224
31
Employment Services Coordinator
14
66971
29
Energy Analyst 1
14
66972
32
Energy Analyst 2
14
66973
33
Energy Program Developer
13
66361
35
Energy Specialist
9
84371
26
Engineering Clerk
14
69981
35
Enterprise Security Professional 1
14
69982
36
Enterprise Security Professional 2
13
85712
32
Environmental Engineer 2
14
64461
31
Environmental Public Information
Officer
13
85861
31
Environmental Specialist 1
13
85862
32
Environmental Specialist 2
13
85863
33
Environmental Specialist 3
13
85864
34
Environmental Specialist 4
13
65761
29
Epidemiology Investigator 1
13
65762
32
Epidemiology Investigator 2
13
65763
33
Epidemiology Investigator 3
6
54411
05
Equipment Operator 1
6
54412
06
Equipment Operator 2
6
54413
07
Equipment Operator 3
6
54414
07
Equipment Operator 4
7
24511
31
Ergonomist 1
7
24512
33
Ergonomist 2
256
B.U.
Class No.
Pay Range
Title
7
24513
34
Ergonomist 3
7
26221
32
Ethics Commission Special
Investigator
13
86150
29
Evidence Intake Technician
6
52821
27
Exploratory Drill Operator 1
6
52822
29
Exploratory Drill Operator 2
14
66461
31
External Auditor 1
14
66462
32
External Auditor 2
14
66463
33
External Auditor 3
6
53161
07
Facility Maintenance Specialist 1
6
53162
09
Facility Maintenance Specialist 2
6
53163
11
Facility Maintenance Specialist 3
14
66562
30
Financial Analyst
14
66561
28
Financial Associate
14
66141
30
Financial Institution Examiner 1
14
66142
31
Financial Institution Examiner 2
14
66143
33
Financial Institution Examiner 3
14
66144
34
Financial Institution Examiner 4
14
66145
35
Financial Institution Examiner 5
14
66140
29
Financial Institution Examiner
Trainee
14
64811
28
Fine Arts Specialist 1
14
64812
30
Fine Arts Specialist 2
14
64813
32
Fine Arts Specialist 3
7
26531
33
Fire & Explosion Investigation
Bureau Investigator
14
26541
28
Fire Safety Educator 1
14
26542
30
Fire Safety Educator 2
7
26521
30
Fire Safety Inspector
7
26560
29
Fire Training Equipment Technician
14
26561
30
Fire Training Officer 1
14
26562
31
Fire Training Officer 2
7
26591
07
Firefighter
13
22232
29
Fish Hatchery Coordinator
6
22221
27
Fish Management Technician
13
22222
29
Fish Management Unit Leader
13
22271
30
Fisheries Biologist 1
13
22272
31
Fisheries Biologist 2
7
21291
31
Food Safety Specialist 1
7
21292
32
Food Safety Specialist 2
5
42411
04
Food Service Coordinator 1
257
B.U.
Class No.
Pay Range
Title
5
42412
06
Food Service Coordinator 2
5
42341
01
Food Service Worker
14
67411
33
Forensic Computer Specialist 1
14
67412
34
Forensic Computer Specialist 2
14
67421
32
Forensic Specialist
13
22322
30
Forester
13
22321
28
Forestry Technician
4
44211
26
General Activities Therapist 1
4
44212
27
General Activities Therapist 2
13
83821
29
Geologist 1
13
83822
31
Geologist 2
13
83823
32
Geologist 3
13
83824
33
Geologist 4
7
83820
28
Geology Technician
14
85671
29
GIMS Technician 1
14
85672
30
GIMS Technician 2
14
85771
30
GIMS Specialist 1
14
85772
32
GIMS Specialist 2
14
63161
28
Grants Coordinator 1
14
63162
30
Grants Coordinator 2
7
82111
27
Graphic Artist
6
53611
04
Groundskeeper 1
6
53612
05
Groundskeeper 2
6
53613
06
Groundskeeper 3
7
23161
31
Hazardous Materials Investigation
Specialist 1
7
23162
33
Hazardous Materials Investigation
Specialist 2
9
17221
28
Health Financial Resource Specialist
14
64361
27
Health Information Technician 1
14
64362
29
Health Information Technician 2
13
84642
31
Health Physicist
7
26291
32
Healthcare Investigator Specialist
14
63821
27
Hearing Assistant
6
53211
05
Highway Maintenance Worker 1
6
53212
06
Highway Maintenance Worker 2
6
53213
07
Highway Maintenance Worker 3
6
53214
08
Highway Maintenance Worker 4
7
53771
06
Highway Technician 1
7
53772
07
Highway Technician 2
7
53776
08
Highway Technician 3C/M
258
B.U.
Class No.
Pay Range
Title
7
53773
08
Highway Technician 3M
7
53774
09
Highway Technician 4
7
53775
10
Highway Technician 5
7
53781
07
Highway Technician Equipment
Specialist
13
65951
31
Histotechnologist
13
83831
27
Horticulturist 1
13
83832
28
Horticulturist 2
4
44111
04
Hospital Aide
4
44113
26
Hospital Aide Coordinator 1
4
44114
27
Hospital Aide Coordinator 2
14
67331
31
Housing Development Analyst
14
67352
31
Housing Examiner
14
67351
28
Housing Examiner Trainee
14
67321
30
Housing Grant Analyst 1
14
67322
32
Housing Grant Analyst 2
14
67323
33
Housing Grant Analyst 3
14
63971
32
Human Services Hearing Officer 1
14
63972
33
Human Services Hearing Officer 2
14
63922
35
Industrial Commission District
Hearing Officer
14
63923
36
Industrial Commission Staff Hearing
Officer 1
7
24481
28
Industrial Safety Consultant 1
7
24482
29
Industrial Safety Consultant 2
7
24483
31
Industrial Safety Consultant 3
7
24484
33
Industrial Safety Consultant Specialist
7
24471
30
Industrial Safety Hygienist 1
7
24472
31
Industrial Safety Hygienist 2
7
24473
33
Industrial Safety Hygienist 3
7
24474
34
Industrial Safety Hygienist 4
7
24411
29
Industrial Safety Inspector
14
69921
30
Information Technologist 1
14
69922
32
Information Technologist 2
14
69923
33
Information Technologist 3
14
69910
29
Information Technology Apprentice
14
64161
35
Information Technology Consultant 1
14
64411
27
Information Writer 1
14
64412
29
Information Writer 2
14
69931
33
Infrastructure Specialist 1
14
69932
34
Infrastructure Specialist 2
259
B.U.
Class No.
Pay Range
Title
14
69933
35
Infrastructure Specialist 3
14
69934
36
Infrastructure Specialist 4
7
26181
27
Institutional Identification Officer
14
66731
31
Insurance Actuarial Analyst 1
14
66732
33
Insurance Actuarial Analyst 2
14
66733
35
Insurance Actuarial Analyst 3
14
66734
36
Insurance Actuarial Analyst 4
7
67231
30
Insurance Complaint Analyst 1
7
67232
31
Insurance Complaint Analyst 2
7
67233
32
Insurance Complaint Analyst 3
14
67212
32
Insurance Compliance Examiner 2
14
67213
33
Insurance Compliance Examiner 3
14
66741
31
Insurance Contract Analyst 1
14
66742
32
Insurance Contract Analyst 2
14
66743
33
Insurance Contract Analyst 3
14
66744
34
Insurance Contract Analyst 4
14
66745
35
Insurance Contract Analyst 5
14
67221
33
Insurance Examination Data
Specialist
14
66722
32
Insurance Examiner/Analyst
7
26271
30
Insurance Investigation Officer 1
7
26272
32
Insurance Investigation Officer 2
7
26273
33
Insurance Investigation Officer 3
7
66771
30
Insurance Licensing Examiner
6
53324
11
Intelligent Transportation Systems
Specialist
7
24120
30
Interim Boiler Inspector
14
66483
32
Internal Auditor
14
66411
31
Internal Auditor 1
14
66412
32
Internal Auditor 2
14
66413
33
Internal Auditor 3
14
66421
30
Internal EDP Auditor 1
14
66422
34
Internal EDP Auditor 2
9
64551
26
Inventory Control Specialist 1
14
64552
28
Inventory Control Specialist 2
7
26211
31
Investigator
7
26210
27
Investigator Assistant
14
69971
36
IT Architect/Consultant 1
14
66484
32
IT Internal Auditor
14
64731
32
Jail Inspector
3
46514
28
Juvenile Correctional Officer
260
B.U.
Class No.
Pay Range
Title
6
52341
11
Lab Machinist
14
66331
28
Labor Market Analyst 1
14
66332
30
Labor Market Analyst 2
14
66333
31
Labor Market Analyst 3
7
86110
02
Laboratory Assistant
13
63281
30
Laboratory Facilities Planner
6
52341
09
Laboratory Machinist
13
83291
29
Laboratory Scientist 1
13
83292
31
Laboratory Scientist 2
13
83293
32
Laboratory Scientist 3
7
86111
24
Laboratory Technician 1
7
86112
27
Laboratory Technician 2
6
53811
02
Laborer
6
53813
04
Laborer Crew Leader
5
42521
01
Laundry Worker
14
63841
30
Law Clerk
7
82121
29
Layout Design Artist
14
63840
28
Legal Intern
14
63511
33
Liaison Officer 1
9
18311
25
Library Assistant 1
9
18312
27
Library Assistant 2
4
44261
28
Licensed Physical Therapy Assistant
4
44161
10
Licensed Practical Nurse
4
44162
10
Licensed Practical Nurse (MDS)
7
26592
08
Lieutenant Firefighter
6
52861
08
Locksmith
6
53851
08
Lottery Delivery Worker
14
46131
26
Lottery Game Security Specialist
14
64581
30
Lottery Ticket Sales Rep 1
14
64582
31
Lottery Ticket Sales Rep 2
6
52311
07
Machinist 1
6
52312
08
Machinist 2
9
12731
04
Mail Clerk/Messenger
9
12732
05
Mail Clerk/Screener
6
53111
04
Maintenance Repair Worker 1
6
53112
05
Maintenance Repair Worker 2
6
53113
07
Maintenance Repair Worker 3
14
63211
30
Management Analyst
7
84321
26
Materials Controller 1
7
84322
27
Materials Controller 2
261
B.U.
Class No.
Pay Range
Title
7
84323
29
Materials Controller 3
7
21231
30
Meat Inspector
7
21230
28
Meat Inspector Trainee
9
14721
04
Mechanical Stores Clerk
7
21531
31
Medical Board Compliance Officer
7
21541
32
Medical Board Investigator
13
65221
30
Mental Health Administrator 1
7
24710
31
Mine Rescue Operations Coordinator
7
24711
31
Mine Safety Inspector 1
7
24712
33
Mine Safety Inspector 2
7
22931
30
Mineral Resources Inspector 1
7
22932
31
Mineral Resources Inspector 2
7
22933
32
Mineral Resources Inspector 3
14
69191
30
Minority Procurement Analyst 1
14
69192
32
Minority Procurement Analyst 2
14
69193
32
Minority Procurement Coordinator
7
26131
32
Mitigation Investigation Specialist
7
23111
29
Motor Carrier Enforcement Inspector
6
52141
06
Motor Fleet Coordinator
6
52142
07
Motor Fleet Coordinator Specialist
7
24351
28
Motor Vehicle Inspector
14
24321
30
Motor Vehicle Investigator
14
24320
28
Motor Vehicle Investigator Associate
6
53831
04
Mover 1
6
53832
07
Mover 2
13
85761
32
Natural Resources Engineer 1
13
85762
33
Natural Resources Engineer 2
13
85760
31
Natural Resources Engineer Intern
6
22621
03
Natural Resources Technician 1
6
22622
05
Natural Resources Technician 2
6
22623
07
Natural Resources Technician 3
6
22611
*
2
Natural Resources Worker
13
22541
28
Naturalist
13
22540
26
Naturalist Aide
7
24123
32
Nuclear Boiler Inspector
7
21621
32
Nursing Board Enforcement Agent
7
24521
30
Occupational Safety & Hygiene
Fellow
2
Pay Range is assigned under Appendix Q – Ohio Department of
Natural Resources (ODNR) Agency Specific.
262
B.U.
Class No.
Pay Range
Title
4
44310
29
Occupational Therapy Assistant
9
12141
24
Office Professional 1
9
12142
26
Office Professional 2
6
52251
07
Painter 1
6
52252
08
Painter 2
14
63810
27
Paralegal/Legal Assistant 1
14
63811
29
Paralegal/Legal Assistant 2
4
65313
29
Paramedic
14
63711
33
Parole Board/Release Authority
Hearing Officer
14
64561
29
Penal Industries Sales Representative
6
46552
29
Penal Workshop Quality Control
Specialist
6
46551
28
Penal Workshop Specialist
9
84571
26
Permit Technician 1
9
84572
30
Permit Technician 2
14
64671
28
Personnel Testing Specialist 1
14
64672
30
Personnel Testing Specialist 2
14
64673
32
Personnel Testing Specialist 3
7
21561
33
Pharmacy Board Agent
7
21551
30
Pharmacy Board Inspector
4
86121
27
Phlebotomist
7
82210
28
Photographer
13
85311
28
Planner 1
13
85312
30
Planner 2
13
85313
32
Planner 3
13
85211
35
Plans Examiner
7
21181
31
Plant Health Inspector
6
52261
07
Plumber 1
6
52262
08
Plumber 2
7
24161
28
Plumbing Inspector 1
7
24162
31
Plumbing Inspector 2
7
24312
28
Portable Load Limit Inspector
6
22411
28
Preserve Manager Aide
9
52760
29
Printing Coordinator
7
52731
08
Printing Machine Operator
7
52741
31
Printing Standards Analyst
7
84351
27
Project Inspector 1
7
31562
29
Project Inspector 2
7
84352
30
Project Inspector 2
14
66191
31
Provider Reimbursement Analyst 1
263
B.U.
Class No.
Pay Range
Title
14
66192
32
Provider Reimbursement Analyst 2
14
16731
28
Provider Relations Representative 1
14
16732
30
Provider Relations Representative 2
3
44141
27
Psychiatric Attendant
3
44142
28
Psychiatric Attendant Coordinator
13
83261
32
Public Health Entomologist
14
64420
30
Public Information Specialist
7
26251
30
Public Utilities Customer Service
Investigator
7
23191
33
Public Utilities Electric Coordinator
7
23181
33
Public Utilities Gas Pipeline Safety
Compliance Invest.
7
23121
30
Public Utilities Transportation
Examiner
14
63151
28
Publication Specialist 1
14
63152
30
Publication Specialist 2
14
64413
31
Publications Editor
7
24911
27
Racing Inspector
7
24461
30
Radiation Safety Officer 1
7
24462
31
Radiation Safety Officer 2
9
52441
05
Radio Dispatcher
9
52431
06
Radio Operator
7
52421
07
Radio Technician 1
7
52422
09
Radio Technician 2
7
84421
29
Radiological Instrument Technician 1
7
84422
30
Radiological Instrument Technician 2
7
84423
31
Radiological Instrument Technician 3
7
23311
29
Railroad Inspector 1
7
23312
31
Railroad Inspector 2
7
23313
32
Railroad Inspector 3
14
84592
31
Real Estate Specialist
14
84521
28
Realty Specialist 1
14
84522
30
Realty Specialist 2
14
84523
31
Realty Specialist 3
14
63271
27
Records Management Officer
4
18531
04
Recreation Aide
14
53221
32
Regional Equipment Training
Specialist
9
12421
25
Reproduction Equipment Operator 1
9
12422
27
Reproduction Equipment Operator 2
6
54461
31
Research Vessel Operator
264
B.U.
Class No.
Pay Range
Title
14
66921
28
Researcher 1
14
66922
30
Researcher 2
14
66923
32
Researcher 3
6
53241
05
Routemarker 1
6
53242
08
Routemarker 2
7
24433
30
Safety and Health Compliance
Inspector
7
24442
33
Safety and Health Consultant
7
24441
32
Safety and Health Coordinator
7
24431
28
Safety and Health Inspector 1
7
24432
29
Safety and Health Inspector 2
13
65731
32
Sanitarian Program Specialist 1
13
65732
33
Sanitarian Program Specialist 2
14
66611
31
Securities Analyst 1
14
66612
32
Securities Analyst 2
14
66613
33
Securities Analyst 3
14
66614
34
Securities Analyst 4
14
66591
31
Securities Specialist 1
14
66592
32
Securities Specialist 2
14
66593
33
Securities Specialist 3
14
66594
34
Securities Specialist 4
3
46111
25
Security Officer 1
3
46112
26
Security Officer 2
14
63262
33
Senior Budget Analyst
14
66563
32
Senior Financial Analyst
13
84643
33
Senior Health Physicist
14
36482
33
Senior Internal Auditor
14
64513
31
Senior Sourcing Analyst
9
66521
28
Shared Services Associate
6
52271
07
Sheet Metal Worker 1
6
52272
08
Sheet Metal Worker 2
3
22591
27
Shooting Range Attendant
6
53411
08
Sign Fabrication Technician
14
65261
32
Social Sciences Research Analyst
14
65262
33
Social Sciences Research Specialist
7
69481
28
Social Services Licensing Specialist
14
69941
33
Software Development Specialist 1
14
69942
34
Software Development Specialist 2
14
69943
35
Software Development Specialist 3
14
69944
36
Software Development Specialist 4
6
53261
28
Soils Foundation Technician
265
B.U.
Class No.
Pay Range
Title
13
83811
31
Soils Resource Specialist
14
64512
28
Sourcing Analyst
14
64511
27
Sourcing Associate
14
64513
33
Sourcing Planner
14
63280
28
Space Planner
14
66221
27
State Accounting Financial Analyst 1
14
66222
29
State Accounting Financial Analyst 2
14
66223
31
State Accounting Financial Analyst 3
14
16521
30
State Payroll Specialist 1
14
16522
31
State Payroll Specialist 2
14
64535
33
State Procurement Analyst
14
64530
27
State Purchasing Assistant
14
64533
32
State Purchasing Procurement
Support Analyst
14
64531
28
State Purchasing Specialist
14
64534
32
State Purchasing Standards Analyst
14
63291
30
State Records Management Analyst
9
12441
27
State Records Technician 1
9
12442
28
State Records Technician 2
6
54531
08
Stationary Engineer 1
6
54532
09
Stationary Engineer 2
7
24311
27
Stationary Load Limit Inspector
14
66911
29
Statistician 1
14
66912
30
Statistician 2
9
12121
27
Statistics Clerk
6
52231
07
Steam Fitter 1
6
52232
08
Steam Fitter 2
9
14741
25
Storekeeper 1
9
14742
27
Storekeeper 2
9
14711
03
Stores Clerk
7
84211
26
Survey Technician 1
7
84212
28
Survey Technician 2
7
84213
30
Survey Technician 3
7
85561
30
Surveyor 1
13
85562
31
Surveyor 2
13
85563
33
Surveyor 3
6
52851
06
Tailor
14
66811
29
Tax Examiner Associate
14
66812
31
Tax Examiner
14
66813
33
Tax Examiner Specialist
9
84361
26
Technical Writer 1
266
B.U.
Class No.
Pay Range
Title
9
84362
28
Technical Writer 2
14
64691
34
Technology - Based Training
Developer
14
52491
34
Telecommunications Analyst 1
14
52492
35
Telecommunications Analyst 2
9
52521
29
Telecommunications Operator 1
9
52522
29
Telecommunications Operator 2
14
52490
30
Telecommunications Service Request
Coordinator
14
67111
33
Telecommunications Systems Analyst
1
9
52411
08
Telecommunications Technician 1
9
52412
10
Telecommunications Technician 2
9
52413
11
Telecommunications Technician
Coordinator
9
12131
04
Telephone Operator 1
9
12132
25
Telephone Operator 2
4
44112
05
Therapeutic Program Worker
4
44260
26
Therapy Aide
9
64341
04
Tour Guide
7
52511
28
Traffic Management Center Operator
1
7
52512
29
Traffic Management Center Operator
2
7
52513
30
Traffic Management Center Specialist
6
53322
08
Traffic Signal Technician 1
6
53323
10
Traffic Signal Technician 2
14
64651
28
Trainer
14
64652
31
Training Officer
13
85641
32
Transportation Engineer 1
13
85642
33
Transportation Engineer 2
13
85871
31
Transportation Technical Specialist
13
85873
32
Transportation Technician 1
13
85874
33
Transportation Technician 2
13
85875
34
Transportation Technician 3
6
54610
06
Treatment Plant Aide
6
54613
09
Treatment Plant Coordinator 1
6
54614
31
Treatment Plant Coordinator 2
6
54612
08
Treatment Plant Operator
6
54611
06
Treatment Plant Operator in Training
14
63951
34
UC Administrative Hearing Officer 1
267
B.U.
Class No.
Pay Range
Title
14
66441
30
Unclaimed Funds Auditor 1
14
66442
31
Unclaimed Funds Auditor 2
14
66443
32
Unclaimed Funds Auditor 3
14
66444
33
Unclaimed Funds Auditor 4
7
26231
30
Underground Storage Tank Inspector
9
16751
27
Unemployment Compensation
Examiner 1
9
16752
29
Unemployment Compensation
Examiner 2
9
16753
30
Unemployment Compensation
Examiner/Specialist 1
9
16754
32
Unemployment Compensation
Examiner/Specialist 2
14
63881
34
Utilities Attorney Examiner 1
14
63882
35
Utilities Attorney Examiner 2
14
84581
29
Utilities Relocation Technician 1
14
84582
30
Utilities Relocation Technician 2
14
84583
31
Utilities Relocation Technician 3
14
66161
28
Utility Auditor 1
14
66162
30
Utility Auditor 2
14
66163
32
Utility Auditor Coordinator
14
66941
28
Utility Rate Analyst 1
14
66942
30
Utility Rate Analyst 2
14
66943
32
Utility Rate Analyst Coordinator
13
66951
33
Utility Specialist 1
13
66952
34
Utility Specialist 2
13
66953
35
Utility Specialist 3
6
54441
04
Vehicle Operator 1
6
54442
06
Vehicle Operator 2
9
69511
29
Veterans Benefits Coordinator
14
69691
32
Veterans Benefits Educational
Consultant
13
65931
36
Veterinary Pathologist
7
86161
28
Veterinary Pathology Assistant
7
52643
32
Videographer
7
26281
31
Wage & Hour Investigator
7
23131
33
Water/Wastewater Service Quality
Coordinator
9
26941
26
Watercraft Records Specialist 1
9
26942
28
Watercraft Records Specialist 2
9
26951
28
Watercraft Registration Agent 1
268
B.U.
Class No.
Pay Range
Title
9
26952
29
Watercraft Registration Agent 2
7
21251
28
Weights and Measures Inspector 1
7
21252
29
Weights and Measures Inspector 2
7
21253
30
Weights and Measures Technologist
6
52321
06
Welder 1
6
52322
07
Welder 2
14
64591
32
WIC Vendor Specialist
13
22213
28
Wildlife Area Coordinator
13
22212
27
Wildlife Area Technician
13
22281
30
Wildlife Biologist 1
13
22282
31
Wildlife Biologist 2
14
22192
31
Wildlife Communications
Coordinator
14
22191
30
Wildlife Communications Specialist
13
22851
30
Wildlife Management Consultant
6
22280
28
Wildlife Research Technician
14
66711
32
Workers’ Compensation Actuarial
Assistant 1
14
66712
34
Workers’ Compensation Actuarial
Assistant 2
3
46611
07
Youth Leader (Blind/Deaf School)
APPENDIX P – UNIT-SPECIFIC AGREEMENTS
(DEPARTMENT OF VETERANS SERVICES AND
DEPARTMENT OF DEVELOPMENTAL DISABILITIES)
UNIT 4 - Overtime
To the extent this Appendix is inconsistent with Appendix Q of the
Collective Bargaining Agreement, the provisions of Appendix Q shall
take priority.
4.1 - Overtime Roster
Bargaining Unit 4 employees shall be canvassed on a quarterly basis
for their willingness to work overtime. Employees who wish to be called
back for overtime outside of their regular hours shall have a residence
telephone and shall provide their phone number to their supervisor.
Overtime rosters by classification shall be established for each facility.
Employees shall be listed according to State seniority on the appropriate
classification overtime roster. The roster shall include all employees
within the classification willing to work overtime regardless of the shift.
Such overtime rosters shall be provided to the steward. Overtime rosters
shall be posted at the sign-in location or in location(s) at the facility
269
which enable employees to review the roster. This list shall be revised
and posted each payroll period. The location(s) of overtime rosters is an
appropriate subject for facility Labor/Management discussion.
4.2 - Maintenance of the Roster
Overtime rosters shall include the number of voluntary overtime
hours worked and refused and shall be updated each payroll period. An
employee who is offered but refused overtime assignment shall be
credited on the roster with the amount of overtime refused. Following
the quarterly canvass for willingness to work overtime, the overtime
roster shall be purged of voluntary overtime hours worked and refused,
and the procedure for the calling of overtime shall begin anew. With the
exception of those who refused voluntary overtime during the quarterly
canvass, employees who become available for voluntary overtime shall
be placed on the appropriate classification roster by State seniority but
shall be credited with the same number of voluntary hours worked and
refused as the employee on the roster with the greatest number of
voluntary hours worked and refused.
4.3
Should Management determine the need for overtime, the following
procedure should be applied:
A. Initial distribution of voluntary overtime shall be based on seniority
within the classification regularly assigned the work starting with
the most senior employee in the classification.
B. After the initial distribution, voluntary overtime shall be equitably
distributed on a rotating basis to those employees within the
classification having the least amount of overtime worked and
refused. After the initial distribution, seniority prevails only in cases
of ties.
C. An employee who agrees to work overtime and then fails to report
for said overtime shall be credited with double the amount of
overtime accepted, unless extenuating circumstances arose which
prevented the employee from reporting. In such cases, the employee
will be credited as if he/she refused the overtime.
4.4
Overtime shall be assigned by seniority in the position classification
regularly assigned the work. The list of employees shall include all
employees regardless of shift. If no employee in the position
classification regularly assigned the work accepts the overtime
assignment, it may be offered to employees on backup overtime rosters
in similar direct care classifications. Overtime worked and refused by
employees on backup overtime rosters in similar direct care
classifications shall be included on the overtime roster described in
Section 1 and 2 of this procedure. If no employee on the backup overtime
270
rosters in similar direct care classification accepts the overtime
assignment, it may then be offered to employees on a backup roster of
individuals capable of performing the duties of the classification needed.
The development of backup overtime rosters is an appropriate
subject for facility Labor/Management discussion. It is understood that
backup overtime rosters are for the purpose of reducing or avoiding the
need for mandatory overtime.
4.5
Overtime shall not be offered to or required of an employee on an
approved leave. Employees returning from an extended leave of twenty-
eight (28) days or more shall be credited with the same amount of
overtime worked and refused as the employee on the roster with the
greatest number of voluntary hours worked and refused.
4.6
Employees shall work no more than two (2) consecutive shifts
except as required by Section 13.15.
4.7
Should adequate overtime coverage not be obtained through
voluntary overtime, employees within the needed classification may be
mandated to work overtime using the following procedures:
A. After exhausting the voluntary overtime procedure and before
calling mandatory overtime, exempt employees may be used to
perform the needed overtime.
B. The least senior employee(s) regularly assigned the work shall be
contacted and required to work overtime.
C. Employees who regularly perform the work shall be contacted and
required to work in reverse order of seniority beginning with the
least senior until the required number of staff is available.
D. Mandatory overtime shall not be credited for voluntary overtime
equalization.
4.8
An employee who is transferred or promoted to an area with a
different overtime roster shall be credited with his/her aggregate
overtime hours.
4.9
Specific arrangement for implementation of the overtime provisions
shall be discussed at the facility Labor/Management Committee
Meetings within forty-five (45) days following the effective date of this
Agreement. If these matters remain unresolved in ninety (90) days
following the effective date of this Agreement, it shall be discussed in
Agency Labor/Management meetings that are established for this
purpose.
271
4.10
The parties may mutually agree at a facility Labor/Management
meeting to utilize alternate overtime procedures.
APPENDIX Q – AGENCY SPECIFIC AGREEMENTS
The following supplemental agreements apply to
OCSEA/AFSCME bargaining unit employees within the specified
Agencies only:
ADJUTANT GENERAL’S DEPARTMENT
The parties have negotiated the application of the current OCSEA
Agreement to the Firefighters with the State, and memorialize their
understanding through this Agreement. The parties agree that the current
OCSEA Agreement will be applied in its entirety and only exceptions
listed in this Agreement will be recognized for the Adjutant General’s
Firefighters:
As used in this Agreement, the Firefighters shall mean Firefighters
and Lieutenant Firefighters as determined by the State Employment
Relations Board.
Article 1 - Erosion
The parties agree that the use of military personnel to perform
firefighter duties shall not be construed as erosion of the bargaining unit.
The Employer shall count any military personnel who are qualified
and on duty toward the required staffing level in order to allow
employees the opportunity to have leave approved or otherwise
supplement the workforce for overtime purposes. The advanced notice
of the availability of military personnel will be posted on the station
roster/schedule as soon as possible.
Article 8.01 - Agency Committees
Statewide Meetings: Pursuant to Article 8.02, there shall be a
statewide committee consisting of an equal number of Union and
Employer representatives. The Statewide Agency Committee will meet
at least two (2) times per year but shall receive, upon request, quarterly
progress reports. The parties will agree to an agenda in advance.
Schedule alternatives shall be an appropriate topic for
Labor/Management discussion.
Local Meetings: There shall be a committee consisting of an equal
number of Union and Employer representatives per
institution/geographic district or base unless otherwise mutually agreed
upon by the parties. Base meetings shall be held on a quarterly basis,
and the parties will agree to an agenda in advance. The parties agree that
no agreements will be made that alter the application or interpretation of
272
this Agreement without the consent of the Adjutant General’s Office of
Human Resources and the OCSEA designee.
8.03 - Time off
Committee members shall normally be scheduled to be on duty and
the labor management meeting shall be held during normal working
hours. Departments which have provided the use of Agency vehicles or
which have paid mileage reimbursement shall continue the process.
Article 11.20 - Health and Wellness
There shall be a Joint Labor and Management Committee that shall
discuss and mutually agree upon a non-punitive, non-competitive health
and wellness program in accordance with NFPA 1582.
Article 13.17 - Firefighter Work Hours and Overtime
It is mutually understood that modifications of contract language
related to work schedules, overtime compensation, shift differential and
holiday observance and compensation have been agreed upon in
consideration of the maintenance of work scheduling practices.
Work Week and Work Day
The standard work period for all full-time permanent employees
shall be 24 hours worked followed by 48 hours off. The work week shall
commence at 00:00 hours on Sunday and end at 23:59:59 hours on
Saturday. The standard work year shall consist of a minimum of two
thousand nine hundred and four (2,904) hours and a maximum of two
thousand nine hundred and twenty one (2,921) hours based on the 24/48
work cycle.
Scheduling
The Employer reserves the right to schedule employees according
to the operational needs of the base. It is understood that the Employer
reserves the right to limit the number of persons to be scheduled off work
at any one time. It is understood that Firefighters shall be scheduled for
no less than one hundred and three (103) hours in each biweekly pay
period.
Posting of Work Schedules
Current work schedules for Firefighter shall be maintained at each
of the bases. It is understood that scheduling practices must take into
consideration Agency and Base missions, staffing levels, and National
Guard Bureau directives. In the event a significant schedule change is
necessary, management shall work with Labor to maintain a consistent
schedule.
Shift Trades
The practice of shift trades shall be approved in a way that is
mutually beneficial to the Firefighters and Management.
Overtime and Compensatory Time
1. Overtime shall be calculated based on hours in active pay status in
273
excess of one hundred six (106) hours during the fourteen (14) day
pay period. Overtime shall be compensated at one and one-half (1
1/2) times his/her regular rate of pay. All overtime must be
authorized by an administrative authority.
Article 26.01 - Observance
Firefighters in the Adjutant General’s Department shall not be
eligible for holidays as described in Article 26.
Article 27.02 - Personal Leave Accrual
In lieu of receiving premium for holiday pay or overtime pay for
working the holiday, firefighters shall be credited with fifty four (54)
hours of personal leave in the first earnings statement which the
employee receives after the first day of January, April, July and October
of each year.
Article 27.06 - Conversion or Carry Forward of Personal Leave
Credit at Year’s End
Personal leave not used may be carried forward or paid at the
employee’s option. Payment to be made in the first pay period in
December. Maximum accrual of personal leave shall be ninety six (96)
hours.
Article 28.01 - Rate of Accrual
Firefighters shall be granted vacation leave with pay at regular rate
as follows, except that those employees who have less than their
regularly scheduled work hours in an active pay status in a pay period
shall be credited with a prorated amount of leave according to the
following schedule:
Length of State Service
Accrual Rate
Hours Earned Per regularly scheduled
work hours
Less than 4 years
.0385
4 years or more
.0577
9 years or more
.0779
14 years or more
.0865
19 years or more
.0962
24 years or more
.1154
28.02 - Maximum Accrual
Vacation credit may be accumulated to a maximum that can be
earned in three (3) years. Further accumulation will not continue when
the maximum is reached. When an employee’s vacation reaches the
maximum level, and if the employee has been denied vacation during the
past twelve (12) months, the employee will be paid for time denied but
no more than one hundred twenty (120) hours in a pay period.
274
Annual Rate of Vacation
Maximum Accumulation
112
336
168
504
224
672
252
756
280
840
336
1008
Article 29.02 - Sick Leave Accrual
Firefighters shall accrue sick leave at the rate of .0385 hours of sick
leave for every regularly scheduled hour in active pay status, excluding
overtime hours, not to exceed one hundred twelve (112) hours per year.
Firefighters shall be paid for sick leave at the rates specified below.
A new usage period will begin each year of the Agreement.
Hours Used
Percentage of Regular Rate
1 - 56 sick leave
100%
56.1 plus sick leave*
70%
*Any sick leave utilized in excess of one hundred twelve (112) hours in
any usage period shall be paid at one hundred percent (100%).
Article 30.01 - Jury Duty
Leave with pay at regular rate shall be granted for service upon a
jury. When not impaneled for actual service and only on call, the
employee shall report to work as soon as reasonably possible after
notification that his/her services will not be needed. In cases where the
employee would report to do less than four (4) hours work, the employee
need not report. Prior to jury duty and after jury duty has concluded for
the day, Firefighters and Lieutenant Firefighters will have the option to
work, use accrued leave or leave without pay at his/her option or flex
scheduled hours with mutual agreement. Employees called to jury duty
shall submit to the Agency any juror fees received in excess of fifteen
($15.00) dollars per day.
Article 30.02 - Military Leave
Section 30.02, Subsection C shall be amended to include the
following language:
Firefighters shall be eligible for military leave in accordance with
ORC 5923.05, regardless of annual scheduled hours.
In the event the military allotment set forth in ORC 5923.05
changes, the parties agree to be bound by such changes.
30.02 A - Military Leave Addendum
Firefighters performing (IDT) Inactive Duty Training at a location
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other than their normal firefighter duty stations shall be approved for
military leave to cover travel to and from members (IDT) location.
Military leave for travel to and from (IDT) is limited to reasonable travel
time not to exceed three hours in each direction.
Firefighters performing (IDT) who chose to utilize USERRA
approved rest and recovery time shall be allowed to use Vacation,
Compensatory time or Personal leave to cover the remainder of their
scheduled shift.
Article 30.03 - Bereavement Leave
Firefighters shall be eligible for bereavement leave for three (3)
consecutive days off (24 hours) within their schedule. Should the
employee be scheduled for more than twenty-four (24) hours during this
three consecutive day period, the employee shall be permitted to flex the
remaining scheduled duty days beyond twenty-four (24) hours with
mutual agreement. If this three (3) day period falls on the employees
regularly scheduled days off, the employee shall have the next scheduled
duty day off. The days of bereavement leave must include, follow or
precede the day of the family member’s funeral or memorial service. If
leave is not taken in conjunction with the funeral or memorial service,
the employee will be granted twenty-four (24) consecutive hours of
bereavement leave and such leave must be taken within six (6) months
from the death of the immediate family member for a memorial service.
The Employer may grant vacation, sick leave or personal leave to
extend the bereavement leave. The leave and the extension may be
subject to verification.
Article 33.01 - Uniforms
When the Employer requires an employee to wear a uniform, the
Employer will furnish sized uniforms in accordance with Department of
Defense (DOD), United States Air Force (USAF), and Air National
Guard (ANG) guidelines appropriate to the gender of the wearer on a
replacement basis. If the Employer requires an employee to wear a
specific type of safety shoe the Employer will provide the shoe for the
employee. The Employer will keep the uniform in good repair and will
replace it upon submission of the worn and/or damaged item when the
uniform is ruined through normal wear and tear. If the uniform needs
repair or replacement due to the negligence of an employee, the
employee will bear the cost of the repair or replacement. The Employer
shall also provide personal protective equipment to firefighters when
first hired. Thereafter, uniforms and personal protective equipment will
be replaced when the Employer deems it necessary.
Article 37.02 - Union Education Trust
For contribution purposes only in the Adjutant General’s
Department, Firefighters hours in active pay status shall be capped at
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2,080 hours per year.
Re-Opener
If future changes to Appendix 24 with the National Guard Bureau
(NGB) significantly impact one or more item(s) covered under this
Appendix, the parties may, upon mutual agreement, re-open Appendix
Q.
DEPARTMENT OF ADMINISTRATIVE SERVICES
Security Officer Canvass
A. Prior to posting a Security Officer or Radio Operator vacancy within
the Department of Administrative Services, the DAS shall first
canvass full-time Security Officers or Radio Operators for
individual preference to move to the vacant shift and facility.
Canvassing will be conducted in State seniority order. Prior to
posting the resulting vacancy, part-time security officers or radio
operators may canvass into a full-time vacancy in State seniority
order. The resulting shift will then be posted as a vacancy pursuant
to Article 17.
B. For the purpose of the above procedures a shift shall be defined as
the hours of the day and days of the week as established by DAS.
C. It shall be the exclusive DAS prerogative to determine the number
and composition of shifts in each facility.
Overtime Exclusion
A Security Officer may be excluded from overtime assignment at a
customer’s site when the customer has demanded in writing that the
Security Officer be excluded from the site. After a period of two (2)
years from exclusion, DAS will ask permission from the customer to
allow the Security Officer back on site for overtime purposes. An officer
may be restored to the site under this Section at any time the customer
withdraws its demand for exclusion. A Security Officer that is excluded
from an overtime opportunity under this Section shall be offered the next
tier two offering for which the officer would be otherwise eligible.
Enhanced Skills Development
The Employer and the Union may mutually agree to create programs
to enable the workforce to become more flexible, diverse, and to increase
operational efficiency. Both parties recognize the constantly changing
work force and will encourage members to continue to seek
education/training in order to keep pace with these changes. Both parties
mutually agree to explore the utilization of Article 36.05 or other
available avenues for this purpose.
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DEPARTMENT OF AGRICULTURE
Layoff and Bumping
1. Employees are not required to exhaust their bumping rights pursuant
to Section 18.04 of the Agreement before utilizing Section 18.05.
2. All other terms and conditions of layoffs shall be governed by the
Collective Bargaining Agreement in effect at the time of the layoff.
Division of Meat Inspection
Meat Inspector Trainees:
1. Meat Inspector Trainees are not eligible for the overtime roster.
2. Upon the successful completion of a Meat Inspector Trainee’s
probationary period, the employee will be immediately reclassified
to a Meat Inspector and will be placed in step 2 of the Meat Inspector
Pay Range and shall be eligible for the overtime roster.
Meat Inspector Pay Supplements:
1. Meat Inspectors will earn a five percent (5%) supplement for hours
worked in a pay period, when assigned the following duties within
a pay period:
a. Training: Meat Inspectors will be paid the five percent (5%)
supplement when assigned to train newly hired Meat Inspector
Trainees. ODA shall also pay the supplement to a Meat
Inspector for training other Meat Inspectors on changes to
procedures or legal requirements and refresher courses, as
needed. Compensation will be on an hourly basis. Such use of
the supplement is an appropriate topic of discussion for the
committee created in Section 5 of this Agreement on a non-
binding basis. Meat Inspector Trainers are not to be held
responsible for independent work performed by trainees.
b. Meat Inspectors who receive specialized training in such
activities as the United States Department of Agriculture,
Agriculture Marketing Service’s Certification and Acceptance
Service shall receive the five percent (5%) supplement for each
hour devoted to the activity.
c. Meat Inspectors are occasionally assigned by the supervisors to
assist a new establishment in accomplishing the many detailed
regulatory tasks to prepare for the inauguration of meat and
poultry inspection. Inspectors who are assigned this duty shall
receive a five percent (5%) supplement for each hour worked in
doing this activity.
d. ODA shall determine that other duties are appropriate for this
supplement. Such duties shall be discussed by the joint
committee created in Section 5 of this Agreement.
2. The parties acknowledge that training new employees, assisting a
new plant become operational, doing acceptance work for another
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government Agency, and other duties deemed appropriate for this
supplement are supervisory duties which may, from time to time, be
assigned to a bargaining unit employee; however, this in no way
diminishes the supervisor’s ability to perform these duties.
3. Employees shall not normally be assigned multiple duties eligible for
the supplement; however, an employee cannot earn more than one
five percent (5%) supplement at a time; regardless of the number of
eligible duties performed.
4. ODA reserves the right to determine the employees who are
assigned duties which qualify for the pay supplement.
a. ODA will consider such factors such as knowledge, skills and
abilities of the employee as well as proximity to the work location
when assigning duties which qualify for the pay supplement.
b. Assignments shall be an appropriate topic of discussion by the
Joint Meat Inspectors Committee referenced in Section 5, but cannot
be taken to arbitration.
5. The Joint Meat Inspectors Committee shall continue to meet to
discuss and resolve issues regarding the implementation of this
agency specific agreement. The committee shall be made up of one
(1) union representative from each district and comparable
representatives from Management. Each party will choose its own
representatives.
a. Unresolved issues regarding the implementation of this Meat
Inspectors Agreement are only grievable pursuant to this
Agreement.
b. Implementation issues that are resolved by the committee are
final and binding.
c. Should the committee not agree to a resolution of an
implementation issue or not act on the issue within sixty (60)
days of receipt of the issue, the committee shall review the issue
with an arbitrator. The arbitrator shall hear the case within
thirty (30) days of notification from the committee, upon the
availability of the arbitrator. The hearing shall include all
committee representatives and Union and OCB representatives
as necessary. The arbitrator is encouraged to take an active role
in resolving and settling disputes. If the issue cannot be
resolved, the arbitrator shall render a binding decision in
writing. The arbitrator will be selected by the parties and all
costs shared equally. This procedure is separate from the Article
25 procedure in the Collective Bargaining Agreement (CBA).
d. Issues that are to be addressed by the committee may be
forwarded by any bargaining unit or Management employee
through either the bargaining unit or Management
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representatives.
e. The committee shall elect a chair and a secretary from its
member representatives. Each position shall be occupied by a
member of the opposite affiliation.
f. The committee shall meet quarterly or on an “as needed” basis.
g. Meetings shall be conducted in accordance with Article of the
CBA.
Meat Inspector Travel:
1. The “report-in” and “report out” locations for each meat Inspector
shall be the assigned plant to which the Meat Inspector must report
each day. If an inspector has multiple plants to cover as part of
his/her Primary Duty Assignment (PDA), the report-in location will
be the first plant they visit and the “report-out” location shall be the
last plant the Meat Inspector shall visit in that assignment.
2. The starting and ending time for each eight (8) hour work schedule
for each day shall be:
a. For those residing in their assigned headquarter county:
i. The unpaid travel time shall be no greater than one-half (1/2)
hour to first report in location and not greater than one-half
(1/2) hour returning from report-out location.
EXAMPLE: For a 7:00 a.m. arrival to report-in
location. If the inspector lives fifteen (15) minutes
from the report-in location, the inspector is on paid
time at the 7:00 a.m. arrival.
EXAMPLE: For a 7.00 a.m. arrival to report-in
location. If the inspector lives forty five (45) minutes
from report-in location, paid time starts at 6:45 a.m.
b. For those residing outside of their assigned Headquarter county:
i. The unpaid travel time shall be adjusted to account for the time
to travel from Inspector’s residence to the headquarter county
line; then one-half (1/2) hour unpaid time shall begin.
EXAMPLE: For a 7:00 a.m. arrival. The inspector
lives fifteen (15) minutes outside assigned headquarter
and one (1) hour from report-in location; their unpaid
time is forty five (45) minutes. Paid time starts at 6:45
a.m.
EXAMPLE: For a 7:00 a.m. arrival. The inspector
lives fifteen (15) minutes outside assigned headquarter
and twenty five (25) minutes from report-in location;
their unpaid time is twenty five (25) minutes. Paid
time starts at 7:00 a.m.
c. Travel time, including determining the adjusted travel time for
inspectors residing outside of assigned headquarter county, will
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be verified by internet travel map calculations (e.g. MapQuest).
Such travel time calculations shall be based on non-stop travel.
Time spent on stops between inspector’s residence and report-in
location shall not be deducted from unpaid travel time.
3. The Ohio Department of Agriculture agrees to reimburse Meat
Inspectors who are required to use their privately owned vehicles
(POV) for all miles traveled while performing assigned duties. If the
inspector resides in his/her assigned district, mileage is calculated
from their residence; if they reside outside of the district, mileage is
figured once the inspector reaches their assigned district line.
4. Meat Inspectors shall carry out their assigned duties to provide for
eight (8) hours of district inspection activities plus additional time
for a lunch period.
5. Meat Inspectors shall arrange their daily plant inspection duties
AND any official travel time to account for their eight (8) hour work
schedule. If official travel time is part of the inspector’s PDA, their
eight (8) hour work schedule should be adjusted to account for that
time.
Meat Inspector Temporary Alternate Work Locations:
1. Due to operational needs during severe weather where public
officials have declared a category snow emergency (e.g., Level 1,
Level 2, Level 3) and/or have closed roadways, inspectors residing
in, or assigned to, affected counties may be assigned to a temporary
alternate work location.
2. Temporary alternate work locations may also be established in the
event of unforeseen operational changes (e.g. report-in location
closures, emergencies other than weather emergencies).
3. The temporary alternate work location shall provide the inspector
with necessary amenities (e.g. restroom, electricity) to complete
assigned tasks.
4. Temporary alternate work locations may include county ODOT,
ODNR, or ODPS locations.
5. ODA shall pre-arrange such temporary work locations on behalf of
inspectors to be assigned to them.
6. Inspectors shall not report to a temporary alternate work location, as
described above, without receiving instruction from their supervisor
to do so.
DEPARTMENT OF COMMERCE
I. 17.05 - Selection
Notwithstanding the provisions of Section 17.05, applications for
vacancies in the Ohio Department of Commerce shall be divided as
follows:
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a) All employees in the geographic district of the Agency
(Appendix J) where the vacancy is located, who possess and are
proficient in the minimum qualifications contained in the
classification specification and position description.
b) All other employees in the State.
II. Elevator Inspector Trainee (24140)
Notwithstanding the provisions of Section 6.01, the classification
specification for Elevator Inspector Trainee (24140) shall provide as
follows:
The probationary period may be for up to one (1) year. The
probationary period may be completed in less than one (1) year, based
upon the discretion of the Employer.
While classified as an Elevator Inspector Trainee, pay range 29, the
employee shall not be eligible for a step increase. However, upon the
Employer deeming the probationary period complete and the Employer’s
issuance of a certificate of competency as required by Section 4105.02
of the Ohio Revised Code, the employee shall be reclassified as Elevator
Inspector (24141), pay range 32.
III. SFM Forensic Laboratory Positions, and SFM Fire &
Explosion Investigation Bureau Investigators
Applicants selected for promotion, demotion or lateral transfer into
positions working in the State Fire Marshal Forensic Laboratory must
complete and successfully pass an electronic background check.
The selected applicant will not be approved for the position if as an
adult, plead guilty to or convicted of a felony in Ohio, federally or in
another state or territory or plead guilty to or convicted of a misdemeanor
offense involving arson.
The selected applicant may not be approved for the position if as an
adult, plead guilty to or convicted of felony and/or misdemeanor
offences involving violence, drugs, dishonesty (including thefts and
frauds), moral turpitude, or false statements in Ohio, federally, or in
another state or territory.
An applicant failing the electronic background check will not be
selected for these positions and will be prohibited from re-applying for
these positions.
Positions requiring a background check will include notice on the
job vacancy announcement.
IV. SFM Fire Safety Inspectors, and SFM Fire Safety Educators
Applicants selected for promotion, demotion, or lateral transfer into
positions as Fire Safety Inspectors or Fire Safety Educators must
complete and successfully pass an electronic background check. The
selected applicant may not be approved for the position if as an adult,
plead guilty to or convicted of felony and/or misdemeanor offences
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involving violence, drugs, dishonesty (including thefts and frauds),
moral turpitude, or false statements in Ohio, federally or in another state
or territory.
An applicant failing the electronic background check will not be
selected for these positions and will be prohibited from re-applying for
these positions.
Positions requiring a background check will include notice on the
job vacancy announcement.
V. All Division of Financial Institutions Field Staff, Attorneys, and
employees in the Office of Consumer Affairs
Applicants selected for promotion, demotion, or lateral transfer into
these positions must complete and successfully pass an electronic
criminal background check.
Positions requiring a background check will include notice on the
job vacancy announcement.
VI. All Field Staff Assigned a State Vehicle
At the time a state motor vehicle is assigned to an employee, and on
an annual basis thereafter, the employer may conduct a check to verify
the validity of the employee’s operator’s license for work related
purposes.
VII. Incentives
In accordance with Article 22.01 appropriate merit based incentives
will be explored by the statewide Labor/Management Committee to
encourage employee excellence. Such merit based incentive programs
shall be mutually agreed upon between, and supported by, the Employer
and the Union. The parties agree that merit based incentives may be
economic and/or non-economic.
VIII. Canine Care
The Employer will comply with all provisions of the Fair Labor
Standards Act (FLSA) for any canine handling and care. Canine handling
and care procedures may be addressed by the agency in a work rule or
policy and distributed at least 30 days prior to implementation and/or
revision.
OHIO DEPARTMENT OF DEVELOPMENTAL DISABILITIES
Alternative Work Area Assignments
Management may reassign an employee from their defined work
area for sound management reasons. The employee will first be
reassigned in accordance with the provisions of Section 13.05.
Management will then discuss the reassignment with the local Union to
reach mutual agreement on the permanent reassignments. If agreement
cannot be reached at the local level, the issue will be referred to the
Statewide Labor/Management Committee for resolution. If resolution
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cannot be reached within sixty (60) days, the parties agree to extend the
time of the temporary reassignment until such time as resolution is
reached.
Management may also reassign employees where staff
overages/shortages exist. Prior to the reassignment being made, the
Employer will canvass for volunteers. If there are no volunteers, the least
senior employee(s) may be reassigned from the area or shift most able to
provide the coverage.
Filling Work Area Openings
Work area openings shall be filled in accordance with Appendix N
(c); however, postings shall be for a period of at least five (5) calendar
days. This language shall not preclude the parties’ from developing
alternative methods of filling work area openings at the facility level.
Bidding Under Appendix N while on Probation
1. This shall only apply to employees in classifications covered
under Appendix N.
2. An employee’s probationary period shall remain the same as
that outlined in Article 6.
3. After serving 120 days of probation, an employee may bid on an
Appendix N Work Area posting. This includes a change of
appointment type (i.e., full time to part time or part time to full
time).
4. Institutional seniority shall be used to award the bid.
5. The Employer reserves all rights to deny a bid, pull and move,
and change assignments under the collective bargaining
agreement.
6. The ability of an employee to bid may be delayed by a period
equal to an employee’s leave of absence for a period of 20 days
or more, other than approved vacation leave.
Calling Extra Hours/Overtime
Employees who wish to be called for overtime or extra hours shall
have a working telephone and provide their phone number to their
supervisor.
Statewide Labor Management Subcommittee
The role of the subcommittee is to discuss an ongoing training
commitment in accordance with regulatory standards to provide staff
with skills to address highly aggressive behaviors. The makeup of the
committee shall consist of no more than three (3) members of labor and
three (3) members of management. The parties agree to meet upon
mutual agreement as needed with submission of specific agenda items to
be addressed. Minutes shall be taken and distributed to members of the
State Labor Management Committee.
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Extra Hours and Overtime
1. The order of canvassing for extra hours and
voluntary/mandatory overtime shall be:
a. First, voluntary extra hours are offered to staff who are
not scheduled up to 40 hours in a week and/or who
have not accepted (picked up) extra hours up to 40
hours in a week;
i. Pre-posted extra hours become part of an
employee’s schedule
b. Second, voluntary overtime is offered to staff;
c. Next, staff are mandated in reverse seniority order
whether with or without 40 hours in the week. If the
time worked is over 40 hours, it shall be paid at time
and one half. If the time worked is under 40 hours, it
shall be paid at straight time.
2. Mandation – Mandation shall run through the bottom half of the
roster but may go into the top half of roster if enough staff is
not available.
DEPARTMENT OF EDUCATION - OHIO SCHOOL FOR THE
DEAF AND OHIO STATE SCHOOL FOR THE BLIND
Youth Leader Work Schedule - Ohio State School for the Blind and
the Ohio School for the Deaf
Due to operational needs Youth Leader work schedules will be as
follows:
1. A work schedule shall be determined by August 1 of each year
identifying whether scheduled overtime is required due to
operational need. The superintendent of each school has the right to
increase or decrease these hours based on operational needs and/or
funding. Such schedules for the Ohio State School for the Blind and
the Ohio School for the Deaf shall be in accordance with Section
13.02 of the Collective Bargaining Agreement and in accordance
with 13.01 as it pertains to the standard forty (40) hour work week.
If work hours are changed due to operational needs or funding, it
will not be done without proper notification to the Union.
2. Management agrees to follow the current contract when utilizing
overtime opportunities. Part-time Youth Leaders shall be assigned
regularly scheduled hours. The part-time Youth Leaders shall be
ineligible to work additional hours above their schedule unless full-
time youth leaders have been given the opportunity to work the
additional hours.
3. If overtime is required by the Employer, it shall be offered according
to the overtime roster. The Employer may pull and move the least
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senior youth leader of the appropriate gender who normally
performs the work in order to assign the overtime in accordance with
Article 13.07.
4. Due to shifts and changes in operational need, scope, and/or mission
of the school, the Employer maintains the right to reassign an
employee and his/her position to another shift and/or hours within
the same school. Management will make every effort to move the
employee back to the original shift if the move is temporary in
nature.
5. Shift/hour reassignments requires the approval of the
Superintendent and/or his/her designee and Human Resources prior
to employee movement.
6. Management agrees to utilize minimally qualified Children’s
Teacher Aides and Activity Therapists as a secondary overtime
roster prior to mandating overtime. If not enough Youth Leaders
volunteer to work overtime, 2
nd
and/or 3
rd
shift Youth Leader
coverage will be offered to minimally qualified full time Children’s
Teacher Aides and Activity Therapists, followed by minimally
qualified part time Children’s Teacher Aides then minimally
qualified intermittent Children’s Teacher Aides as applicable. If
there is still a shortage of minimally qualified employees to cover
the Youth Leader 2
nd
and/or 3
rd
shift need, then overtime shall
become mandatory and shall follow the procedures set forth in
Article 13 of the contract.
7. When a vacancy occurs, the hours and the shift of the position shall
be posted.
The Ohio Civil Service Employees Association (OCSEA) and the
Ohio Department of Education both recognize that the Ohio State School
for the Blind (OSSB) and the Ohio School for the Deaf (OSD) are unique
in state government, in that they operate on a school year work schedule.
In the recognition of this fact, both parties also recognize that special
provisions in the contract are necessary to enable the schools to attract
and keep employees and to provide benefits consistent with employees
who work full time.
These provisions apply only to employees who work according to
the school year calendar.
Active Pay Status Options for School Year Employees
1. An employee who works in accordance with the school year
calendar may elect to maintain active pay status during pay periods
between school calendar years for purpose of maintaining
contractual benefits. The monthly amount of leave used shall be no
less than six hundred dollars ($600) in each month an employee is
not scheduled to work. The employee may not take leave in excess
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of the amount of the employee’s regular weekly earnings. During
the summer months, an employee will accrue leaves only when the
employee is in active pay status.
2. Summer Programming
A. The Summer Programming is available to all employees who
work according to the school year calendar. In the event
minimum staffing levels are not achieved through employees
opting into the summer programming, staff will be scheduled
by seniority. The scheduling shall be in order of least senior.
B. The Schools are committed to serving the needs of children
throughout Ohio during the summer months. As such a
minimum of four weeks during the summer months will be
offered as summer programming. The specific number of
weeks and hours per week worked by employees participating
in summer programming will be based on educational needs
and/or funding available. In recognition that a school calendar
is unique to State government, management is committed to
scheduling summer programming to provide the ability for
employees to maintain benefits consistent with employees who
work full time. Summer programming including the duration
will be a topic for discussion at Labor/ Management meetings
over the life of the contract. Specific details on the upcoming
summer’s programming will be a topic for discussion at the
Labor/Management meeting in April. The Employer will
communicate to the employees prior to school closing the
opening and closing dates for participation in the summer
programming.
During the summer months, the Employer may assign
duties outside of the employee’s regular position description or
classification specifications. The performance of work by
summer programming participants, which is normally
performed by other classifications, shall not constitute a
violation of Article 19 or Article 13.07 of the Agreement and
shall not be grievable.
Veteran’s Day
The Ohio School for the Deaf and Ohio State School for the Blind
shall observe Veterans Day on either a Friday or Monday when the actual
day of the holiday falls on a Tuesday, Wednesday, or Thursday.
Veterans Day shall be observed as set forth in the school calendar.
Holiday
Holidays shall be paid in the pay period they occur and in
accordance with the Collective Bargaining Agreement. Employees who
are in an active pay status their last scheduled work day prior to the
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holiday shall qualify for holiday pay.
ENVIRONMENTAL PROTECTION AGENCY
Training/Professional Development
The Ohio EPA and OCSEA agree that career tracks shall be an
appropriate topic for discussion at the Labor/Management Committee
meetings. We shall jointly explore the possibilities of improving the
quality of services at the Ohio EPA.
Off-Hours Support
The Ohio EPA and Union agree to adopt and incorporate the existing
practice of “off-hours support” coverage as described in DERR-00-ER-
005 and “ITS Off-hours Support Plan.”
Employee Support
The statewide Labor/Management Committee will discuss and
consider mutual interest and options generated by Agency-specific
negotiations, including but not limited to safety; legal support;
professional development; educational opportunities; cross-training;
career tracks; Employer provided internal short courses and seminars;
and appropriate collaborative efforts with civic and environmental
groups. These discussions may result in the referral of such options to
regional Labor/Management Committees and/or other appropriate
committees as deemed necessary.
Incentives
In accordance with Article 22.01, appropriate merit based incentives
will be explored by the statewide Labor/Management Committee to
encourage employee excellence. Such merit based incentive programs
shall be mutually agreed upon between, and supported by, the Employer
and the Union. This may include the exploration of alternative sources
of funding, including grants, to promote special projects and temporary
work levels.
Workplace Conflict Management
The Ohio EPA and the Union recognize the benefits of participating
in Dispute Resolution and Conflict Management. The Ohio EPA and the
Union agree to strongly encourage employees to utilize available
resources to resolve employee conflicts.
Performance Evaluations
The Employer and the Union will create a joint Quality Team
consisting of representatives from Labor and Management, in
accordance with Article 14, no later than March 31, 2009. The Quality
Team will review the current performance evaluation form, overall
process and make consensus recommendations to the Director or
designee by December 31, 2009, unless extended by mutual agreement.
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DEPARTMENT OF HEALTH
Travel/ Payment
Employees who travel must submit their requests for reimbursement
within thirty (30) days of the last date of travel. This timeframe may be
extended if mitigating circumstances exist, but in no case may exceed
seventy-five (75) days.
DEPARTMENT OF JOB AND FAMILY SERVICES
Additional Work Supplement Program
In specific instances where a temporary working level is not
applicable, employees of the Ohio Department of Job and Family
Services, who are on temporary assignment performing duties
significantly above their current classification, solely as determined by
Management, shall be eligible for a pay supplement which increases their
rate of pay a minimum of approximately four percent (4%) above their
current step rate of compensation, to a maximum of approximately eight
percent (8%) based upon qualifications and the job performed,
determined at Management’s sole discretion. Employee qualifications
may be subject to verification. Determination of pay and qualifications
shall be made prior to any temporary assignment under this program.
Such payments shall start at the beginning of the project. Such
supplement shall be applied only in instances where the temporary
assignment exceeds ten (10) working days. Selection (or non-selection)
and the payment of this supplement shall be solely at the discretion of
Management and shall not be grievable. Involuntary selection shall be
grievable only through Alternative Dispute Resolution (ADR). Work
assigned pursuant to this program shall not be subject to a Working-Out-
of-Class (Article 19) grievance. However to ensure employees are
adequately compensated and working within the appropriate
classification the Union and Management shall have a discussion no less
than every 120 days of a consecutive additional work supplement
appointment. Issues not resolved through these discussions may be
grieved only through Article 25, ADR.
Established Term Appointments
No new ETAs will be hired on or after January 1, 2015. The
following language will apply to any ETAs hired prior to January 1,
2015.
A. Intent:
The Ohio Department of Job and Family Services has a long-
term commitment to continue to reduce their reliance on non-Union
intermittent, temporary, and non-permanent employees. In order to
achieve this goal, ODJFS may use the established term appointment
type for the purpose of supplementing the permanent work force and
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agrees that they will not use such appointment type for the purposes
of eroding the bargaining unit.
B. Employment Standards:
ETA appointments shall be subject to the following:
1. ETA vacancies shall be posted. Bargaining unit members in
permanent positions shall have rights to the positions in
accordance with Article 17. If awarded the position, the
successful candidate shall be subject to all of the terms
governing ETA employees.
2. All newly hired ETAs shall serve a 1,000 hour probationary
period.
C. Appropriate Use:
Appropriate use of an ETA appointment may include, but is not
limited to the following:
1. To fill in for employees on any form of leave to include, but is
not limited to:
A.) Sick leave
B.) Personal leave
C.) Vacation
D.) Compensatory time
E.) Bereavement
F.) Disability
G.) Workers’ Compensation
H.) Approved Union leave
I.) Administrative leave
J.) Leave under the Family Medical Leave Act
K.) Education leave, i.e., OCSEA UET
2. Staffing around the holidays.
3. To staff for mandated or other training.
4. Operational need that is not contrary to the intent of this
Agreement.
D. Operational Limitations:
1. An ETA shall work no more than 1,500 hours in a State fiscal
year unless mutually agreed to by the ETA joint
Labor/Management Committee.
2. An ETA hired before February 28, 2006 shall work no less than
400 hours in a State fiscal year unless mutually agreed to by the
ETA Committee.
3. An ETA hired after February 28, 2006 shall have no minimum
hour requirement.
4. The Employer shall offer ETA hours of work prior to offering
those hours to Intermittents. When hours of work are scheduled
with less than twenty-four (24) hours notice the first available
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employee shall be offered the hours. An ETA must fill out a
contact sheet, agreed to by the parties.
5. ETAs who report to work as scheduled shall be guaranteed a
minimum of two (2) hours of work.
6. Those in established term appointments shall normally be
scheduled to work forty (40) hours per week during the defined
peak period(s).
7. The Employer will make a good faith effort to equitably
distribute hours worked among available ETAs.
E. Bargaining Unit Benefits:
1. ETAs will be OCSEA bargaining unit members and pay Union
dues or fair share fees in accordance with OCSEA policy.
2. ETAs shall accrue seniority credits. They shall be pro-rated in
the same manner as part-time bargaining unit employees as
defined by the Collective Bargaining Agreement.
3. ETA employees shall be offered health insurance pursuant to
the provisions of Article 20 and 21 of the Collective Bargaining
Agreement.
4. ETA employees shall accrue sick leave, vacation and personal
leave.
5. Holiday pay if scheduled to work forty (40) hours per week,
including the scheduled day before and the scheduled day
following the holiday.
6. ETA employees shall receive bereavement leave with pay for
the hours that they are scheduled to work.
7. ETAs shall be eligible for other rights and benefits not modified
by specific ETA language or limited by part-time employee
status.
8. If an interim customer service representative position in the
office of local office of local operations becomes available, an
ETA shall normally be given preference for selection to the
interim position prior to it being offered to a non-bargaining
unit member within the headquarters location.
F. Problem Solving:
1. The Union and Management are committed to making this
program work to their mutual benefit. The ETA is seen as an
opportunity for employees to enter the workforce, prove their
abilities and become fulltime permanent ODJFS employees. It
is also seen as a method to increase use of bargaining unit
positions and thereby reducing the use of intermittent and other
non-bargaining unit appointment types.
2. The parties will work to solve problems that arise from the use
of ETAs without resorting to the formal grievance procedure.
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3. Grievances that are filed that deal with master contract issues
other than discipline shall be filed using the normal grievance
procedure described in Article 25 of the Collective Bargaining
Agreement. Grievances that are filed regarding the ETA
appointment type or to enforce this Article shall be filed directly
at Step Two of the procedure. The grievance shall be heard by
a Management representative serving on the joint ETA
Labor/Management Committee. Prior to issuing a Step Two
response, the Step Two designee who heard the grievance at
Step Two shall bring copies of the grievance and related
documents to the next meeting of the joint ETA
Labor/Management Committee. The members of the
committee shall provide input and direction to the Step Two
designee on how best to resolve the issue. Unresolved issue
grievances may be advanced to Step ADR, for a written bench
opinion. The parties shall refer the mediation advisory opinion
to the joint ETA Labor/Management Committee for review,
discussion, and resolution. The advisory opinion shall serve as
a guideline for resolution. The Step Two designee shall issue a
Step Two response within thirty-five (35) days of the
committee’s decision not to move the case to Step ADR. For
those cases that go to mediation, a Step Two decision shall be
issued within thirty-five (35) days of the committee’s review of
that decision. Discipline grievances concerning suspensions of
five (5) days or more or removals may be advanced to ADR.
G. Use of ETA:
1. ODJFS agrees not to use the ETA employees to avoid filling
full-time and part-time permanent bargaining unit positions,
ETA employees will not be used in arbitrary and capricious
manner.
2. The ratio of full-time OCSEA bargaining unit employees to
ETAs shall be no more than one (1) ETA to four and one-half
(4 1/2) full-time OCSEA bargaining unit employees providing
that no office, bureau, or section in ODJFS exceeds a 1:4.5
ratio. The joint ETA Labor/Management Committee may
mutually agree to modify the ratio.
H. Layoffs:
In the event of a job abolishment or in order to avoid a job
abolishment, Established Term Appointment type (ETA) positions
in the same classification within the same office where the
abolishments occur shall be separated prior to abolishing any full or
part-time permanent positions in the same classification. ETA
positions shall be separated prior to any full or part-time permanent
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employee in the same classification being laid off. In the case of a
job abolishment and/or layoff a cost neutral separation (the number
of ETA positions needed to be separated to avoid abolishment of a
position or layoff of a permanent full or part-time employee) of
ETAs will be established. ETA employees will not have any rights
under Article 18.
I. Miscellaneous:
The Union shall meet with newly hired ETAs for the purposes
of Union orientation.
J. Committee:
A joint Labor and Management Committee consisting of no
more than five (5) members on each side shall meet every two (2)
months to discuss problems, needs, and successes. Additional
meetings may be held by mutual agreement. The Employer shall
provide statistical data on current intermittent, temporary and
established term appointments usage to the Union. Such data shall
be provided to the Union monthly and no less than one (1) calendar
week in advance of each scheduled meeting. The Union will be
advised if the delivery of such information will be delayed.
Franklin County ODJFS Security Officers Post Selection
Once every twelve (12) months the Agency will conduct a post
selection for Security Officer 1s and 2s for the Franklin County Security
Officers. A post is defined as a location, shift, hours and days of work.
The selection process shall take place no later than ninety (90) days from
the ratification of the contract.
For the purposes of this post selection ODJFS Agency seniority will
be used. ODJFS Agency seniority is defined as the total amount of
bargaining unit time the employee has with ODJFS. Employees who are
employed at ODJFS on March 1, 2009 will have all of their State
bargaining unit seniority designated as ODJFS Agency seniority for the
purpose of post selection.
Management will issue to the Union and each affected employee a
packet containing identified posts, employee’s ODJFS Agency seniority,
and the post selection date. Employees will have seven (7) calendar days
from the date of the notification, to present a challenge of their ODJFS
Agency seniority. ODJFS Labor Relations will determine the validity of
all challenges within seven (7) calendar days. Each employee shall
submit a completed selection form which prioritizes their selections of
all identified posts. Any employee who fails to submit a selection form
shall have their selection made by the Union.
ODJFS Agency seniority will be used solely for the purpose of post
selection and does not have any other application under this contract.
Management may, due to operational need or mitigating
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circumstances, reassign a Security Officer to a different post. If
extenuating circumstances arise that requires the need for a permanent
post change, the Union will be notified.
If an employee is unavailable for whatever reason at the time of the
canvas, a Union designee will make a selection on the employee’s behalf.
Promotions & Lateral Movement to Customer Service
Representative (CSR) Positions in the Office of Unemployment
Insurance Operations
In an effort to retain experienced staff and foster positive morale,
Article 17 of the Collective Bargaining Agreement shall be modified
with the following language:
1. Open Position (Canvass):
A. All open CSR positions Management intends to fill shall be
posted for three (3) working days.
B. ODJFS will make every effort to send such postings to all staff
in the office of Unemployment Insurance Operations (UIO)
using the Agency’s statewide email system.
C. All bargaining unit employees in the office of Unemployment
Insurance Operations shall have an opportunity to apply for the
position as long as they have completed their probationary
period.
2. Selection:
Among qualified applicants, the opening will be filled in the
following order:
A. First, by laterally moving the most senior qualified full-time
customer service representative (CSR) by geographic district as
listed in Appendix J based on qualifications, experience and
education (QEE).
B. Next, by laterally moving the most senior qualified full-time
customer service representative (CSR) statewide based on
qualifications, experience and education (QEE).
C. All other bargaining unit employees in the office of
Unemployment Insurance Operations who bid shall be placed
in the same pool regardless of promotion, demotion or lateral
classification change. Employees in this pool must pass the
CSR assessment to be eligible for selection. Selection will be
based on the most qualified applicant, using qualifications,
experience and education (QEE).
D. Where applicants are substantially equal, seniority shall be the
determining factor.
3. Unfilled Positions:
A. After the three (3) day canvas, if the position remains unfilled,
the position will be posted pursuant to Article 17. No CSR will
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be considered for the posted position unless the CSR was not
available or eligible during the first canvas.
Teleworking
The following outlines the agreement between OCSEA Local 11,
AFSCME, AFL-CIO and the Ohio Department of Job and Family
Services in regard to teleworking. Also referred to as telecommuting,
flexi-work, and flexi-place, such alternative arrangements allow
employees to conduct a portion, or all of their work, away from their
primary workplace on a regular, or episodic basis. By entering into this
agreement, the parties have jointly committed to utilizing alternative
working arrangements with the expectation that it will increase
efficiency, productivity, and reduce costs while continuing to promote
improved employee morale, flexibility, and job satisfaction.
1. ODJFS shall notify the Union no less than forty-five (45) days prior
to the anticipated launch of such an initiative.
2. Following such notice, the parties will immediately take steps to
establish a joint Labor and Management team consisting of equal
number of representatives for the express purpose of meeting to
discuss project oversight, review, and to afford the Union an
opportunity for input.
3. The team shall meet as needed by mutual agreement. Issues of
technology, reimbursement, or other changes impacting the
telecommuting initiative shall be brought to the joint Labor &
Management team for discussion and review. The Union will have
an opportunity to provide input prior to the implementation of
changes related to the initiative.
4. The parties recognize that issues related to such initiatives that
modify terms and/or conditions of employment must be bargained
mid-term.
5. If there are changes to reimbursement levels, the Employer must
advise of any changes with no less than sixty (60) days notice.
6. Participation in such initiatives is not an employee right. An
employee’s participation in such teleworking initiatives is
voluntary.
7. The teleworking arrangement under which an employee will
perform work shall be clearly set forth in a written agreement
developed by the joint teleworking Labor and Management team.
The agreement must be signed by both the employee and their
immediate supervisor. The agreement must specify:
A. The alternative work site (i.e., work-at-home, telework center,
or other);
B. Specific hours and days per week to be worked at the alternative
work place;
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C. Pertinent office equipment to be provided and by whom;
D. Method of communication to be used between the official duty
station and alternative work place; and
E. Duties to be performed and methods of evaluation to be
employed.
8. The employee may opt to terminate teleworking for any reason
within fourteen (14) days advance written notice to their immediate
supervisor.
9. Management may opt to terminate an employee’s participation in a
teleworking initiative for good business reason by providing written
notice to the employee.
10. The Employer retains the right to reduce, expand, or eliminate the
respective teleworking initiative(s) with no less than forty-five (45)
days advance notice to the Union. After receiving such notice, the
respective joint Labor and Management teleworking team shall meet
as soon as practicable in order to allow the Union the opportunity
for input.
11. A teleworking arrangement does not alter the terms and conditions
of appointment, including an employee’s headquarters county,
report-in location, salary, benefits, individual rights, or obligations.
All pay, leave, and travel entitlement shall be based on provisions
of the Collective Bargaining Agreement and Agency policy.
12. There shall be no reduction in reimbursement of associated costs
described in the Memorandums of Understanding (MOUs) between
the parties regarding the following teleworking initiatives without
the Employer first giving sixty (60) days notice:
A. The June, 2004 MOU between OCSEA and ODJFS Bureau of
State Hearings.
Guidelines For Committees/Cost Of Meetings
OCSEA and Management shall mutually agree to meet as needed
for meetings of the Joint Budget Committee and Contracting Out
Committee and any other committees established outside of the
Statewide Labor/Management Committee. Article 3.03 will apply
regarding release time.
Whenever possible, OCSEA and Management shall mutually agree,
in order to reduce the cost of doing business, to utilize available
technology options (e.g., teleconferencing, videoconferencing) to
conduct meetings and normal business covered under the contract. The
parties will remain open to meeting in person where it is agreed that this
option would be most beneficial.
Both parties agree to broaden individual representation on
committees and at meetings to increase the opportunity of participation
for other subject matter experts.
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Geographic Jurisdictions
In the event it becomes necessary to redefine districts, the
appropriate forum for this discussion shall be the ODJFS Statewide
Labor/Management Committee.
Competency Based Talent Management Systems
ODJFS and OCSEA have a mutual commitment to a high
performance workplace supported by a competency based talent
management system. The appropriate forum for this discussion shall be
the ODJFS Labor/Management Committee.
LOTTERY COMMISSION
A. Lottery Sales Representative 1 and Lottery Sales Representative 2
shall be subject to random drug testing and will be covered under
Appendix M of the Collective Bargaining Agreement effective July
1, 2002.
B. Beginning January 11, 2001, all terms of the OCSEA Collective
Bargaining Agreement will apply to these employees with the
following exceptions:
1. Lottery Sales Representatives shall be compensated at their
base rate of pay for all time after reaching their first assignment,
excluding meal periods, until arriving at their residence;
however, it does not apply when the first and/or last assignment
of the day is their regional office.
2. Lottery Sales Representatives shall receive compensatory time
or overtime at the employee’s discretion, for travel time to
and/or from any event which caused the employee to be in
active pay status more than forty (40) hours in the calendar
week in which event occurred and which fell outside of the
Lottery Sales Representatives assigned sales region.
3. Travel time shall be determined based on the travel time from
each regional office outside the region where the event is
occurring to the location where the event is being held minus
30 minutes.
4. In the Lottery Commission, when overtime relates to an event
involving a Licensed Sales Agent, the overtime shall be offered
first to the agent’s regular Sales Representative, except when
that Sales Representative is not available. If the regular Sales
Representative is not available, overtime shall be offered based
on seniority among those Sales Representatives who normally
perform that work. Geographical assignment shall be a
consideration in determining the distribution of overtime.
C. For Sales Representative 2 vacancies that the Employer intends to
fill by promotion, the applications will be divided as follows:
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1. All employees in the regional office who possess and are
proficient in the minimum qualifications contained in the
classification specification and the position description.
2. All other employees of the Agency.
3. All other employees of the State.
Employees bidding under Section 2 and 3 shall have no right to
grieve non-selection, otherwise, the provisions of Article 17.05 on
selection will apply.
D. When a vacancy is posted for Sales Representative 1 or 2, the
Employer may accept a request for a lateral transfer before a
promotion from any employee in the same classification from any
Lottery facility statewide.
1. When a vacancy is posted for an Investigator at a racino the
Employer may accept a request for a lateral transfer before a
promotion from an Investigator at any other racino statewide.
2. When a vacancy is posted for a Keno-specific Investigator at a
Lottery facility, the Employer may accept a request for a lateral
transfer before a promotion from a Keno-specific Investigator
at any Lottery facility statewide.
E. In the event of a Public Safety Emergency or Inclement Weather,
employees holding the classification of Lottery Sales Representative
1 or 2 or Lottery Delivery Worker, with the approval of their
supervisor, may make up all or part of their lost work or business
travel time by working such time in addition to their regular
schedule within the same pay week as the time was missed.
F. Article 17.04 – Applications
1. This language is an exception to the language found in the third
paragraph of Article 17.04 in the main body of the Collective
Bargaining Agreement.
2. This exception applies to only two (2) Ohio Lottery
Commission-specific job titles and classifications as follows:
i. Racino VLT Investigator
ii. Lottery Game Security Specialist
3. Probationary employees in the Racino VLT Investigator job
title and classification only may bid on an open Racino VLT
Investigator position after serving one hundred eighty (180)
days of their 365-day probationary period, and the Ohio Lottery
Commission may award that open position to the applicant who
fulfills this probationary requirement along with remaining
qualifications.
4. Probationary employees in the Lottery Game Security
Specialist classification only may bid on an open Lottery Game
Security Specialist position after serving one hundred twenty
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(120) days of their probationary period, and the Ohio Lottery
Commission may award that open position to the applicant who
fulfills this probationary requirement along with the remaining
qualifications.
DEPARTMENT OF MENTAL HEALTH AND ADDICTION
SERVICES
Section I: Community Support Network (CSN)
A. Transportation Reimbursement
The Department of Mental Health and Addiction Services
agrees to reimburse employees in Community Support Network
(CSN) who during the course of their normal duties, are required to
and actually transport clients/consumers in their own personal
vehicle on a regular basis. The purpose of the payment is to
reimburse employees for the cost of an automobile rider to their
existing insurance policy. To be eligible for the reimbursement, the
employee must demonstrate the following:
1. That he/she is normally required to transport clients/consumers
in the course of their duties;
2. That there is no access to or available State vehicles;
3. That public transportation cannot be used;
4. That their insurance company requires a special rider on their
existing automobile policy;
5. Proof that such a rider has been purchased;
6. Proof of a valid driver’s license and insurance policy.
By receiving such reimbursement, employees acknowledge that
they may be required to use their own personal vehicle to transport
clients/consumers in the normal course of their duties.
The reimbursement to such employee(s) is the actual cost of the
rider not to exceed seventy-five dollars ($75.00) per year whichever
is less. This reimbursement will be paid on a yearly basis in the pay
period that includes July 1 for the life of this Agreement. Employees
who either resign, retire or have their employment terminated during
the year and employees who start during any part of the year will
have the reimbursement prorated. In the case of employees who
either retire, resign, or have their employment terminated will have
that portion of the reimbursement repaid to the State, in the last
paycheck.
B. Training
Training and orientation will be provided to any new employee
in a CSN Program. The employee could be new to the program as a
result of an internal fill through the bid process or as a new hire, or
through the displacement process. The orientation will be provided
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to the new employee prior to assuming the duties of the program.
C. Evaluation Period
All employees that go into positions in CSN program(s) will
serve an evaluation period of one hundred eighty (180) calendar
days irrespective of classification and CSN program.
D. Re-Entry from CSN
Within the one hundred eighty (180) calendar day evaluation
period, the Employer may reassign an employee to the hospital from
CSN program(s). After the evaluation period, employees will not
have the right to re-enter the hospital.
If the Department initiates placement of an employee from CSN
to the hospital outside of the evaluation period, it must show just
cause that the employee can not perform the duties of that position.
Mutual Understanding
The Department of Mental Health and Addiction Services
affirms its intent, on a permanent basis, to be a substantial provider
of services as specified in the Mental Health Act of 1988. The
substantial provider role will include the delivery of inpatient
services and/or State operated community services. Substantial
provider shall mean as the current inpatient service capacity
decreases, that the existing direct service capacity will be shifted to
the community side, without supplanting locally provided
community services, and subject to locally planned and managed
systems of care.
Direct care State employees will be utilized where possible in
the newly created Community Support Network (CSN) Programs
provided that the new programs do not supplant locally provided
community services and subject to locally planned and managed
systems of care.
E. Bumping
Employees in the Department of Mental Health and Addiction
Services have the right to bump in accordance with Article 18 of the
Collective Bargaining Agreement. However, employees shall not be
permitted to bump into occupied positions in Activity Community
Training (ACT) teams (non-residential) in Community Support
Network (CSN) Programs. The affected hospital and/or CSN will
canvass employees pursuant to Section 18.04 following a layoff or
abolishment.
F. CSN Schedule Changes
The present practice of flextime scheduling shall continue and
will be an appropriate topic for Labor/Management meetings.
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G. CSN Report-In/Work Location Closure and/or Local Weather
Emergency
If a work location closure or local weather emergency occurs,
the following are options that both Management and the CSN
employee may jointly agree to use. These options are spelled out
and listed below so that when such situation occurs, there will be
some level of predictability. All of these options will be made
available and must have prior approval by the program supervisor.
Options:
1. The employee may take appropriate leave for the day.
2. If appropriate to the program, the employee may reschedule the
day for another day during that week only.
3. The employee may report to an alternative site that is approved
by their supervisor. They must call in and notify the supervisor
of the alternative site option. They may then perform CSN
related work such as Contact Logs and phone contacts to
clients. The employee may use a combination of work at an
alternative site and leave time to fill the day’s schedule.
4. The employee may report to an alternative site and perform
duties that they are qualified to perform on a unit. This also
must be approved in advance by the CSN supervisors and the
alternative site administrator.
5. Any other arrangement that can be mutually agreed to locally
as long as it does not violate the Collective Bargaining
Agreement, OhioMHAS policy, and/or State or Federal law.
If any of these options are used, the goal is to facilitate the least
disruptions of the program as well as maintaining services to the
client as prescribed by the individual CSN program. Accountability
must be built in to any one of the options that are utilized. If one of
the options are approved but later become problematic, the CSN
supervisor shall notify the employee as soon as possible identifying
that option as no longer available.
Each CSN supervisor shall meet and discuss these options as
soon as possible so that employee will understand the options
available to them. Each CSN program options(s) will be reduced to
writing.
Section II
A. Established-Term Appointments (ETA)
The Ohio Department of Mental Health and Addiction Services
and the Ohio Civil Service Employees Association agree at all
locations to the use of the established-term appointment type. The
Employer and Union will agree to discuss at a local
Labor/Management meeting, the appropriate use/numbers for the
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creation of ETA positions.
1. Length of Appointment
An employee with this appointment type will have a length
of appointment not to exceed ten (10) months consecutively. At
any time during the appointment period the appointment may
be canceled by Personnel Action with notification to the
Chapter President.
If this appointment type needs to be extended beyond the
ten (10) month period for any one individual, then Management
and the Chapter President will agree to discuss the extension.
This employee will have first consideration to be extended
based on operational need.
If there is no mutually agreed to extension, an employee
shall not be re-appointed to this appointment type without at
least a thirty (30) day break period.
2. Schedule
The Employee holding this appointment type may/may not
have a fixed schedule. The schedule may/may not be irregular
from week to week. The Employer agrees not to use this
appointment type to avoid filling permanent full-time positions.
This Employee shall be used to supplement the work force and
not erode permanent positions the bargaining unit* in the
following manner:
a) to fill in for employees on any form of approved leave to
include but not limited to sick leave, personal, vacation,
compensatory time, bereavement, disability, workers
compensation, occupational injury, approved Union leave,
administrative leave, educational leave i.e., OCSEA UET
and the Family and Medical Leave Act.
b) staffing for holidays where regular staff have requested the
day off.
c) staffing for mandated or other training.
d) to assist in preparation for JCAHO, HCFA, other surveys,
or short-term acuity/clinical needs. ETAs can not be used
in place of overtime to work a 1:1 assignment until after
the third day.
e) to avoid the use of mandatory overtime
f) to staff operational emergencies. The local Union Chapter
President/designee would be notified of such operational
emergency.
g) Each hospital site may schedule up to fifteen (15) ETAs per
day as additional staff in the Therapeutic Program Worker
(TPW) and Psychiatric Attendant (PAT) classifications.
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The Employer agrees that the total number of ETAs
working in the TPW/PAT classification on any given day
will not exceed the number of permanent employees on
approved leave by more than fifteen (15).
h) ETAs working a forty (40) hour schedule shall be
mandated prior to permanent staff. The decision of which
ETA is mandated shall not be grievable.
*Data pertaining to the use of ETAs and the number
of bargaining unit positions will be made available to the
Union upon written request. These requests will be
honored within three (3) working days.
3. Classifications:
The Correction Officer (CO), Licensed Practical Nurse
(LPN), Psychiatric Attendant (PAT), and Therapeutic Program
Worker (TPW) classifications are eligible to be placed in this
appointment type.
4. Rights:
During the appointment period, Employees in this
appointment type have the rights as other bargaining unit
employees except as specifically enumerated below:
a) Effective the pay periods including July 1, 2019, any newly
hired temporary CO, LPN, PAT, or TPW position within
OHMHAS shall be an ETA.
Employees in ETA appointment type would not be
entitled to step increases until he or she has actually worked
two thousand and eighty (2,080) hours. These hours do not
need to be consecutive. These hours will not include paid
or unpaid leave. These hours will only include regular
hours worked and/or overtime hours worked. The
employee may continue to advance steps for every two
thousand and eighty (2,080) hours actually worked. Any
employee converted from an intermittent position to an
ETA position in the pay period including July 1, 2019 shall
have their hours worked July 1, 2018 credited towards their
initial two thousand and eighty (2,080) hours worked for
the purpose of the step increase.
b) Employees in this appointment type may bid on any posted
vacancy pursuant to Article 17.04 #4.
c) An employee holding this appointment type who becomes
a permanent employee in the same classification, will be
credited with their time served, but no more than one-half
(1/2) of the length of the probationary period for that
classification.
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d) Employees in this appointment type will not accrue
seniority credits; however, time worked in this
appointment type shall be counted as bargaining unit
seniority in accordance with Article 16 if the employee
becomes a permanent employee.
e) An employee in this appointment type would be a member
of the bargaining unit for the period of the appointment
only.
f) In the event of a layoff or in order to avoid a layoff,
appointments of this type may be terminated prior to the
end of the appointment period. Additionally, employees in
these appointments will be terminated before any full or
part-time permanent employee in the same classification is
laid off. Employees in this appointment type will not have
recall rights per Article 18.
g) Employees in this appointment type have restricted rights
under Article 13. Specifically, they do not have a right to a
fixed schedule, established number of minimum or
maximum hours of work, or guaranteed number of
weekend days off. However, when possible and if known,
the Department will attempt to identify the days that an
ETA will work based on the known requested scheduled
days off of other employees. These employees do not have
a right to any shift, work location, days off or week end
selection. Additionally, they do not have the protections
regarding reassignments and will be reassigned according
to operational need. They do not have the right to grieve if
not offered overtime and are not eligible for call-back,
report-back pay, report pay, stand-by pay, or Emergency
Leave.
h) Employees in this appointment type do not have the right
to any pay supplements including but not limited to shift
differential or hazard duty.
i) Employees in this appointment type will not receive
holiday pay or premium pay for work on a holiday unless
they have been assigned a full-time schedule and/or work
at least thirty-two (32) hours (excluding the actual holiday)
during the week that includes a holiday, and must work the
scheduled day before and the scheduled day following the
holiday.
j) Employees in this appointment type are not eligible to
receive any paid leave provided in Article 30; except that
if the employee is scheduled to work forty (40) hours they
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may receive bereavement leave for the death of spouse,
parent or child.
k) Employees in this appointment type are not eligible to
access OCSEA UET funds pursuant to Article 37, unless
or until they have worked 960 hours in the appointment
period.
l) ETAs shall receive eight (8) hours paid leave in the first
earnings statement which the employee receives after the
first day of January, April, July and October of each year.
Employees hired after the start of a calendar quarter shall
be credited with a prorated amount on the basis of .0192
hours per hour of non-overtime paid. For each instance of
personal leave use, personal leave shall be charged in an
initial minimum unit of two (2) hours; personal leave used
after the initial two (2) hour minimum unit per instance
shall be charged in units of one tenth (1/10) of an hour. This
leave shall not be subject to the terms and conditions stated
in Article 27 except as otherwise clearly stated above.
Management therefore will not be required to grant usage
of this leave even if the request is made with forty-eight
(48) hours of notice. Employees shall provide prior notice
and receive approval for the leave usage, including call off
due to illness, as specified in agency policy in order to be
paid for this leave. This leave cannot be used by an ETA
on any of the holidays listed in Article 26.01. Denial of the
usage of this leave cannot be grieved. This leave may roll
over for usage from quarter to quarter, but must be used by
the end of the calendar year in which it was credited. If the
leave is not used by the end of the calendar year, any
remaining leave balance will be reduced to zero. This leave
has no cash value and is not subject to year end conversion
pursuant to Article 27 or any other leave Articles.
Employees in this appointment type are not eligible to
receive any other paid leave provided in the Collective
Bargaining Agreement, except as already outlined in the
OMHAS Agency-Specific, Appendix Q, Sections II. A. 4.
i.) and Section II. A. 4. j.) These amendments regarding
leave for ETAs shall be effective the pay period including
July 1, 2019.
OMHAS will monitor retention and recruitment of ETAs,
approval and denial of leave for permanent employees,
mandatory overtime and other data to determine if
utilization of ETAs has impacted operations. This
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information will be reviewed prior to the next collective
bargaining agreement.
B. Work Area Openings
Work Area Openings in the Department of Mental Health and
Addiction Services will be posted for seven (7) calendar days.
C. Work Area Overages/Permanent Reassignments in the
Department of Mental Health and Addiction Services
Work area overage/permanent reassignment from an
employee’s defined work area may be made for good management
business reasons. These reasons include:
a) staffing overages on a particular shift;
b) for the clinical benefit of a client or patient.
Prior to any reassignment, Management will meet with the
Union Chapter President to discuss the reason(s) for the
reassignment.
D. Team-Scheduling
The team-scheduling program being implemented at the time of
this Agreement will continue as long as both parties agree to
participate in the program. Any disputes over the implementation of
the team-scheduling program that cannot be resolved at the local
level will be referred to the Statewide Labor Management
Committee for resolution. For any reason, if the parties cannot
mutually agree, the moving party will give the chair of the Statewide
Labor Management Committee a sixty (60) day written notice if it
intends to discontinue the program at the local level. During the
sixty (60) day period the parties will meet and attempt to resolve the
issues.
E. Pre-Posted Overtime
The pre-posted overtime program being implemented at the
time of this Agreement will continue as long as both parties agree to
participate in the program. Any disputes over the implementation of
the pre-posted overtime program that cannot be resolved at the local
level will be referred to the Statewide Labor Management
Committee for resolution. For any reason, if the parties cannot
mutually agree, the moving party will give the chair of the Statewide
Labor Management Committee a sixty (60) day written notice if its
intent to discontinue the program at the local level. During this sixty
(60) day period the parties will meet and attempt to resolve the
issues.
F. Mandatory Overtime:
Where circumstances permit, no employee shall be mandated
more than one (1) time in a seven (7) day period.
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G. Holiday Canvass:
Prior to posting the schedule for a period that includes a
holiday(s), the employees will be canvassed to determine who wants
to observe or work on the holiday(s). If a sufficient number of
employees do not volunteer to observe or work the holiday(s),
employees will be scheduled to work or observe the holiday on the
basis of seniority. ETAs shall be used to accommodate employees’
requests to observe the holiday, when scheduling permits. By
mutual agreement, the parties may develop alternative holiday
procedures at the local level. The parties agree that this process may
be affected by the implementation of self-scheduling.
H. Vacation Canvass (Pic-A-Vac):
Each facility will implement a vacation canvass in accordance
with the Collective Bargaining Agreement and take into
consideration the parties’ efforts to improve recruitment and
retention. The vacation canvass process will include the following:
1. At the local level, upon agreement of the parties, the union
may elect to conduct the vacation canvass.
2. Employees shall be notified of the date and time when they
are to make their selection.
3. All employees will have an opportunity to view or will be
informed as to what dates are open on the calendar.
4. The numbers of employees allowed off at any one time
should take into consideration the parties’ efforts to
improve recruitment and retention.
5. The parties may agree that there are prime months for the
vacation canvass.
6. Disputes over the vacation canvass are an appropriate topic
for the statewide labor-management committee.
I. TPW Educational Supplement
The parties mutually agree to the creation of an educational
supplement for eligible OhioMHAS employees classified as
Therapeutic Program Workers (TPW). The amount of the
supplement will be at the sole discretion of the OhioMHAS up to a
maximum of four percent (4%) of the hourly rate of the first step in
the pay range (Appendix L - Pay Ranges). All employees
completing the training will receive an equal supplement. The
employee must have completed an initial probationary period as a
TPW. The employee (TPW) must have completed all prescribed
course work as identified by the Statewide OhioMHAS/OCSEA
Workforce Development Steering Committee - TPW Curriculum
Program. The supplement will be awarded to new, eligible
employees no more than semi-annually in the pay periods that
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include January 1
st
and July 1
st
. The OhioMHAS reserves the right
to annually review the status, effectiveness of the program, and
economic ability of the Department to continue the supplemental
payment.
J. Institutional Seniority
As of July 1, 2015, all new hire employees will use state
seniority for bidding under Appendix N work area agreements.
K. Absence Management Initiative Committee
The parties agree to form a joint committee to explore an
Absence Management Initiative, which will include the discussion
of granting additional weekends off.
DEPARTMENT OF NATURAL RESOURCES
ODNR - Established Term Appointment Type
Within the Ohio Department of Natural Resources, the Irregular and
Regular Established Term (ETI/ETR) appointment type will no longer
be utilized.
ODNR - NRW and NRS Employees
A. Natural Resources Worker (NRW)
1. NRW employees shall only be hired as an intermittent
appointment type.
2. The provisions of Article 7.03 shall apply.
3. The pay range shall be step 1 of current Agency Specific CBA
NRW pay table.
4. In the Division of Parks and Watercraft, the primary season for
NRW employees will include the pay period which includes
April 1 through the pay period that includes October 31.
5. ODNR shall notify the OCSEA if the primary NRW season
changes.
6. The NRW pay rate will be updated with the beginning of the
pay period which includes July 1 of each year, in accordance
with the following pay table:
Year
July 1, 2021
July 1, 2022
July 1, 2023
Hourly
Rate
$12.00
$12.36
$12.73
B. Natural Resources Specialist (NRS)
1. The NRS classification shall only be used for age 18 and under
employment in retail operations (e.g. camp stores, pro-shops,
marinas, etc.) unless mutually agreed otherwise.
2. The primary season for NRS employees will include the pay
period which includes May 14 through the pay period that
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includes September 9.
3. ODNR agrees to limit the number of hours that can be assigned
to NRS employees to 50,000 per payroll fiscal year.
4. NRS Employees are not members of the OCSEA Bargaining
Unit and therefore have no rights under the OCSEA Collective
Bargaining Agreement.
C. Reports - NRS, Bargaining Unit Intermittent and Part-Time
1. On a monthly basis, the ODNR shall provide to the OCSEA a
report of bargaining unit intermittent and part-time employees.
The reports shall include the employee name, classification
title, appointment type, work location, and accumulative hours
worked in the payroll fiscal year.
2. At the end of the first pay period in October of each payroll
fiscal year, the ODNR will provide to the OCSEA a report of
NRS employees. The report shall include the employee name,
classification title, work location, and accumulative hours
worked in the payroll fiscal year.
ODNR - Mineral Resources Management (MRM) and Oil and Gas
Resources Management
Within the Divisions of MRM and Oil and Gas Resources
Management, the following modifications to Articles 17 and 18 are
made:
For the purposes of applying Appendix J of the OCSEA Labor
Agreement, the Mineral Resources Inspector 1, 2, & 3 (MRI) (22931,
22932, 22933), Mine Rescue Operations Coordinator (MROC) (24710),
Mine Safety Inspector 1 & 2 (MSI) (24711, 24712) classifications shall
have statewide promotion, layoff and displacement rights. MRM and Oil
and Gas Resources Management has the authority to identify reasonable
geographic residency requirements for MRI, MROC and MSI positions
and may deny actions or benefits pursuant to Articles 17 and 18 if an
applicant or employee does not agree to the residency requirement
identified. The Agency shall provide notice of a residency requirement
change to the Employee and Union at least fifteen (15) calendar days
prior to the change. The employee will have sixty (60) calendar days
after the effective date to establish a new residence. Residency
requirement is an appropriate subject for Labor/Management.
Labor/Management Committee
For the purposes of applying Articles 8 and 11 of the Labor
Agreement, ODNR shall have one Statewide Department L/M
Committee, as well as our Central Office, Fountain Square L/M
exclusively. This does not preclude the development and utilization of
local work area L/M Committees where the parties mutually agree or the
development and utilization of district L/M Committee as provided in
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Articles 8 and 11.
Both parties agree to combine the Labor/Management Committee
with the Health and Safety Committee for both Statewide and Fountain
Square meetings. These joint Committees shall meet quarterly.
Agency Grievance Meetings:
Article 25.02 as applied to ODNR is modified to the following language:
Any grievance filed by or for an ODNR employee shall be initiated
at Step two (2) of the grievance procedure within twenty (20) days of the
date the grievant became or reasonably should have become aware of the
occurrence giving rise to the grievance. The remainder of Article 25.02
remains unchanged.
The parties will make videoconferencing and teleconference
available as practicable. The topic of locations for grievance meetings
is an appropriate topic for Labor/Management.
ODNR - Forestry
Professional Achievement Incentive Supplements
In an effort to promote professionalism and enhance the quality of
services, employees within Forestry are eligible for a pay supplement
equal to three percent (3%) of the classification salary base rate upon
voluntarily obtaining and maintaining specific certifications. At the
beginning of each fiscal year, the following classification are eligible for
the supplement upon submission by June 1
st
of a current certification
from the Society of American Foresters (SAF) certification:
Class
Pay Range
22321
Forestry Technician
28
22322
Forester (non-urban)
30
Further, employees in the Forester classification with the working
title of Forester Urban will be eligible for the supplement upon
submission by June 1
st
of a current certification from the International
Society of Arboriculture (ISA) certification.
This supplement shall be added to the employees’ base salary for all
hours paid, and shall be used in the calculation of overtime pay. If an
employee loses certification, he/she is no longer eligible for the
supplement. Employees are required to notify Management of all
changes in certification. Management will not provide additional training
or educational release time, etc., beyond ODNR existing applicable
policies.
The pay supplement can be discontinued only upon notice of an
approved layoff/job abolishment in Forestry that will result in layoff or
displacement of an employee.
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ODNR Promotion - Increase in Appointment Type
Since the ODNR utilizes many seasonal and other less than full-time
appointment types, Article 17 of the OCSEA Collective Bargaining
Agreement often limits an employee’s ability to successfully bid on a
position which is the same classification, but is an increase in
appointment type.
Thus, in an effort to retain experienced staff and foster positive
morale, for vacancies the ODNR intends to fill by promotion or lateral
transfer within the same classification to a higher appointment type,
Article 17 of the OCSEA Collective Bargaining Agreement is modified
by the following language:
A) A division shall identify a classification that requires an increase in
an appointment type (example: Financial Associate from part-time
to full-time);
B) The order of appointment types is recognized in the following
ascending order: Intermittent, part-time and full-time;
C) When a part-time or Intermittent employee in the identified
classification within the headquarter county would have a right or
consideration under Article 17 and has at least one (1) year of
service (i.e. 26 pay periods worked) in that classification, the
identified employee may be awarded the new appointment type.
D) If a vacancy is filled pursuant to this Section, the division shall
forego the posting requirements of Article 17. However, the current
OCSEA Assembly or Chapter President for the ODNR and the
assigned OCSEA staff representative shall receive the following
information from the ODNR Office of Human Resources at least
fifteen (15) calendar days prior to the increase in appointment type:
1. Employee name;
2. Work location;
3. Classification and appointment type;
4. New appointment type;
5. Copy of the employee history screen;
6. Position Description; and
7. Listing of other OCSEA employees in the headquarter county.
If OCSEA does not contest the accuracy of the aforementioned
information within fifteen (15) calendar days after notification, the
requesting ODNR division shall proceed with the appointment type
change.
E) Probationary periods remain governed by Article 6 of the OCSEA
Collective Bargaining Agreement.
ODNR - Vehicle Commute Time
Due to the unique travel involved for the “non-permanent dredge
locations” program, Article 13.06 is modified as follows:
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1. All dredge employees who are assigned to non-permanent dredge
locations will be eligible for paid status after having traveled forty-
five (45) minutes from their residence whether in a state owned or
personal vehicle. Commute time over forty-five (45) minutes will
be in paid status regardless of whether they are traveling to Buckeye
Lake or any other work location.
2. When returning the vehicle at the end of their work day, non-
permanent dredge employees will cease being in paid status forty-
five (45) minutes from their residence whether in a state or personal
vehicle.
3. A list of non-permanent dredge employees will be provided to the
Central Office OCSEA Representative annually at the beginning of
the dredge season.
4. All other dredge employees not reporting to a non-permanent
dredging worksite will follow Article 13.06 regarding payment for
any additional travel time.
ODNR - Headquarter County Change
Due to operational need, scope and/or mission of an Agency, the
Employer maintains the right to permanently relocate an employee
and/or his/her position to another headquarter county within the same
Appendix J Geographic Jurisdiction. The employee shall only be
relocated to perform duties appropriate to the same classification which
he/she holds. Such relocations do not constitute the creation or filling of
a vacancy pursuant to Section 17.02. The Agency shall provide notice of
the headquarter change to Employee and Union at least fifteen (15)
calendar days prior to the change. The headquarter county change shall
be by mutual agreement with the union; however, if the OCSEA does
not sign the agreement within fifteen (15) calendar days of notice, the
Agency shall proceed with the headquarter county change.
Dispatch Operations Center
The Employer reserves the right to cancel or deny personal leave
requests on Memorial Day, July 4
th
, Labor Day, deer gun season as
designated by Division of Wildlife (e.g., Monday following
Thanksgiving through the next Sunday), and a bonus weekend for deer-
gun season as designated by Division of Wildlife.
OPPORTUNITIES FOR OHIOANS WITH DISABILITIES
Pre-Development Unit
The purpose of the Pre-Development Unit in the Opportunities for
Ohioans with Disabilities (OOD)/ Division of Disability Determination
(DDD) is to accomplish the following: Focus on providing service to
our customers; increase DDD case production, and reduce processing
time of cases. The employees participating shall be classified as a
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Disability Claims Development Analyst (DCDA). It is a goal that the
DCDAs be composed of promoted support staff and demoted DCAs.
Minimum qualifications for the Pre-Development Unit include
current full-time, non-probationary staff who are classified as DCA or
Senior DCA. Qualified staff will possess an Associates degree (or
higher) in one of the following majors: Sociology, Psychology, Social
Work, Special Education, Nursing, Communications, Business, or other
Human Services/Medical related field. Although the DCDA is in the
DCA classification series, time spent as a DCDA shall not be used to
indicate an employee meets minimum qualifications for a DCA position.
Time spent as a DCDA shall not count as time served for promotions in
the DCA classification series.
The Parties agree that Article 17 shall be modified for composition
requirements of the Pre-Development Unit. The Parties agree that
selections shall be in accordance with the OOD Selection Procedures. It
is within Management’s right to determine the size of the Pre-
Development Unit.
A. Positions may be posted as a “Promotion only” notice. Demotions
and lateral transfers shall be considered only if noted. OR
B. Positions may be posted as a “Demotion only” of Disability Claims
Adjudicators. Promotions and lateral transfers shall be considered
only if noted. OR
C. Positions may be posted in accordance with Article 17.
All staff who are selected as DCDAs shall remain in the DCDA
classification for the probationary period and cannot opt out until after
the probationary period in accordance with Article 6.
The Parties agree that existing DCDA staff shall transition through
training toward providing increased customer service, which shall
include regular telephone interactions with the public, as well as medical
professionals.
Relocation and Retention
This Agreement regarding relocation and retention made December
23, 2008, by and between the Opportunities for Ohioans with Disabilities
(OOD), and the Ohio Civil Service Employees Association, Local 11,
Chapter 2538, AFSCME (OCSEA), Parties hereto.
The purpose of this Agreement is to provide a mechanism for
Bargaining Unit staff to relocate and gives OOD the ability to retain staff.
This Agreement is a cooperative commitment between OCSEA and
OOD that demonstrates the value of and allows bargaining unit
employees within OOD to relocate across county lines or within the same
county where there are multiple office locations. This can be
accomplished by requesting a transfer or demotion when there is no
posted vacancy. This Agreement does allow Management to honor an
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employee’s request prior to the posting of a vacancy announcement.
1. The Parties agree that lateral transfer is defined in Article 17.02 (F)
as an employee-requested movement to a posted vacancy within the
same Agency which is in the same pay range as the classification
the employee currently holds.
2. The Parties agree that demotion is defined in Article 17.02 (G) as
the movement of an employee to a position in a classification with
a lower pay range. A lower pay range is defined as a pay range in
which the first or last step has a lower rate of pay than the first or
last step of the pay range to which the employee is currently
assigned.
3. It is understood that OOD Management has the discretion to accept
or deny the request for transfer or demotion. OOD is willing to
consider an employee’s request for transfer or demotion in the same
or lesser pay range and in the same or lesser classification from one
physical office location to another physical office location without
a vacancy being posted. This provision does not preclude OOD
from moving employees in accordance with Article 17. All things
being equal, seniority would be the final determinant.
4. If Management determines to fill a vacancy by posting, Article 17
will be followed. The Parties hereby recognize that if a vacancy is
posted in accordance with the OCSEA contract, this Agreement is
not applicable.
5. The granting and/or denial of a request for transfer or demotion in
accordance with this Agreement can be grieved by the non-selected
senior employee to determine if all factors were reasonably
considered and to ensure there was no bias or discrimination in the
selection. If a voluntary transfer or demotion occurs and there are
two (2) or more employees wanting the same location then the non-
selected employee(s) will receive a letter(s) informing them of
Management’s decision. The denial notification letter(s) will
outline the factors considered by Management. If two (2) or more
employees wanting the same location submit their requests on the
same day, seniority will be the determining factor of selection. If a
person is transferred or demoted in accordance with this Agreement,
OCSEA agrees on behalf of itself and individual members not to file
or process any grievance or administrative appeal or legal action on
OOD’s decision to not post a vacancy in accordance with the
contract.
6. The employee’s request must be submitted in writing (e.g., fax, e-
mail) and submitted to the Manager of Talent Planning and
Acquisitions. A denial does not rule out future consideration.
OOD/HR will keep the request on file for the life of the current
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contract from the date received by Human Resources. The
employee will need to indicate the office location(s) and/or
county(ies) he/she would prefer. Employees will be notified in
writing explaining the acceptance or denial of the request. Copies
of the request will be sent to the OOD Assembly President and the
President of Chapter 2538. Copies of the acceptance and/or denial
letter will also be sent to the OOD Assembly President and the
President of Chapter 2538. Employees will be able to withdraw
their request if they decide not to transfer or demote.
7. The granting of the above noted request does not entitle the
employee to moving expenses.
8. The employee may receive no more than one (1) transfer or
demotion, as defined in item number 4, within 365 Day period,
unless approved by Management.
9. If the employee is transferred or demoted in accordance with this
Agreement, he/she will not be subject to a probationary period.
Employees currently on probation will not be subject to the
provision of this Agreement.
DCA Progression
1. In mutual agreement between OOD and OCSEA, DCA employees
will progress to the Senior DCA position upon successful
completion of the Senior DCA promotion assessment. DCA
employees may choose to remain a DCA employee and opt out of
the progression.
2. DCA employees become eligible to take the Senior DCA promotion
assessment after they have obtained three (3) years of service as a
DCA by the date of the promotion assessment (or three (3) years of
service in an equivalent Determination Services position with
another state, or a combination of the above equal to three (3) years).
3. Eligibility is also contingent on the DCA employee having no active
discipline for performance at a “written” level or higher.
4. Additionally, eligibility is also contingent on the DCA employee
having no more than one (1) “DOES NOT MEET” on their last
annual evaluation. Employees with more than one (1) “DOES NOT
MEET” on the most recent annual evaluation may request a review
of the areas of deficiency at the mid-point of the evaluation period.
If at that time, the areas of deficiency have improved to a satisfactory
level, then the employee may take the Senior DCA promotion
assessment when it is offered.
5. The promotion assessment will be given at least once in a calendar
year.
6. DCA that have obtained three (3) years of service as a DCA may
attend specific Agency training prior to taking the assessment. The
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training session will be offered at least once in a calendar year.
7. Senior DCA will serve a 180 Day probationary period. Employees
who do not pass the probationary period (or who elect to demote
back to the DCA position) may not re-apply for advancement to the
Senior DCA position for 365 Days after returning to the DCA but
the said employees shall not be required to retake the Senior DCA
assessment unless a new test instrument has been constructed.
8. Part-time DCA employees advancing to the Senior DCA Position
will serve an equivalent probationary period based on the number
the hours worked.
OHIO DEPARTMENT OF PUBLIC SAFETY
Disaster Relief Grants (DRG) Employees
The Ohio Department of Public Safety, Division of Ohio Emergency
Management Agency (Ohio EMA), utilizes federal and State funds to
hire disaster relief grants employees (DRG) to coordinate federal and
State funded relief programs following a disaster. The parties agree the
following shall apply to all DRG appointments.
1. DRG employees shall be members of the bargaining unit.
2. The Employer will notify the Union of all DRG hires and will
establish a starting and ending date of employment at the time of
appointment, which may be extended or reduced as determined by
the Employer with written notice to the employee and the Union.
The Employer will provide the Union with the reasons for the
extension and with a new ending date.
3. DRG employees are exempt from coverage under Article 18,
Layoffs. They shall serve a probationary period commensurate with
the pay range of the classification as defined in Article 6.01 (A) and
may be removed at any time due to lack of work at the discretion of
the Employer.
4. DRG employees shall not be used to avoid filling full-time or part-
time permanent vacancies as defined under Article 17. No DRG
employee can displace a full-time or part-time permanent employee.
When applying for a full-time or part-time permanent position
within the Ohio EMA, and if the DRG employee has successfully
completed the required probationary period and meets minimum
qualifications, the DRG employee will have precedence for
appointment over external applicants.
5. DRG employees may only be used to fill limited duration positions
funded by declared federal or State disaster relief programs and shall
be limited to use in the Ohio EMA.
6. DRG employees shall be entitled to all rights and benefits of the
Agreement except as amended herein.
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7. DRG employees shall not earn seniority credits. If a DRG
employee is selected to fill a full-time or part-time permanent Ohio
EMA position, seniority for time served as a DRG employee will
be credited upon successful completion of probation in the full-
time or part-time Ohio EMA position, provided there has been no
break in service.
8. DRG employees shall not have standing to grieve termination of
their employment due to lack of work or non-selection under Article
17.
9. DRG employees shall earn all forms of leave including prorated
accrual for part-time employees.
10. DRG employees shall be offered health insurance in accordance
with Article 20.
11. DRG employees shall not be eligible for disability benefits under
Article 35.
12. DRG employees shall be terminated prior to the layoff of any
permanent employee assigned to the Ohio EMA.
Ohio EMA Emergency Operations Center (EOC) Overtime and
Overtime Rosters
1. All parties recognize that when the EOC is activated, employees may
have to be pulled out of seniority order for overtime to staff positions
in the first 24 hours of the emergency. The first 24-hour staffing
positions will be limited to the positions requiring management
validation. The Employer will make every effort to equalize this
overtime and will use the rotating roster exclusively beginning no
later than 24 hours after the EOC has been activated.
2. EOC overtime will be considered different than regular overtime.
EOC overtime is defined as overtime accrued when the EOC is
activated. A separate overtime roster will be maintained by the
Employer for this purpose. This overtime roster will reset on
January 1 of each year.
3. All parties agree that EOC overtime will include both overtime
working during an EOC activation and for exercises.
4. Ohio EMA employees interested in working EOC overtime must
provide management a primary phone number at which they can be
reached when they are not in the workplace. In the event of an EOC
activation in which overtime opportunities exist, a notice will be
distributed to all Ohio EMA employees that outlines where they can
view available overtime opportunities and confirm their interest.
5. An employee who agrees to work overtime and then fails to report
for said overtime shall be credited unless extenuating circumstances
arose which prevented him/her from reporting.
6. The parties agree that being unable to accept an offer of EOC
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overtime due to another work assignment will not be considered a
“refusal” and will not be credited to that employee on the EOC
overtime roster.
7. After the first 24 hours of an EOC activation, overtime will first be
offered to bargaining unit employees assigned to Ohio EMA. If a
sufficient number of volunteers is not secured through Ohio EMA,
overtime opportunities will be extended to other trained employees
within the agency. All parties recognize that overtime worked by
non-Ohio EMA employees may not be equalized. Every effort will
be made to utilize trained OCSEA bargaining unit employees.
8. The Union will have the opportunity to review and discuss EOC
roles twice per calendar year.
Grievance Hearings or Other Meetings
Pursuant to the provisions of Articles 25.01 (F), Step Two grievance
hearings or other meetings, e.g., pre-disciplinary meetings, will be
conducted via teleconference, videoconference or polycom, unless
mutually agreed to otherwise. Stewards will be permitted to attend
meetings in person with employees where practical. Grievance hearings
involving employee termination will not be conducted in this manner
unless there is mutual agreement.
Lateral Transfer Agreement
As a result of a joint labor/management committee meeting, the
parties came together to discuss giving employees a transfer option to
vacancies prior to the position being posted. This will allow for a more
timely and efficient process, and the opportunity for bargaining unit
employees to transfer in accordance with seniority prior to the position
being posted and filled in accordance with Section 17.02. The parties
hereby agree to the following terms:
With respect to OCSEA classifications participating in this
agreement:
1. The following Department of Public Safety bargaining unit
classifications may participate in the agreement: Driver License
Examiners, Motor Carrier Enforcement Inspectors, Motor Vehicle
Inspectors, Stationary Load Limit Inspectors, Portable Load Limit
Inspectors, Motor Vehicle Investigator Associates, Motor Vehicle
Investigators, and Deputy Registrar Field Representatives.
Additionally, the Ohio State Highway Patrol Administrative
Professional 1 classification may participate in the agreement
exclusive to Administrative Professional 1 positions within the Ohio
State Highway Patrol.
2. Only lateral movement within the same classification of the vacancy
will be considered for a transfer (i.e. A Driver Examiner will be the
only classification considered for a Driver Examiner vacancy
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transfer, etc.).
3. Any employee serving a probationary period or trial period pursuant
to Article 6.01 will not be permitted to transfer.
With respect to the process
1. Employees of the classifications listed above will be expected to
keep their own transfer request(s) current in the Department’s
transfer management system. The Employer will not be responsible
for seeing that employee transfer requests are maintained or
updated.
2. Once Human Resources is made aware of a vacancy involving one
of the participating classifications via a posting request, a transfer
list of that classification from the Department’s transfer
management system will be generated. The most senior employee
within that classification who has requested a transfer will be
contacted by the Employer to ensure the transfer is still being
requested. If the transfer request is still active, the senior employee
will be transferred to the position and an effective date will be
determined. Once the transfer is approved, it may not be revoked.
3. Once it is determined the senior employee will transfer to the initial
requested vacancy, another vacancy transfer list will be generated
for the vacancy being created by the senior employee. The same
process will continue until no transfers remain. Movements under
this agreement are not grievable.
4. Once all transfers are filled, the final vacancy will be posted and
filled in accordance with Article 17 of the Collective Bargaining
Agreement.
PUBLIC UTILITIES COMMISSION OF OHIO
Application and Selection
The Public Utilities Commission of Ohio (PUCO) and the Ohio
Civil Service Employees Association (OCSEA) agree that in an attempt
to retain non-bargaining unit PUCO trained employees on the Agency’s
payroll, the PUCO will consider these applicants applying for positions
which require the duties for which they are PUCO trained.
Pursuant to Section 17.04, the aforementioned employees will be
considered after all permanent, bargaining unit employees employed by
the PUCO. These non-bargaining unit employees will be considered
along with the applicants in Grouping 5 (All other employees of the State
Inter-Agency Transfer). PUCO will notify the Chapter President or his
designee each time this situation occurs.
This agreement applies to the application and selection process only.
Performance Evaluations
Performance Evaluations will coincide with the Federal Fiscal Year
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FFY (October 1 - September 30) for the following field staff
classifications:
Class No.
Title
23161
Hazardous Materials Investigations Specialist 1
23162
Hazardous Materials Investigations Specialist 2
23121
Public Utilities Transportation Examiner
Performance Evaluations will coincide with the Calendar Year
(January 1 - December 31) for all other bargaining unit classifications.
All performance evaluations must be completed within forty five
(45) days of the close of the fiscal or calendar year.
Employee step dates or step movement if applicable shall not be
affected by this transition in the ePerformance system or the
implementation of the annual performance evaluation cycle.
Overtime
The following overtime distribution procedures will apply for the
Transportation Department and the Service Monitoring and Enforcement
Department, identified by specific job classifications.
Any field staff employee who normally performs the work and who
is classified as a Hazardous Material Investigation Specialist 2 (23162),
Hazardous Material Investigation Specialist 1 (23161), a Railroad
Inspector 1, 2, or 3 (23311, 23312, or 23313, respectively), a Gas
Pipeline Safety Compliance Investigator (23181) or a Utility Specialist
2 or 3 (66952, 66953) and who is not on approved leave will be
considered available for overtime. The type of overtime for field staff
covered by this agreement is outlined below by job classification and
type of work outlined below may not be all inclusive.
Job Classification
Type of Work
Hazardous Material Investigator
Specialist 2 (23162)
Hazmat Incident, CMV Crash
Incident or any emergency or
situation requiring immediate
attention as determined by the
PUCO.
Railroad Inspector 1, 2, or 3
(23311, 23312, 23313)
Any rail related emergency or
situation requiring immediate
attention as determined by the
PUCO.
Gas Pipeline Safety Compliance
Investigator (23181)
Any gas pipeline related
emergency or situation
requiring immediate attention
as determined by the PUCO.
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Job Classification
Type of Work
Utility Specialist 2 or 3 (66952,
66953)
Any gas pipeline related
emergency or situation
requiring immediate attention
as determined by the PUCO.
Overtime Chart will be offered first to the field staff employee who
normally performs the work and is classified as a Hazardous Materials
Investigation Specialist 2, a Gas Pipeline Safety Compliance
Investigator, a Railroad Inspector 1, 2, 3, or a Utility Specialist 2 or 3.
When determining which employee normally performs the work, PUCO
will take into consideration the FRA discipline needed based on the
situation (e.g. broken rail, false signal indication, Hazardous spill or leak,
etc.) and who resides nearest to the report-in location which is nearest to
the area of need calculated by air miles.
If the person or persons identified above is unavailable, the same
criteria will be used for subsequent calls, to the extent practicable.
Transportation Enforcement Division Inspectors
Routine Educational Outreach Overtime
Any field staff employee who normally performs the work and
classified as a Hazardous Material Investigator Specialist 1 (23161),
Hazardous Material Investigator Specialist 2 (23162) or PUCO
Transportation Examiner (23121) who is not on approved leave will be
considered available for overtime.
Job Classification
Type of Work
Hazardous Material Investigator
Specialist 1
(23161)
Educational outreach or any
situation or event requiring
attention as determined by the
PUCO related to the
enforcement of the FMCSR.
Hazardous Material Investigator
Specialist 2 (23162)
Educational outreach or any
situation or event requiring
attention as determined by the
PUCO related to the
enforcement of the FMCSR and
HMR.
PUCO Transportation Examiner
(23121)
Educational outreach or any
situation or event requiring
attention as determined by the
PUCO related to the
enforcement of the FMCSR.
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Transportation Division Inspectors - Overtime
Transportation Division Inspectors shall be canvassed quarterly as
to whether they would like to be offered overtime opportunities.
Employees failing to respond to the overtime canvass will not be
considered in the equitable distribution of overtime for that quarter.
Distribution of Overtime
Insofar as practicable, overtime shall be equitably distributed on a
rotating basis through the canvassing process. The State of Ohio shall be
divided into PUCO districts and insofar as practicable overtime
assignments will be equitably distributed among employees within each
district. This shall not apply to approved overtime which is specific to a
particular employee’s claim load or specialized work assignment or
when the employee is required to finish a work assignment.
Offering of Overtime
The overtime roster will be based on State seniority within the
PUCO designated districts, (the total OCSEA bargaining unit seniority
credits accrued since the last date of hire with the state, (except as
modified by Section 16.02). For subsequent periods, the employee’s
accumulated overtime from the current period shall be used to establish
the next period’s overtime roster within the designated districts. In the
event of a tie in the amount of accumulated overtime within the
designated district, the most senior employee will be placed ahead of the
least senior employee on the following period’s roster.
If, after having not been on the overtime roster for a quarter(s), an
employee desires to be added to the next quarter’s overtime roster, the
employee must indicate this desire during the next canvassing period.
The employee shall then be placed at the bottom of the next quarter’s
overtime roster with the accumulated overtime equal to the employee
currently on the roster with the highest amount of accumulated overtime.
Newly hired (probationary) employees are not eligible for overtime
assignments during their initial probationary period. Upon successful
completion of his/her probationary period, the employee shall contact
his/her immediate supervisor and inform supervisor of his/her desire to
be added to quarterly canvas roster. The employee will be placed at the
bottom of the overtime roster with the accumulated overtime equal to the
employee currently on the roster with the highest amount of accumulated
overtime.
All overtime posted to the overtime roster will be accumulated and
carried forward for four consecutive quarters (one calendar year). At the
completion of the fourth quarter, the accumulated overtime will be
purged.
All overtime offered under the rotating distribution provisions will
be credited to the employees in the following manner:
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1. An employee shall be credited with the amount of overtime
worked.
2. An employee who is offered but refuses an overtime assignment
shall be credited with the amount of the overtime assignment
(amount of actual overtime claimed by the employee working
the overtime event or the highest amount of overtime claimed
if several employees work the event).
3. An employee is offered and accepts an overtime assignment but
fails to report for the overtime assignment shall be credited with
double the overtime accepted unless extenuating circumstances
arose which prevented the employee from reporting. In such
cases, the employee shall be credited as if he/she had refused
the overtime assignment.
Those employees on approved leave shall not be credited with
overtime declined during their approved leave.
DEPARTMENT OF REHABILITATION AND CORRECTION
A. Hats and Ties
Hats and ties shall be considered optional parts of the standard
uniform for Correction Officers. The Department reserves the right
to require hats and ties when Correction Officers are representing
the department outside of the institution.
B. Pick-A-Post
The Union and the DR&C shall continue Pick-A-Post for
Correction Officers and Correction Counselors during the term of
this Agreement.
1. Effective with the ratification of the Collective Bargaining
Agreement, if necessary as determined by the Statewide
Oversight PAP Committee, all Pick-A-Post Agreements will be
reviewed to: a) insure that the agreements are within their
funded post allocations, b) that the pull and move posts are
removed, and c) they are within their relief ratio.
2. The relief ratios will be determined by the Regional Director,
after discussion with the Union. If needed this will be reviewed
annually.
3. Each local chapter will determine whether a re-canvass is
necessary.
4. No agreements shall be considered approved until approved by
the Statewide Pick-A-Post Committee. DR&C reserves the
right to approve and implement local PAP Agreements, as
deemed necessary for good management reason, for situations
as described in Section 1 above, or a change in the mission of
the institution. The Employer will implement the local PAP
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Agreement only after a good faith effort has been made to gain
approval from the Oversight Committee. If an agreement is
implemented in such a manner, the Union reserves the right to
file a grievance on the issue directly to Step Two under 25.02
of the grievance process. Management will then agree to
arbitrate the grievance through the NTA process, within 30 days
of the filing of the grievance.
5. The Pick-A-Post Oversight Committee shall be required to
meet monthly during the term of this Agreement unless
mutually agreed otherwise.
6. Management retains the right to deny a bid for good
management reasons after consultation with the affected
employee and the Union.
7. Any immediate threat to the health, safety and security of the
institution shall take priority over the Pick-A-Post Agreement.
Correction Officer Pick-A-Post
1. The respective Regional Director shall at least annually
supply each warden with a funding letter for each
institution indicating the following: a) the number of
authorized correction officer positions, b) total weekly
posts, and c) a relief factor designated for that prison’s
staff.
2. All Pick-A-Post Agreements negotiated at the local level
shall comply with the limits imposed by the funding letter
of the Regional Director.
3. All established non-utility posts under the agreements will
be filled, barring any unforeseen circumstances that affect
the daily operational needs of the institution or a change in
the mission of that Institution.
4. Utility posts” may be closed, even at the beginning of the
shift. The use of such post closures will be based on
operational need, when the need to fill posts would require
the Employer to utilize overtime on the shift. Local pick-
a-post committees shall generate, at the local level, the
preferred order of utility post closure.
All officers whose “utility post” is closed at the
beginning of shift shall select a post prior to roll call
pursuant to the system in place under the local PAP
agreement.
If any utility posts that are closed at the beginning of
shift are required to be opened during the shift, the
Employer will make a good faith effort to place the officer
whose utility post was closed back on his/her original post,
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provided the officer is reasonably available and on
grounds. If the closed utility post is opened during the shift
and the affected officer is reasonably available and on
grounds, but is not placed back in the post after a good faith
effort, the affected officer shall be paid time and a half for
all hours actually worked for the remainder of his/her
scheduled shift after the utility post is re-opened.
5. The issue of relief officers bidding shift assignments may
be included in local proposed Pick-A-Post Agreements,
subject to approval from the Pick-A-Post Oversight
Committee. No preexisting right to bid for relief officers
may be inferred from these discussions.
C. Inclement Weather Gear
DR&C agrees to provide a winter coat of sufficient warmth and
quality.
DR&C and the Union agree that the Local Health and Safety
Committees will determine the appropriate inclement weather gear,
in the event that the Local Committees cannot reach an agreement
on the appropriate gear for that institution, then the Agency Health
and Safety Committee will resolve the issue. The guidelines for the
Local Committees are as follows:
a. DR&C agrees to provide the following inclement weather gear,
to include but not limited to, cold weather gear, e.g., Carhartts,
rain gear, rain shoes, sweaters, knit caps.
b. DR&C and the Union agree that the need for inclement weather
gear will be based on the post or job duties of the uniformed
employee, and the physical structure, and location of the
institution.
c. DR&C agrees to allow the use of inclement weather gear that is
purchased by the employee with the proviso that restrictions
may be imposed on the nature and color of the inclement
weather gear. The personal inclement weather gear includes but
is not limited to, gloves, scarves, earmuffs, hooded sweatshirts
and long underwear.
D. Uniform Cleaning
All employees who are required to wear uniforms in DR&C
shall be eligible for a $200 annual cleaning allowance, provided,
however, the employees who receive this $200 annual cleaning
allowance are not also entitled to the allowance in Section 33.01.
The DR&C shall provide or pay for the dry cleaning of department
issued uniform items which are required to be dry cleaned to a
maximum of two (2) times per year.
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E. Vacation Allotments for Correction Officers
The Union and DR&C agree that all institutions will update
their vacation allotments at least on a yearly basis. Each November
the institution personnel office shall calculate the total number of
vacation days that the existing correction officer workforce will
accrue in the coming year.
• Add total number of days that CO workforce will accrue in the
upcoming year. A correction officer with less than one (1) year
of service will be eligible to use vacation at the completion of
the probationary period. This accrual should be figured in for
the officer in the upcoming year.
• The total number of vacation days to be accrued shall then be
made available for canvassing by the correction officers at the
annual canvass.
• The current vacation leave balances carried by the CO
workforce will not be added to the total days. Only those days,
which they will accrue in the upcoming year, will be added.
• The total number of vacation days to be accrued shall then be
made available for bid by the correction officers at the annual
canvass. The total number of days made available for the annual
canvass shall be evenly distributed throughout the calendar
year, and made available for bid to the correction officers on the
various shifts in proportion to their numbers. If in calculating
the number of vacation days available there is a remainder, then
the remainder will be multiplied by three hundred (300).
• Once the number of days to be earned is calculated, by shift, the
number should be divided by three hundred (300) for the first,
second, and third shifts.
• The divisor for special duty should be two hundred sixty (260)
as it is more reflective of the days special duty is scheduled.
However, in the case of Special Duty schedules that have a
percentage of posts that are not five (5) day operations, the
institution should agree to the distribution of Special Duty
based upon the three hundred (300) divisor as they have already
been taking into account the seven (7) day posts.
• The whole number is the number of vacation slots available per
day. Anytime the number of days accrued by the shift is less
than 300/260 respective of the shift that will be the total number
of days available to be distributed throughout the year.
• The whole number of days available shall be evenly distributed
throughout the year.
• There shall be no “rounding up” of the number to generate more
guaranteed/available slots per day.
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• For example:
Shift
Days
Accrued
Divided by 300,
except for SD.,
which shall be
divided by 260
Slots
per
day
Remainder to be
agreed upon for
distribution
1st
610.5
2.03
2
.03 x 300 = 9 addl.
slots
2nd
545
1.81
1
.81 x 300 = 243
addl. slots
3rd
312
1.04
1
.04 x 300 = 12
addl. slots
4th
263.5
1.01
1
.01x260 = 3 addl.
slots
The resulting number of additional days will be added to the
vacation slots available, and distributed as determined by the local
Labor/Management Committee. Each officer may bid on any
number of vacation days up to the total number of days he/she will
accrue during the coming calendar year. Officer bids may be for
individual days and/or for grouping of days. Members will have a
reasonable opportunity to look at a canvass book in a timely fashion,
but not to hold up the canvass process. Any available vacation days
not bid upon by the correction officers shall remain available on the
respective shifts for bid at a later time per Article 28. Per discussion
between the parties, an employee may choose to use vacation or
compensatory time to cover the request for time off, whether the slot
was selected via the annual vacation canvass or if the slot remained
available on a first come first serve basis.
If the managing officer or designee makes more slots available
for the annual canvass than guaranteed by the formula described
above, these extra slots shall not become a guarantee. Day-to-day
requests for vacation above and beyond the guaranteed slots will be
considered in accordance with Article 28.
F. CDL Testing
DR&C agrees to reimburse employees for the cost of obtaining
and maintaining a Commercial Drivers License (CDL). The
employees eligible for reimbursement are those whose assignments
are either transportation or their duties require the use of a CDL.
Reimbursement will be provided only while the employee remains
in the position requiring the CDL. If a post requiring a CDL is
vacated, and no employee with a CDL bids on the post, DR&C
reserves the right, through operational need, to assign an employee
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with a CDL to the post in seniority order. If there are no volunteers,
the least senior will be assigned to the post.
G. Overtime Policy
DR&C and the Union agree to continue the Statewide Overtime
Committee for the purpose of developing a mutually agreed to
overtime policy. For the purposes of the Statewide Overtime Policy,
equalization shall mean that all employees covered by this
Collective Bargaining Agreement who have elected to be eligible
for overtime during the canvass period have an equal opportunity to
sign on the appropriate rosters. In the event an eligible employee
covered by this Collective Bargaining Agreement is missed for an
overtime opportunity, the remedy shall be that the employee who
was missed shall be offered an opportunity to work the number of
hours missed at the employee’s choice of date and shift. The
opportunity shall be made as soon as the missed opportunity is
confirmed. Unless mutually agreed otherwise, the employee must
work the missed overtime opportunity within forty-five (45) days of
the confirmation of the missed opportunity.
A quarterly canvass, as provided for in Section 13.07, shall not
be required.
H. Correction Officer Promotions - Laterals - Demotions
1. The number of bargaining unit vacancies during the previous
calendar year shall be determined in the first week of January
of each year. Thirty percent (30%) of that number shall be
determined by rounding up, and that number plus thirty percent
(30%) of any new vacant positions added to the Table of
Organization, shall be used to determine the maximum number
of vacancies that the institution shall be required to accept by
lateral transfers during the ensuing year. DR&C shall consider
requests for lateral transfers before considering external
applications as per Section 17.05 until the maximum number of
vacancies required to be accepted is fulfilled. Management
reserves the right to exceed the thirty percent (30%) rule.
2. No later than January 15 of each year, the institution shall notify
the local Union and the Bureau of Personnel - Assessment and
Hiring Unit of the maximum numbers each institution shall be
required to accept by transfer.
3. Bargaining Unit employees who wish to apply for promotion to
the Correction Officer classification shall submit a completed
application to the Bureau of Personnel - Assessment and Hiring
Unit. Applications for promotion shall be accepted on a
continuous basis. Applicants for promotion will be considered
prior to lateral transfer in accordance with Article 17.
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4. Effective the pay period which includes January 1, and July 1,
DR&C will issue a Lateral Transfer Posting for Correction
Officers for each institution for a period of ten (10) days.
Employees wishing to transfer will submit a completed
application form to the Bureau of Personnel - Assessment and
Hiring Unit indicating the institution to which the employee
wishes to transfer. The employee shall complete a separate
application for each institution for which they want to be
considered.
The Bureau of Personnel - Assessment and Hiring Unit will
maintain a file for each institution with a copy of each
employee’s application. The applications will be sorted by State
seniority, in descending order. These applications shall be
considered active during the current six (6) month period, then
purged. Applications will only be considered for the six (6)
month period in which they were submitted.
5. Bargaining unit employees who wish to apply for demotion to
a Correction Officer position will be considered in accordance
with Article 17.
Applications will be submitted to the Bureau of Personnel
- Assessment and Hiring Unit during the Lateral Transfer
Posting period.
6. The Employer reserves the right to convert external interims to
full-time permanent correction officers after the thirty percent
(30%) lateral transfer threshold has been met.
7. Each institution authorized to fill positions will forward their
request to the Bureau of Personnel - Assessment and Hiring
Unit. Vacancies shall be filled by adhering to the order and
processes set forth in Article 17. All lateral transfers shall be
filled with the required thirty percent (30%) prior to hiring any
new employees.
8. In the event Correction Officers are displaced in accordance
with Article 18, the thirty percent (30%) cap on the maximum
number of vacancies that an institution shall be required to
accept by lateral transfers shall be lifted during four (4)
consecutive Lateral Transfer Posting periods that commence
immediately following the effective date of displacement.
OHIO DEPARTMENT OF TRANSPORTATION
A. 13.06 - Report-In Location
The report-in location(s) for the purpose of establishing start
time for ODOT field employees shall be the particular project to
which they are assigned or thirty (30) miles from the employee’s
329
residence, whichever is less, year-round. Field employees who
reside outside of the district to which they are assigned shall start
the above mileage figures at the district line.
Field employees for purposes of this Section will include
Project Inspectors, Highway Technician 3s and 4s and other
construction personnel assigned to construction projects who do not
have the district office as a normal report-in location.
HT 2s who are assigned to a construction project which is
farther from home than their normal report-in location, shall be
compensated for any additional travel time and/or mileage incurred.
This language supersedes all memoranda of understanding,
amendments, letters of intent, or any other mutually agreed to
provisions.
B. 13.07 - Overtime
Management has the sole and exclusive right to determine the
need for overtime.
Insofar as practicable, overtime opportunity hours shall be
equitably distributed on each overtime roster on a rotating basis by
seniority among those who normally perform the work as defined in
the classification specification and/or position description. Overtime
work which contains duties that are common to a classification
series shall be equitably distributed among those employees within
the appropriate series on that particular roster. In the event the
Employer has determined the need for overtime, and if a sufficient
number of employees is not secured through the above provisions,
the Employer shall have the right to require the least senior
employee(s) who normally performs the work to perform said
overtime. The overtime policy shall not apply to overtime work
which is specific to a particular employee’s classification and/or
position description or specialized work assignment or when the
incumbent is required to finish a work assignment.
Newly hired, promoted, demoted, or lateral transferred
employees under the provisions of Article 17 of this Agreement who
are qualified to perform the work shall be charged on the roster with
one (1) hour more than the highest amount on the appropriate roster
in their new work location.
Employees shall be placed on the appropriate overtime roster
by classification for that facility, work unit, or project. All Highway
Maintenance Workers, Highway Technicians, Project Inspectors,
Bridgeworkers and Routemarkers with CDLs will be automatically
placed on the appropriate overtime roster for snow and ice control.
Overtime opportunity hours shall be carried from project to project
and assignment to assignment. Overtime opportunities charged
330
while on temporary working assignment will be carried back to the
employee’s regular roster. Overtime worked as an auxiliary snow
and ice driver will not be carried back to the employee’s regular
roster.
The Employer has the sole and exclusive right to determine
overtime opportunities as needed. When the Employer determines
there is a need for unplanned overtime during non-snow and ice
operations, employees who have volunteered during a canvass,
pursuant with the below procedures, shall be offered these overtime
opportunities. The procedures contained in this section only apply
during non-snow and ice operations for maintenance overtime. This
procedure does not apply to overtime which results as the
continuation of a work assignment. The overtime canvass
procedures shall be administered as follows:
a. HTs assigned to maintenance and HTs assigned to construction
shall be canvassed by work unit twice a year. One canvass will
take place in March for the months of April, May, June and July
and one canvass will take place in July for the months of
August, September, October and November.
b. HTs assigned to maintenance and HTs assigned to construction
will be canvassed for the volunteer roster for unplanned
maintenance overtime opportunities. Employees can only
volunteer during the canvass.
c. Employees who volunteer during each canvass shall remain on
that canvas roster until the end of the four month period.
Employees shall be removed from the volunteer roster after
three total refusals during the four month period.
d. Employees on the volunteer roster shall be equalized. For
equitable distribution purposes, employees who do not
volunteer shall be considered as refusing all overtime
opportunities and shall be coded as refused and appropriate
number of hours will be credited.
If at any point during the calendar year, the Employer
determines the need for snow and ice operations, the overtime
procedures for snow and ice operations shall be utilized.
During snow and ice operations employees are expected to
work overtime. Consistent charged refusals to work overtime may
be grounds for discipline.
Snow and ice overtime opportunities shall be offered in the
following order:
a. All HTs, RM, BW, HMW & PIs (with CDLs) whose daily work
assignment is at a county facility as they have grievance rights
under Article 25;
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b. All HTs and PIs who are assigned to a construction project and
all non-county BW/RM/HMWs/HTs. They are called out by
overtime balance rotation, as they have grievance rights under
Article 25.
c. All other full time permanent bargaining unit employees
assigned to the county, followed by all other bargaining unit
employees in the district. Management is not required to
equalize overtime for snow and ice removal. These employees
do not have grievance rights under Article 25 however, if a
county employee in this subsection believes he/she was
improperly bypassed two (2) consecutive times, the employee
may file a complaint with supporting documentation to the
District Labor Relations Officer. If their complaint is
substantiated, the employee shall be placed at the top of their
list under this subsection c.
In Construction, every reasonable effort will be made to
equalize overtime opportunity hours. Construction assignments will
be based upon operational needs, proximity to project, and/or
employee qualifications/experience, and in consideration for the
equitable distribution of overtime. In Construction, Unit 7
employees will have preference for overtime assignments over non-
Unit 7 employees on the project to which they are assigned.
Construction overtime distribution by project for overtime
abutting the shift and for overtime less than four (4) hours not
abutting the shift shall be offered to those qualified by the Series
level in the following order:
a. HT2, HT3, HT4 & PIs;
b. Temporary Work Assignments.
Construction overtime distribution by project for overtime of
four (4) hours or more not abutting the shift (ten (10) mile rule) shall
be offered to those qualified by the series level in the following
order:
a. HT2, HT3, HT4 & PIs assigned to construction project where
overtime exists;
b. HT2, HT3, HT4 & PIs on construction projects where the
project office is within ten (10) miles of the project office where
the overtime exists;
c. Temporary Work Assignments assigned to the project where
the overtime exists.
Nothing in this Agreement is meant to modify the overtime
procedures as established in the Highway Technician Memorandum
of Understanding.
The OT roster will be generated through the electronic overtime
332
program by the facility or project supervisor daily or as needed. All
OT worked or refused will be entered into the electronic overtime
roster within five (5) business days. Employees on an overtime
roster shall provide a telephone number to their supervisor where
they may be contacted by their supervisor. The Agency shall
establish a phone log procedure to verify phone calls to employees
who are being contacted for overtime. In the event there is a dispute
as to an employee having been contacted, or which employee(s)
were contacted, the phone log will be used for verification. In
locations where there are computer verified phone systems, the
computer log may be used for verification.
The Agency agrees to post overtime rosters which shall be
provided to the facility steward, within a reasonable time, if so
requested. The rosters shall be updated as soon as feasible after each
overtime event, no later than each pay period in which any affected
employee had overtime offered.
The current overtime rosters shall be zeroed at the end of the
pay period which includes April 1, 2015. In February of 2016, the
parties will meet to discuss a pilot program for the continuation of
zeroing out overtime. An appropriate topic for this discussion may
include a method for the placement of new employees on the roster.
The following overtime roll-back process will remain in effect if the
parties do not reach an agreement on the above referenced pilot
project. Overtime rosters shall be rolled-back at the end of the pay
period which includes April 1 in order to diminish accumulated hour
totals. An employee within a classification series with the lowest
number of hours on a specific roster shall be reduced to zero (0) and
all other employees within that classification series on the same
roster shall be reduced that same amount of hours. In Construction,
overtime rollback will be district-wide for all Project Inspectors. The
rollback will occur at the end of the pay period which includes April
1.
An employee who is offered but refuses an overtime assignment
shall be credited on the roster with the amount of overtime refused.
An employee who agrees to work overtime and then fails to report
for said overtime shall be credited with the amount of overtime
offered, and shall be liable for discipline unless extenuating
circumstances arose which prevented him/her from reporting.
Any “no contact” with an employee shall be charged as
overtime refused on the overtime roster. Contact with an answering
machine or person other than the employee, without reply from the
employee while the need still exists, shall be considered as overtime
refusal.
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For equitable distribution purposes only, an employee on paid
leave (e.g., vacation, compensatory, personal, Workers’
Compensation, disability benefits, etc.) shall be considered as
refusing all overtime opportunities until their next scheduled shift
unless he/she has informed the supervisor as to his/her availability
prior to the departure for the leave. This type of refusal shall not be
included as refusals subject to discipline in the preceding paragraph
as long as the amount of leave is a minimum of eight (8) hours.
When employees are scheduled for at least two (2) hours of
overtime, arrive at the job site to perform such overtime, and the
work is cancelled due to inclement weather or contractor’s or
Employer’s decision, those employees scheduled to work are
entitled to two (2) hours of overtime that day.
Any dispute regarding overtime shall be raised in accordance
with the timelines established under Article 25 of this contract. The
timelines for filing a grievance begins the first day following the
posting of the overtime roster in which the alleged violation is first
shown. In the event an eligible employee is improperly bypassed in
accordance with the agency specific overtime guidelines, the
remedy shall be to offer the employee who was missed an
opportunity to work the number of hours missed on a mutually
agreed to date. The makeup shall be scheduled as soon as the missed
opportunity is confirmed. Unless mutually agreed otherwise, the
employee must work the missed overtime opportunity within forty-
five (45) days of the confirmation of the missed opportunity.
In October of each year, Management shall canvass employees
who do not normally perform snow and ice removal duties to
volunteer for overtime opportunities to do this work when regular
overtime rosters are exhausted. Those non-Highway Technicians
whose normal duties require the performance of snow and ice
removal at an ODOT Headquarters or Central Office will be
permitted to volunteer for an auxiliary (“c”) list. However, these
employees may be required to obtain supervisory approval prior to
accepting auxiliary snow and ice overtime work. Supervisors will
not unreasonably deny such requests, and such denials may be
appealed up through Step Two of the grievance procedure. These
employees shall be placed on auxiliary (“c”) rosters in counties to
where they volunteer.
By October 1 of each year, district Labor/Management
Committees shall formulate a plan for moving into and out of twelve
(12) hour shifts for snow and ice operations. Shifts in excess of
twelve (12) hours can be used to roll into and out of snow and ice
operations. If for any reason the parties are unable to resolve this
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issue at the district level, then the issue will be submitted to the
Statewide Labor/Management Committee for resolution.
This process in no way abrogates the Agency’s right to
formulate and implement such a plan in the absence of a joint
resolution. Employees shall not work in excess of sixteen (16)
consecutive hours unless prior approval is obtained from the
appropriate Deputy Director or designated administrator.
Snow and ice overtime call out procedure is an appropriate
subject for District Labor/Management Committees. If the parties
are unable to resolve this issue at the District level, the issue may be
submitted to the Statewide Labor/Management Committee for
resolution.
Employees who accept overtime following their regular shift
shall be granted a ten (10) minute rest period between the shift and
the overtime or as soon as operationally possible. In addition, the
Employer will make every reasonable effort to furnish a meal to
those employees who work four (4) or more hours of mandatory or
emergency overtime and cannot be released from their jobs to obtain
a meal.
In situations where shifts are utilized, the Employer and Union
may agree to alternative call-out procedures to work non-shift hours.
Five (5) calendar days’ notice will be given for county maintenance
shifts which exceed ten (10) working days and will be first filled by
canvassing qualified volunteers from that work unit’s regular roster
for the classification specified. If there are more volunteers than
shift positions, then State seniority shall be the determining factor.
If the need for volunteers still exists, the remaining shift positions
shall be filled by inverse seniority. This Section does not apply to
shifts formed in reaction to any short term operational needs.
Except as otherwise established by the Employer an employee’s
posted regular schedule shall not be established in such a manner to
require the Employer to pay overtime. An employee’s posted regular
schedule shall not be changed solely to avoid the payment of
overtime, unless notice requirements have been fulfilled pursuant to
13.07 of the main body of the contract.
C. 13.08 - Call-Back Pay
In ODOT, employees who are called back to work and do report
outside of their regularly scheduled shift for a time period that does
not abut their shift, who work two and one-half (2 1/2) hours or less
will be paid four (4) hours at the straight time rate and will be
credited on the appropriate overtime roster with two and one-half (2
1/2) hours overtime. Those employees who work more than two and
one-half (2 1/2) hours will be paid actual hours worked at the
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overtime rate of pay subject to the provisions of Article 13.10.
Should an employee work hours that qualify for the shift differential
rate as specified in Section Q of this Agreement, the shift differential
rate shall be included for the purpose of calculating call-back pay.
However, an employee called-in for snow and ice removal to
work for a time period abutting his/her shift will be paid a minimum
of one-half (1/2) hour at the overtime rate of pay. A consistent
refusal shall not be charged for anyone called less than one (1) hour
prior to his/her normal shift.
D. Temporary Working Assignments
When fluctuations in workload or weather conditions
necessitate the temporary transfer of employees, the Director of the
Ohio Department of Transportation or designee may temporarily
assign such personnel to duties other than those specified by their
classification. Seniority and qualifications shall be a factor in
determining which employees will be deemed available for
temporary working assignments.
Such assignments shall first be done through the solicitation of
volunteers in State seniority order among all qualified employees
released at that time for the temporary working assignments.
When an employee is temporarily transferred, the transfer will
be to a classification for which the employee possesses minimum
qualifications. An employee(s) shall suffer no loss of pay, benefits
or seniority as the result of a temporary transfer. Where such
temporary transfers will be to a higher paying classification, the
employee will receive the pay of the higher paying classification,
but not limited to four percent (4%) above his/her current step rate
of compensation.
An employee temporarily transferred by this Section shall be
notified in writing at least five (5) calendar days in advance of the
transfer.
Prior to the implementation of temporary working assignments,
a full list of classifications and job locations to which transferred
employees may be assigned and a copy of such shall be given to the
district steward.
Seniority shall be a factor in determining who first returns from
a temporary working assignment to a particular project or particular
county.
Employees assigned as field employees shall have the field
employee report-in location during the assignment. Employees who
volunteer for a position which is farther than their normal report-in
location shall not have their additional travel time counted as hours
worked. Employees who are required to accept assignments which
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are farther than their normal report-in location shall have their
additional travel time counted as hours worked.
The duties of a temporarily transferred employee(s) shall not
unduly alter the regularly scheduled assignments of permanently
assigned employees. Any employee who is on a temporary transfer
shall not be considered for an overtime assignment until all
appropriate permanently assigned employees have been asked to
work the overtime pursuant to this Agreement.
No employee temporarily transferred by this Section will be
transferred in excess of one thousand two hundred fifty (1,250)
hours within a twelve (12) month period, unless mutually agreed to
by the employee, district steward and the Agency Head or designee.
Unit 7 employees on temporary working assignments shall have
the right to request in writing to be assigned project work which
becomes available prior to the completion of the temporary working
assignment. In any event, Highway Maintenance Workers will not
be placed on temporary working construction assignments while
Project Inspectors are on temporary working Highway Maintenance
Worker assignments, unless the affected Project Inspector waives
the right to be assigned to the project.
Employees shall not be transferred under this Section to avoid
the filling of permanent vacancies pursuant to Article 17 of the
contract.
E. Step Two Grievance Meetings
Step Two grievance meetings will normally be held at the work
site of the grievant. If the meeting is held at the district headquarters,
the district steward will be permitted to participate in the meeting.
F. Tool Allowance
Auto Mechanics, Automotive Technicians and Auto Body
Repair Workers shall receive an annual tool allowance of $500
payable no later than the second pay period of April 2018. Upon
ratification, the Auto Mechanics, Automotive Technicians and Auto
Body Repair Workers shall receive an additional $150. In the second
pay period of April 2019 the Auto Mechanics, Automotive
Technicians and Auto Body Repair Workers shall receive $800. In
the second pay period of April 2020 the Auto Mechanics,
Automotive Technicians and Auto Body Repair Workers shall
receive $950 and in each year of the contract thereafter.
G. Uniform Allowance
Auto Mechanics, Automotive Technicians, Auto Body Repair
Workers, Machinists, and Welders who choose to wear uniforms
shall be provided a uniform allowance of $150 annually payable no
later than the second pay period in April, and each year of the
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contract thereafter.
H. 17.08 - Permanent Relocation
The contractual provisions of permanent relocation contained
in Section 17.08 do not apply to ODOT transfers within a county.
Prior to initiating a permanent relocation within a county, the LRO
shall meet with the district steward to discuss the rationale for such
relocation. If there is reason to believe that such transfers are made
for other than operational needs, the employee may file a grievance
directly at Step One and have grievance rights through Step Two.
I. Reserve as Placeholder for Future Language
J. Office of Aviation
1. Flight Crew Duty Day
Flight Crew Duty Day is calculated from report time to
one-half (1/2) hour after shutdown. Report time is normally one
(1) hour prior to takeoff. The time between 7:30 a.m. and the
report time will not count toward the crew duty day or overtime.
Flight Crew Duty Day will be calculated continuously from
report time with no scheduled lunch period. On RON missions,
Flight Crew Duty Day commences upon departure from the
point of lodging.
2. Daily Work Hours
Flight crews will work a minimum of eight (8) hours daily
on flight and/or ground duties. Management has the authority
to release flight crews from duty when missions are changed,
cancelled or completed at the end of the employee’s normal
working hours. Minimum daily guarantee of eight (8) hours will
apply if the duty day is less than eight (8) hours, and when
flights scheduled to report after 4:30 p.m. are cancelled. Non-
flying working hours shall be adjusted as necessary to ensure
office coverage on days when normal operations office
personnel are unavailable, not to go beyond normal office
hours. A late report time is authorized in order to complete the
previous day’s crew rest period as outlined in the flight
operations manual. Any time worked on Saturday, Sunday, or a
holiday will be compensated in accordance with the contract.
3. Professional Supplements
An employee in the Aircraft Maintenance Technician
classification prior to March 1, 2003 is eligible for a
professional achievement pay supplement, equal to five percent
(5%) of the employee’s classification salary base rate, upon
obtaining and maintaining an Inspection Authorization
Certificate (IA) provided such additional certification is used to
enhance the operational efficiency of the Office of Aviation.
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The supplements shall be added to the employee’s base
salary for all hours paid but shall not be used in the calculation
of overtime rate of pay. If an employee loses a qualifying rating
or certification he/she is no longer eligible for the supplement.
Employees are required to notify Management of any changes
in certification or rating status. In the event of a reclassification,
employees receiving a professional supplement will continue to
receive the supplement as long as eligibility requirements are
maintained.
4. Aircraft Maintenance Technician Tools
The classification listed above shall receive an annual tool
allowance of up to $650 for personal tools used for the
performance of work on State aircraft; provided however, the
amount will increase to $800 in the second year of the contract
and will increase to $950 in the third year of the contract. The
allowance is payable semi-annually upon submission of
receipts for tools purchased each contract year.
5. Operation of Aircraft by Chief Pilot
The Union recognizes that the Aviation Manager (Chief
Pilot) of the Flight Operations section of the Office of Aviation
must operate aircraft in order to maintain FAR currency in the
operation of aircraft, and conduct training and qualification
flights. The Chief Pilot shall be permitted to operate aircraft
when all available qualified flight crews have been assigned or
declined a mission on any given day, or as permitted by the
provisions of Article 1.05. The Employer agrees that the
operation of aircraft by the Chief Pilot shall not result in the loss
of an overtime opportunity for a flight crew member, except in
the case of operational need or where the assignment of an
overtime mission would violate the maximum crew duty day.
K. Highway Technicians
1. Posting HT 1, 2, 3, HTES within a District
When the Agency has determined the need to fill a vacancy for
any Highway Technician 1, the vacancy will be posted internally for
five (5) working days within a district. The posting will be placed
throughout the district at all open facilities, and a copy will be given
to the district steward. Only employees in the Highway Technician
1, 2, 3M, 3C/M or Highway Technician Equipment Specialist
(HTES) classification will be permitted to bid using this internal
process. All applications will use an agreed upon paper or electronic
form and shall be submitted to the appropriate personnel office on
or before the fifth posting day. An application can be withdrawn at
any time prior to the close of the posting period, which is 5:00 p.m.
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on the fifth working day. An employee on approved leave may file
a bid request prior to departure with personnel for any potential
internal postings that may occur during the period of the approved
leave.
The most senior Highway Technician within the district will be
notified of their selection and start date within three (3) working
days of the close of the posting. At the Agency’s discretion, this
process will repeat until there are no internal Highway Technicians
1, 2, 3M, 3C/M or HTES who bid internally. Employees who bid
internally and who are not selected may grieve the non-selection and
the grievance may be heard at non-traditional arbitration for
resolution. Any employee with an active suspension at the time of
the posting shall have no rights to grieve non-selection. After all
internal lateral postings under this process an HT 1 may be posted
pursuant to Article 17, however, HTs within the district cannot bid
on that vacancy posting.
2. Highway Technicians Cross-District Lateral Transfers
Highway Technicians bidding across district lines who are
successful applicants may only laterally transfer one (1) time per
rolling year from the effective date of the transfer.
3. Movement of Highway Technicians
All employees in the Highway Technician 1, Highway
Technician 2 and Highway Technician 3 classifications who are
qualified for a posted Highway Technician 1 vacancy, regardless of
their current level in the series, will be considered as lateral transfers
with the most senior bidder awarded the position. If the Highway
Technician 1 position is awarded to a Highway Technician 2 or
Highway Technician 3, there will be no change in pay or
classification to the successful bidder.
Employees in the Highway Technician 4, Pay Range 10
classification who bid on positions posted in the Highway
Technician 5, Pay Range 10 classification will be considered a
promotion for bidding purposes only, in accordance with Article 17.
If selected for the position, the personnel action will be processed as
a lateral class change (probationary period, wages, etc.).
4. Highway Technician Equipment Specialist (HTES)
OCSEA and ODOT agree to maintain a new classification
“Highway Technician Equipment Specialist” within the Highway
Technician series at Pay Range 07. This classification’s primary
duties will consist of operation of the most complex construction
equipment in special projects, snow and ice duties, and general
maintenance duties. There will be no construction experience
required for this position. There will be a limited number of these
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positions posted. The minimum qualifications will consist of
Highway Technician Level 1 courses, appropriate CDL, and
experience in operation of heavy construction equipment. The
minimum qualifications stated above are not intended to be all
inclusive.
L. Safety on Construction Projects
All ODOT employees not already in a safety sensitive pool
(CDL) regularly assigned to a construction worksite to physically
monitor, inspect, or oversee construction projects shall be subject to
random drug and alcohol testing in a safety sensitive position pool
pursuant to Appendix M. The procedures and protocols for testing
shall be the same as defined in Appendix M.
M. Probationary Period
All ODOT new hires will serve an initial one (1) year
probationary period.
New hires into the Highway Technician 1 classification, who
progress through the Highway Technician series, will continue to
serve the original specified length of probation, regardless of
movement within the series. Upon completion of the initial one (1)
year probationary period, employees who automatically progress
from a Highway Technician 1 to Highway Technician 2 and
employees who automatically progress from a Highway Technician
2 to a Highway Technician 3 will not serve a promotional
probationary period.
N. Education Seminars and Training
Employees shall be notified as soon as reasonably possible in
advance when they are required to attend training and/or seminars if
such training and/or seminars require an overnight stay.
O. Stand-By
An employee will be on stand-by and entitled to stand-by pay
if he/she is required by the Agency or supervisor in writing to be on
stand-by.
If the reason for stand-by is eliminated, Management may
cancel the stand-by with a telephone call direct to the employee
verifying the cancellation and the time canceled.
P. Reserve as Placeholder for Future Language
Q. Suspension/Disqualification of Operator’s or CDL Licenses
All employees who are required to maintain an Operator’s
license or CDL pursuant to this contract, their position description,
or classification specification are required to promptly notify the
Employer of any current or pending invalid status of their Operator
or CDL license. This includes, but is not limited to, the suspension,
revocation, forfeiture, or disqualification of their Operator’s or CDL
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license.
These employees who are not legally permitted to drive at work
for thirty (30) calendar days or less will be required to use accrued
vacation, personal, or compensatory leave, or will be placed on
leave without pay upon exhaustion of vacation, personal, or
compensatory leave. Employees will automatically receive a three
(3) day working (paper) suspension, and shall be required to enter
into a two (2) year Last Chance Agreement for same or similar
violations, without recourse to grieve.
These employees who are not legally permitted to drive at work
for more than thirty (30) calendar days up to one hundred twenty
(120) calendar days will be, at Management’s discretion, placed on
leave without pay or demoted to the first step of a classification for
which they are qualified if such a position is deemed available.
Employees will automatically receive a five (5) day working (paper)
suspension, and shall be required to enter into a three (3) year Last
Chance Agreement for same or similar violations, without recourse
to grieve. If these employees regain their ability to legally drive at
work in accordance with their original position description within
the one hundred twenty (120) day period, they will be returned to
their original classification and step at an available location within
their district.
All employees placed on extended leave without pay under this
Section will be responsible for both their share and the Employer’s
share of health insurance premiums should they choose to continue
health insurance coverage during the absence.
These employees who are not legally permitted to drive at work
for more than one hundred twenty (120) calendar days will be
permitted to resign, or will be terminated without recourse to grieve.
This Section does not cover employees serving an initial
probationary period. These employees serving an initial
probationary period will be terminated for any suspension,
revocation, or disqualification of their license.
R. Automotive Mechanic and Technician Committee
ODOT & OCSEA shall establish a committee to explore
training issues for the Auto Mechanics and Auto Technicians. The
purpose of the committee will be to identify areas affecting
Mechanics/ Technicians (e.g., computer hardware, software,
training, etc.), prioritize items, explore possible funding methods
and implement solutions. The committee’s goal is to explore
opportunities to improve efficiency while being cost effective, and
ultimately utilizing cost savings to provide needed training.
This committee shall be created within thirty (30) days after the
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effective date of this Agreement. The committee will be co-chaired
by a Union and Employer representative. The committee shall be
composed of at least one (1) person from each of the following
classifications/areas: Auto Mechanic, Auto Technician, County
Manager, District Equipment Manager, representative from the
office of Equipment Management, Office of Training, Labor
Relations representative, and OCSEA staff representative.
Additional members may be added at the discretion of the co-chairs.
S. Asbestos Abatement
The parties agree that the subject of asbestos abatement
inspection is an appropriate topic for the Statewide
Labor/Management or Health and Safety Committee.
T. HT External Certifications
The HT Academy Level 2 External Certification Aggregate
Level 2 will be required for test lab track employees only. Any HT
employee who currently possesses this certification can choose to
recertify. Fees associated with recertification will be paid in
accordance with the HT MOU.
U. Reclassifications
If the Employer has a need to reclassify an employee the request
will be submitted to the Union co-chair of the appropriate district
L/M Committee for consideration. It will then be reviewed at the
appropriate district Labor/Management Committee. If the Union
objects to the request at the district L/M Committee, the
reclassification will be moved to the Statewide Labor/Management
Committee. It is understood that the Union cannot grant final
approval of the request at either L/M Committee but must forward
for further review and a final determination by the authorized Union
designee.
V. Respirator Medical Evaluation Procedure
Employees allocated to HT 4 (except test lab track) in
accordance with HT MOU will be required to complete an online
respirator medical questionnaire within six (6) months of being
reclassified to HT 4.
The selected applicant for newly posted and filled HT 4
positions must obtain medical clearance for respirator usage prior to
being awarded the HT 4 position. HT 4 postings will contain a
statement requiring successful applicants to obtain medical
clearance for respirator usage.
HT 4s (except test lab track) will be required to complete the
online medical questionnaire at least every other year unless an
employee has had a change in their medical condition. There may
be other reasons employees will be tested more frequently, such as:
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if changes occur in the workplace conditions resulting in the profile
being updated, observations made during fit testing indicating
problems with breathing, etc. Employees with a change in their
medical condition must notify Management immediately and may
be required to complete an online medical questionnaire earlier than
expected.
HT 4s who are unable to obtain medical clearance for respirator
usage will be notified immediately, along with the district safety
consultant and central office safety.
If an employee is not medically cleared, the district safety
consultant will notify the district Union steward within three (3)
days of the date the employee was tested.
Employee will:
1. Receive a letter from the third party administrator informing
him/her of what additional information is needed to obtain
medical clearance for respirator usage.
2. Go to their family physician to obtain needed documentation,
testing, etc. as stated in the letter from the third party
administrator.
3. Employee or physician will send documentation, tests results,
etc. to the third party administrator.
4. The third party administrator will review information and
determine status on respirator usage.
The employee has ninety (90) days from the date tested to
obtain medical clearance for respirator usage. Failure to obtain
medical clearance within ninety (90) days will result in employee
being demoted to HT 3.
HT 4s assigned bridge painting inspection duties will be
required to pass a fit test administered by the district safety office
and a blood test for lead and zinc protoporphyrin prior to the start of
the assignment, middle of the assignment and the end of the
assignment.
W. ODOT MOUs
For the duration of this Agreement, the following MOUs and
agreements entered into prior to are incorporated into this Agency
Specific Agreement.
Guidelines for Discipline of Consistent Overtime Refusal
District Wide Positions
Transportation Civil Engineer
Special Assignments
CDLs and License Requirements
Parallel Series Agreement
Highway Technician MOU (Signed March 11, 2015)
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Boot Program
Test Lab Agreement
X. Supersession
This Agency supplemental agreement supersedes any
conflicting contractual language.
Y. Non-permanent Highway Technicians or Highway Maintenance
Workers
Non-permanent appointment category employees placed in the
Highway Technician or Highway Maintenance Worker series will
be covered by the OCSEA Collective Bargaining Agreement and as
such will pay Union dues or fair share fees. These employees will
be entitled to Union representation and contractual pay rates.
However, they are still deemed as non-permanent employees and as
such are not eligible for any contractual benefits received by
permanent employees (e.g., vision, dental, life, or health insurance,
holiday pay, leave accruals, UBT or UET contributions, etc.).
Such employees will be in the unclassified service, terminable
at will without recourse. They will have no rights under the Highway
Technician Memorandum of Understanding. They will pay into
PERS. Management has the right to determine their working
schedule, however, overtime work shall first be offered to
permanent employees who have a contractual right to said overtime
under the overtime provisions of the ODOT Agency Specific
Agreement before being offered to non-permanent employees.
Non-permanent employees have no bid rights under Article 17
to permanent positions posted at ODOT. In the event of a layoff in
the Highway Technician or Highway Maintenance series, non-
permanent employees in those series will be terminated before any
permanent employees are laid off.
The use of these non-permanent employees is limited to 1,000
hours in a fiscal year for both intermittent and seasonal employees.
The duration of interim positions is determined by Article 7 of the
OCSEA Agreement. Internal interim appointments to the Highway
Technician or Highway Maintenance Worker series are not covered
by any of these provisions.
DEPARTMENT OF VETERANS SERVICES
Scheduling
The parties agree to the continuation of the joint Labor/Management
Committee to examine and discuss alternative scheduling of Licensed
Practical Nurses and Hospital Aides.
Current scheduling practices (i.e., every other weekend off,
restricted use of vacation on weekends, and scheduling of intermittent
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employees) will remain in effect unless operational need prohibits their
continuation. In the event operational need requires the cancellation of
every other weekend off, the other scheduling practices listed above will
cease. New scheduling practices will be discussed with the Union.
Uniform Allowance
A uniform allowance of $140 per year will be granted to part-time
and full-time, permanent employees in the following classifications:
LPN, Hospital Aide, Food Service Worker, Food Service Coordinator,
and Cook 1. Payment will be made annually in September to all non-
probationary employees in the above classifications and upon
completion of any initial probationary period
Health and Safety
The parties agree to bring the issue of safety equipment to the first
meeting of the Agency’s Health and Safety Committee after the effective
date of this Agreement. At that meeting, the parties will discuss and
review the Occupational Safety and Health Administration (OSHA) and
Public Employees Risk Reduction Program (PERRP) guidelines
regarding personal protective equipment (PPE). The Committee shall
develop and present recommendations to the Director or his/her
designee.
Overtime
Unit 4 and Unit 5 employees may be mandated for overtime only
one (1) time per four (4) day period. Mandatory overtime shall be rotated
among employees who normally perform the work and are listed on the
seniority roster to perform the overtime. Furthermore, the Employer
agrees to maintain a back up roster for Unit 5 employees as specified in
the Unit 4 Agreement.
Employees volunteering for overtime will not be mandated again
within the next twenty-four (24) hours following the conclusion of their
overtime shift.
Employees mandated will be allowed a reasonable amount of time
to make arrangements to work the overtime (e.g., arrange child care,
cancel appointment).
Mandated employees may arrange for another employee to work the
mandated overtime in their place until the employee is able to assume
the mandatory overtime. Working for a mandated employee for less than
four (4) hours does not relieve an employee from future mandatory
overtime.
Medical Appointments
Employees with medical appointments scheduled three (3) days in
advance may be granted flextime to cover the missed time based on
operational needs. Employees working such flexed hours may be
assigned to work areas at Management’s discretion. Such hours will not
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be considered as a violation of Pick-A-Post (Section 13.02) or overtime
(Section 13.07). Employees will be required to present documentation of
absence. Flexed time will be permitted to be worked within the calendar
week.
Work Area Postings
Appendix N will be applied to Agency work areas. The parties agree
to change each posting period from ten (10) days to five (5) days. An
additional posting will be conducted as follows:
1) All day shift (0700-1530) vacancies for the classification of Nurse
Aide and LPN that result following the third stage of Pick-A-Post
will be canvassed by seniority among those employees in the
identified classification who are on 2nd (1500-2330) and 3rd (2300-
0730) shift. Upon selection by a 2nd or 3rd shift employee, the shift,
work area and schedule of the successful candidate will be posted as
a vacancy.
2) All fulltime vacancies, regardless of shift, that result following the
third stage of Pick-A-Post will be canvassed by seniority among all
part-time permanent employees. Upon selection by a part-time
permanent employee, the shift, work area and schedule of the
successful part-time employee will be posted as a vacancy.
OHIO BUREAU OF WORKERS’ COMPENSATION
A. 18.04 - Bumping in the Same Office, Institution or County
The affected employee may bump any less senior employee in
the same, similar or related class series within the same office,
institution or county (see Appendix I) provided that the affected
employee is qualified to perform the duties.
When an employee in a closed classification is displaced by a
more senior employee holding a same, similar, or related
classification (as defined by Appendix I, Bargaining Unit 9, Group
8), the closed class will automatically be reclassed as follows:
(33294) Closed. Workers’ Compensation Claims
Representative 4 will be reclassed to a (16722) Workers’
Compensation Claims Service Specialist at pay range 30.
(33293) Closed. Workers’ Compensation Claims
Representative 3 will be reclassed to a (16721) Workers’
Compensation Medical Claims Specialist at pay range 29.
(33292) Closed. Workers’ Compensation Claims
Representative 2 will be reclassed to a (64432) Customer Service
Assistant 2 at pay range 28.
(33411) Closed. BWC Customer Service Representative will be
reclassified to a (64451) BWC Customer Service Representative at
pay range 28.
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This language shall expire upon the departure/separation of the
last remaining BWC employee in the aforementioned closed
classifications.
B. Career Ladder and Workers’ Compensation Certification
Program
The Bureau of Workers’ Compensation (hereinafter the
Bureau), and OCSEA (hereinafter the Union) agree to evaluate
potential career ladders within the Bureau. The Personnel
Department will conduct thorough job analyses to determine
relevant experience, education and/or training required upon entry
to each affected higher level classification (i.e., the classification
into which an employee would progress). Job analyses will also be
conducted on the lower level classifications (i.e., the classification
from which an employee is progressing) to determine the extent to
which the required qualifications of the affected higher level
classification are developed in the lower level classification. The
Article 36.05 Committee shall be utilized to review the job analysis
findings and make any necessary amendments to the minimum
qualifications. The purpose of the committee will be to evaluate
agreed upon classifications within the Bureau and to establish career
ladder opportunities for Bureau employees in OCSEA. Both parties
acknowledge that career ladder reviews will not affect current Pay
Range assignments.
Employees may volunteer to participate in the Ohio Workers’
Compensation Certification Program. Completion of the various
levels of the program will result in the employee being considered
minimally qualified for the identified classifications; however,
selection for these classifications will be made pursuant to Article
17.
In accordance with the existing enrollment guidelines, requests
to participate in the Certification Program will be granted on a first
come/first served basis depending on available slots and operational
need. When simultaneous requests are made, seniority shall be the
determining factor, absent extenuating circumstances (i.e., work
backlog, active discipline, meeting program requirements). Denials
may be appealed to the Service Office Manager.
Additionally, the parties may discuss cross training initiatives
at the statewide Labor/Management Committee. Cross training may
include, but is not limited to, employer provided training, seminars,
and on-the-job training opportunities. Implementation of such cross
training initiatives shall not constitute a violation of Articles 17 or
19.
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C. Grievance Hearings or Other Meetings
Pursuant to the provisions of Article 25.01 (F), grievance
meetings and pre-disciplinary meetings will be conducted via
teleconference, videoconference or polycom, unless mutually
agreed to otherwise. Grievance hearings involving employee
termination will not be conducted in this manner unless there is
mutual agreement. Utilizing videoconferencing technology for
union representation may be considered with mutual agreement on
a case-by-case basis.
D. BWC Employees Headquartered in Fairfield & Franklin
County
All BWC employees headquartered in Fairfield and Franklin
County are considered headquartered in Franklin County for
purposes of Articles 17 and 18.
E. Project Initiatives
The parties agree to continue their efforts to examine work
processes in the pursuit of efficient work systems and a high
performance workplace.
Pursuant to Article 5, Management will identify the need to
evaluate work processes, establish work teams, develop
recommendations and implement work redesign based on the
following guidelines:
• Management will notify the Union of the decision to engage in
work redesign and/or mapping process initiatives prior to
implementation;
• Management is committed to the utilization of bargaining unit
members as subject matter experts (SME) for work groups
and/or pilot programs;
• Union will be given an opportunity to provide SME resources
for projects requiring participation by bargaining unit members;
• Both parties agree that the Labor/Management Committee is an
appropriate venue to discuss this subject matter.
F. Building Closures
The BWC and OCSEA recognize the need to provide services
on a continuing basis even when conditions may warrant the closing
or delayed start of a particular office or facility of the Bureau.
Therefore, when the Bureau closes an office or facility,
employees who cannot report to their normal report-in locations
may be required to report to an alternative site. In such instances
travel time and mileage shall be paid in accordance with Articles
13.06 and 32.
Each BWC Office/location has developed procedures for
reassigning staff in case of a closure. These procedures should meet
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the following parameters:
• Alternate report-in locations should be clearly identified for
each individual employee;
• Management will make a good faith effort to assign employees
to the travel alternative report-in location which requires the
least amount of travel;
• When an alternative report-in location can accommodate a
limited number of employees, assignment shall be made by
seniority;
• Employees shall not be required to report to an alternative
location if there are less than four (4) hours remaining in the
shift when an unforeseen emergency occurs;
• If Management does not provide instruction(s) for employees
to report to alternative sites, or if there are no alternative sites
available, employees will be granted administrative leave with
pay.
Further, we mutually agree that this is an appropriate subject for
Labor/Management Committees.
DEPARTMENT OF YOUTH SERVICES
Absence Management Initiative
The parties agree to mutually address the issue of absenteeism. The
parties are committed to reducing absenteeism for all staff through local
Labor/Management discussions. The local Labor/Management
discussions may include, but are not limited to, examining the causes of
absenteeism, and mutually agreeing to a plan for reducing absenteeism.
Driver’s License Suspension
The phrase “for positions assigned to transportation, perimeter,
transportation/relief, and special duty that transports” will be added after
the “valid driver’s license” requirement in the Juvenile Correction
Officer “minimum class qualifications for employment”.
JCOs bidding on transportation, perimeter, transportation/relief, and
special duty that transports will be required to certify they have a valid
driver’s license.
Transportation, perimeter, transportation/relief, and special duty
that transports must immediately report the loss or suspension of their
driver’s license to administration.
If the suspension is for sixty (60) days or less, the JCOs will follow
the Pick-A-Post language that defines what to do when there are no trips.
If the suspension is greater than sixty (60) days to permanent, the
JCO will be moved to a vacant post. If no vacancy exists, the officer will
be placed in first shift relief until either a post becomes vacant or the
officer successfully bids on another work opening.
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Health and Safety Committee
The statewide ODYS Health and Safety Committee (statewide
committee) shall meet at least once a quarter. The parties may mutually
agree to meet more or less frequently.
Inclement Weather Gear
The selection of appropriate inclement weather gear will be
recommended by the statewide committee:
1) The statewide committee may consider current inventory, current
vendor contracts, current line item budgeting, and the need for
inclement weather gear will be based on the post or job duties of the
JCO, and the physical structure, and location of the institution.
2) ODYS agrees:
A) ODYS agrees to continue providing a winter coat of sufficient
warmth and quality.
B) Items to be discussed include but are not limited to, Carhartts
and raingear.
C) ODYS agrees to allow the use of inclement weather gear that is
purchased by the employee with the provision that restrictions
may be imposed on the nature and color of the inclement
weather gear.
Incorporation of Statewide Agreements into Collective Bargaining
Agreement
The parties agree that all statewide agreements will be posted on the
ODYS Intranet by the Bureau of Employee Relations. ODYS and
OCSEA will review all newly enacted statewide agreements at each
quarterly scheduled Statewide Labor/Management meeting for potential
incorporation into the next Collective Bargaining Agreement.
Investigatory Interview Committee
Within sixty (60) days of ratification, the parties agree to form a
joint Labor/Management Committee to explore and define the
procedures and protocols to be used in an investigatory interview. The
joint Labor/Management Committee will issue a report by August 31,
2009. The Investigatory Interview Committee report will be
disseminated through joint training.
Local Agreement Execution
There shall be no local agreements, excluding grievance settlements,
without the signature of the OCSEA Operations Director with
responsibilities for ODYS, the staff assigned as co-chair of the Statewide
Labor/Management Committee and a ODYS central office manager.
Any local agreement executed without the required signatures will not
be considered valid. Any local agreement, not properly signed, will
cease to have effect once ODYS Central Office is made aware of the
local agreement. OCSEA agrees not to move any grievances past Step
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Two of the grievance procedure for allegations of violations of a local
agreement without the required signatures.
Managing Youth Resistance
The guidelines for the statewide committee regarding Managing
Youth Resistance are as follows:
1. In order to prevent injury to the youth or staff, prevent damage to
property, and preserve Institutional security the statewide committee
shall review, evaluate, and describe each institution’s best practices
regarding responses to verbal and physical resistance.
2. The site and academy managing youth resistance (MYR) trainers
shall be members of the statewide committee.
3. An annual report shall be issued summarizing the best practices, and
distributed to each institution, and OCSEA.
No Contact Posts
When an employee is placed on a no contact post, that employee
shall not take the post of another employee. The employee will be
considered an extra on the shift unless there are posts available following
roll call that can be considered “no contact posts”.
No Contact Procedures Committee
Within sixty (60) days of ratification, the parties agree to form a
joint Labor/Management Committee to explore and define the
procedures and protocols to be used in assigning an employee to a no
contact post. The joint Labor/Management Committee will issue a report
by December 31, 2009. The No Contact Procedures Committee report
will be disseminated through joint training.
Overtime
Voluntary Overtime
Specific overtime agreements negotiated locally shall include the
following parameters:
1. Management shall canvass voluntary overtime quarterly and purge
the voluntary overtime roster quarterly.
2. Distribute voluntary overtime based upon a combination of
cumulative hours of overtime charged and State seniority.
3. Any newly hired, promoted, demoted or transferred employee or
employee returning from a leave of absence (medical, paid or
unpaid) of more than fourteen (14) days is charged the highest hours
reflected on the current voluntary overtime roster.
4. Overtime shall not be offered to an employee on approved leave.
5. Only to prevent mandation, may local overtime agreements be
negotiated with regard to #4.
6. Newly hired JCOs are prohibited from working overtime for the first
sixty (60) days following their date of hire.
7. Overtime opportunity errors (including being left off the voluntary
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overtime roster) shall be rectified by offering the employee who was
missed the opportunity to work the number of hours missed at the
employee’s choice of date and shift provided there is an overtime
opportunity available, within forty-five (45) days of the missed
opportunity.
Mandatory Overtime
8. Mandated overtime shall track on a seven (7) day rotation. ODYS
will not count the day of mandation as the trigger for the seven (7)
day counting on mandatory overtime rotation. For example, if an
employee is mandated on Monday, he/she will not be eligible for
mandation again until the following Tuesday, with the exception
that the employee may still be mandated prior to Tuesday if the
roster has been exhausted.
9. If an employee volunteers for eight (8) hours of any type of overtime
within a seven (7) day mandatory overtime rotation, the time will
count as an eight (8) hour mandated shift. One (1) hour increments
may be added together to reach the needed eight (8) hours.
10. Management shall mandate the least senior person on duty for
overtime that has not been previously mandated in the cycle. Once
the roster is exhausted, the process is repeated. The least senior
employee on the day’s schedule, that has not been mandated in the
last seven (7) days, shall be mandated unless:
A) The employee has already worked sixteen (16) consecutive
hours.
B) The employee volunteered for eight (8) hours in the past seven
(7) days per #9.
C) The employee is already on an overtime shift.
D) The employee worked at least four (4) hours preceding the start
of his regular shift.
E) Unless a bona fide emergency exists, no employee will be
mandated to work more than sixteen (16) continuous hours. A
bona fide emergency shall be defined as a hostage situation,
fire, riot, or an act of nature that would prevent the release of
the mandated employee.
F) The employee has a previously scheduled medical appointment.
The employee must provide documentation of the medical
appointment to administration within three (3) days of the
employee’s return to work. If the employee does not provide
documentation within three (3) days, the employee shall be
subject to discipline for refusing mandatory overtime.
G) The employee is within his or her first sixty (60) days of hire.
11. If Operations cancels the mandation prior to the JCO working the
mandated hours, the hours do not count.
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12. Employees who are mandated in error (and work the mandated
hours) shall have the opportunity to be excused from the next cycle
of mandatory overtime. The employee will be given the choice on
whether to be excused or not. If the employee chooses not to be
excused, the employee does not get another chance to be excused
from mandatory overtime. The opportunity is lost.
13. Any mandated amount of time past the end of a shift counts as a
mandation.
Pick-A-Post Agreements
Work area openings will be posted and filled pursuant to Appendix
N of this Agreement; however, all ODYS work area openings will be
filled in accordance with State seniority.
Pick-A-Post Requirements
Each agreement will be formatted with the standardized language,
and templates agreed upon by the parties. The parties mutually agree to
the following:
1) The Pick-A-Post Agreement template will be utilized for all site
specific Pick-A-Post Agreements.
2) The Selection Sheet template will be utilized:
a. to compare Management and Union proposals
b. by JCOs who will not be in-person to make post selections
3) The Regular Shift Position template will be utilized to list the total
number of positions on a shift and to list the total number of JCOs
off each day.
4) The Special Duty template will be utilized to list the total number of
positions that are less than seven (7) day posts and to list the total
number of JCOs off each day.
Pick-A-Post Agreement Renegotiation Timelines
Pick-A-Post Agreements may, as determined by Management, be
renegotiated at each institution within one hundred eighty (180) days of
the signing of the new CBA between the State of Ohio and OCSEA.
Additionally, Pick-A-Posts may be re-opened/negotiated when an
institution changes its mission or by mutual agreement between
Management and the Union.
The parties may meet and mutually agree to change portions of local
Pick-A-Post Agreements without opening the entire Agreement.
Management agrees not to request the re-negotiation of a Pick-A-
Post Agreement as a result of a change in mission more often than once
every twelve (12) months.
Pick-A-Post Agreement Renegotiation Impasse Resolution
If impasse is declared and Management notifies the Union, thirty
(30) days later Management will implement the last proposal that was on
the table. The Union has the right to grieve directly at Step Two on the
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date of impasse. The grievance will be immediately moved to ADR. The
ADR will be held within fourteen (14) days of impasse. The parties will
each present their last best offer and the Arbitrator shall select between
them. The Arbitrator will issue a bench decision.
Statewide Pick-A-Post Committee
There shall be a Statewide Pick-A-Post Committee consisting of
three (3) Union and three (3) Employer representatives.
Committee Purpose and Agenda
The purpose of this committee is to provide, discuss, and revise the
standardized parameter language, and/or templates.
Recruitment and Retention Committee
The Recruitment and Retention Committee will be an independent
joint Labor/Management Committee. The Recruitment and Retention
Committee has the responsibility of fostering and assisting the
development of retention and recruitment initiatives.
Roll Call Pay
The roll call shall be fifteen (15) minutes in duration and the JCO
shall be paid for thirty (30) minutes. JCOs are required to be at their roll
call station (RCS) at least fifteen (15) minutes prior to the beginning of
their shift starting time to be eligible to receive the RCP. JCOs not at
their RCS as required shall be considered tardy for roll call and are
subject to the lateness policy of their institution, including progressive
discipline per Article 24 and ODYS Policy 103.17.
Roll Call Pay shall be paid as a part of the employee’s earnings for
that pay period and shall not be converted to compensatory time. Roll
Call Pay shall only be paid if the JCO stands for roll call. An employee
on leave, paid or unpaid, is not eligible for Roll Call Pay, and shall not
be charged leave for the Roll Call Pay while on approved leave. A JCO
in a temporary work level is not eligible for RCP.
Standing for Roll Call
A JCO will be considered as standing for roll call when the officer’s
schedule is changed due to mandatory training (e.g., in-service training,
MYR training) or requested/approved ODYS or DR&C training. A JCO
will not be considered as standing for roll call when the officer’s
schedule is changed due to a request/approval for voluntary training
outside of ODYS or DR&C.
A JCO will be considered as standing for roll call when the officer’s
schedule is changed due to a Labor/Management meeting (e.g., local and
State Labor/Management meetings, local and State subcommittee
meetings). A JCO will not be considered as standing for roll call when
the officer’s schedule is changed due to approved releases for Union-
only business.
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Statewide Labor/Management Committee Rules of Conduct
The Statewide Labor/Management Committee shall conduct
meetings with an agreed upon set of ground rules, boundaries, and
meeting order.
Uniforms
The guidelines for the statewide committee regarding uniforms are
as follows:
1) The statewide committee shall address the following:
A) The availability of uniforms in general
B) The availability of uniforms in other than average sizes
C) The delivery of uniforms
2) ODYS and the Union agree to abide by the provisions in Article 33.
Workplace Conflict Management
ODYS and the Union recognize the benefits of participating in
Dispute Resolution and Conflict Management. ODYS and the Union
agree to strongly encourage employees to utilize available resources to
resolve employee conflicts.
Community-Based Treatment Centers (CBTC)
The Ohio Department of Youth Services (ODYS) with the
assistance of the Division of Criminal Justice at the University of
Cincinnati (UC) has designed several Community-Based Treatment
Centers (CBTC). The impetus for developing these programs was
findings from the 2005 evaluation of the Ohio RECLAIM funded
programs indicating that moderate risk youth placed in an ODYS
institution recidivated at a substantially higher rate than similar youth
who were placed in the community. The vision of this initiative is to
create an alternative placement for moderate risk youth committed to
ODYS.
The purpose of this project is the development of regional sites so
that juveniles can be diverted from institutional placement and treated
where they live. This allows and requires significant emphasis on family
involvement and effective reentry and transition services.
Wanting the implementation of CBTCs to be successful, the parties
agree to the following:
CBTC Employee Selection
1. CBTC Juvenile Correction Officer (JCO) positions shall require
a valid driver’s license.
2. Part-time positions shall be permanent and shall be identified as
part-time in the vacancy posting.
3. ODYS may create a test or instrument for the CBTC JCO
position to measure the following criteria: qualifications,
experience, education, active disciplinary record. This test shall
be in addition to the usual JCO assessment process.
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4. All internal ODYS OCSEA candidates shall be considered for
selection. Under Article 17.04 - Applications, the division of
applications shall not apply. Under Article 17.05, the
requirement to select promotion first, then lateral transfers, and
then demotions shall not apply.
5. Once a candidate is selected, a notice shall be sent to all OCSEA
applicants indicating who was selected. Non-selected
applicants may file a non-selection grievance within seven (7)
calendar days of notification directly to Step Two of the
grievance procedure.
6. Prior to ODYS Article 17 Committee meeting, OCSEA Article
17 Committee will review the grievance to determine if the
grievance should move forward to the ODYS Article 17
Committee. The non-selection grievance shall be heard before
a ODYS Article 17 Committee made up of three (3)
Management representatives and three (3) Union
representatives (i.e., ODYS Assembly President, ODYS
OCSEA Staff Representative, OCSEA Central Office Staff
Member) within thirty (30) calendar days.
7. The OCSEA members of the ODYS Article 17 Committee shall
have the authority to withdraw the grievance. The Committee
also shall have the authority to settle the grievance. Should the
non-selection grievance not be withdrawn or settled, it will be
scheduled for an Article 17 NTA on the first available date by
all parties.
8. If the selected CBTC JCO candidate is an internal hire, he/she
shall serve an eight (8) month trial period.
9. If the selected CBTC JCO candidate is an initial hire, he/she
shall serve a one (1) year probationary period. For initial hires,
upon the completion of six (6) months service, a CBTC JCO
shall receive a step increase in accordance with the Collective
Bargaining Agreement.
10. The CBTC provider and ODYS shall decide if the employee
has successfully completed his/her trial period or probation.
The decision may not be grieved.
11. ODYS employees that transfer into a CBTC JCO position and
do not successfully complete their trial period shall be returned
to the facility from which they transferred. There shall be no
break in seniority for any employee who transfers back under
this provision. If their former shift and post are available, then
they will be placed in their former shift and post. If their former
shift and post are not available, they may select from the current
shift and post vacancies or be placed in relief on their former
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shift until such time as they bid on a new post.
CBTC Employee Scheduling
1. The CBTC provider shall assign schedules based on operational
and programmatic needs.
2. Schedules may include evening and weekend hours.
3. Appendix N shall not pertain to CBTCs.
CBTC Employee Performance Evaluation
1. The CBTC provider shall evaluate employees.
2. The CBTC provider shall use its performance evaluation form
or a form created by the University of Cincinnati.
3. There shall be no performance evaluation appeals.
4. CBTC JCOs shall not be denied a step increase because of an
overall unsatisfactory performance.
CBTC Employee Discipline
1. Employees shall follow CBTC provider work rules and
policies.
2. Employees shall follow CBTC provider discipline grid.
3. In addition to the employee, CBTC provider shall notify ODYS
and OCSEA Chapter President of any discipline. A grievance
may be filed in accordance with the Collective Bargaining
Agreement.
4. Only ODYS may terminate employment.
5. Should an employee transfer to a ODYS facility or region, any
discipline received at the CBTC will not be considered active.
CBTC Employee Grievances
1. The Agency’s designee for Step One of the grievance procedure
will be the CBTC provider’s designee.
2. Since the CBTC provider can perform the work of absent
employees, there shall be no grievances on supervisors
performing bargaining unit work or missed overtime
opportunities.
CBTC Employee Training
1. Employees shall be required to attend all University of
Cincinnati CBTC trainings.
2. Employees shall attend all CBTC provider trainings, including
therapeutic crisis trainings.
3. Initial hires shall not be required to attend ODYS basic pre-
service training.
4. Should an employee initially hired at a CBTC later transfer to a
ODYS facility, region, or Central Office, the employee shall
complete ODYS basic pre-service training.
5. Employees shall not be required to attend ODYS mandatory in-
service trainings.
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CBTC Employee Payroll
1. Employees shall be paid by ODYS.
2. CBTC provider shall approve leave requests.
3. CBTC provider shall not be obligated to grant personal leave
requests with forty-eight (48) hour notice.
4. There shall not be annual vacation requests unless CBTC
provider policy allows for them.
5. Employees shall be paid overtime for each hour over forty (40)
hours in an active pay status in any calendar week.
6. CBTC JCOs shall not follow the overtime parameters listed in
the ODYS agency specific language.
7. CBTC JCOs shall be considered weather-essential employees.
8. Employees shall follow CBTC provider holiday schedule.
ODYS will compensate the CBTC JCOs with the holiday pay
provided in the State of Ohio - OCSEA Collective Bargaining
Agreement regardless of the number of holidays the provider
pays for.
9. There shall be no roll call pay.
CBTC Employee Bumping
1. CBTCs shall be in their own geographic jurisdiction.
2. Should a CBTC close and another CBTC does not exist, 18.14
agreements shall be entered into, provided there are vacancies.
CBTC Employee Uniforms
1. Should the CBTC provider require a specific uniform, the
CBTC provider will furnish the uniform.
2. There shall not be one hundred twenty-five dollars ($125) per
year stipend for uniform cleaning and repair.
3. Employees shall follow CBTC provider dress code.
The parties agree that provisions of the OCSEA - State of Ohio
Collective Bargaining Agreement not specifically modified or exempted
by this agreement shall have full force and effect.
APPENDIX R - VOLUNTARY COST SAVINGS PROGRAM
Voluntary Cost Savings Program Plans shall offer employees any of
the following four (4) options.
A. Option #1 shall allow full-time employees the opportunity to reduce
their biweekly schedule by no less than eight (8) hours and no more
than forty (40) hours. Leave used under this plan will be considered
leave without pay and as inactive pay status. Employees
participating in this plan shall maintain their full-time status for the
purposes of leave accruals and health care premiums in accordance
with Article 20.05. Further, employees shall not incur a break in
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State service and seniority. Seniority and State service credit will be
based on eighty (80) hours per pay period. The maximum number
of hours available to be reduced by any employee is five hundred
twenty (520) in a fiscal year or a total of six (6) months, whichever
comes first.
B. Option #2 shall allow full-time, part-time and established term
employees the opportunity to take unpaid leaves of absence in
blocks of time no less than two (2) weeks and up to a maximum of
thirteen (13) weeks within a fiscal year. The Employer will continue
to pay its share of health insurance premiums during utilization of
this plan. Employees participating in this plan are responsible for
their share of health insurance premiums for all insurance programs
in which they are enrolled at the time of the leave. Leave used under
this plan will be considered leave without pay and as inactive pay
status. Employees will not incur a break in State service or seniority
as long as the employee returns to employment on or before the
indicated date.
C. Option #3 shall allow a full time or part-time employee the
opportunity to be credited with either forty (40) or eighty (80)
voluntary cost savings hours during the course of the fiscal year.
Employees participating in this plan will have each bi-weekly
paycheck reduced over the course of the fiscal year in an amount
that equates to either forty (40) or eighty (80) hours in total. An
employee is entitled to use all available voluntary cost savings hours
during the fiscal year, at times mutually agreed to between the
employee and the Employer. If an employee has been prevented
from using all of their voluntary cost savings hours, a reconciliation
will be conducted by the agency and the employee’s pay will be
credited for the hours not taken at the end of the fiscal year. If an
employee separates from state service during the fiscal year, the
employee shall receive payment for the amount of money that has
been deducted less the cost of the time used. If the employee used
more time than deducted, the employee’s final paycheck will be
adjusted to balance out the excess hours taken. Employees
participating in this plan shall maintain their appointment type, as
full-time or part-time, for the purposes of leave accruals and health
care premiums in accordance with Article 20.05. Further, employees
shall not incur a break in State service and seniority. Seniority and
State service credit will be based on eighty (80) hours per pay
period.
D. Option #4 - Other cost saving measures may be explored by Agency
Labor/Management Committees.
E. All employees (except project employees) who have completed their
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initial probationary period shall be eligible to participate in this
program.
F. Participation in this program is strictly voluntary.
G. Employees participating in this program shall not be eligible for
unemployment benefits.
H. Once a Voluntary Cost Savings Program schedule is approved by
the Employer, the employee must complete and sign a Voluntary
Cost Savings Agreement. A Voluntary Cost Savings Agreement can
be terminated by the Employer upon providing ten (10) working
days’ notice in writing to the employee. Such termination shall not
be grievable. The employee may terminate his/her Voluntary Cost
Savings Agreement upon ten (10) working days’ notice in writing
unless mutually agreed to otherwise.
I. The Employer has sole discretion to approve or deny an employee’s
Voluntary Cost Savings leave request. Denial of Voluntary Cost
Savings leave request shall be non-grievable.
J. Before the implementation of the Voluntary Cost Savings Program
the Agency Labor/Management Committee shall meet to discuss
questions and issues relating to the program. After implementation
of the Agreement, the parties through a Labor/Management
Committee will continue to monitor its application including
disputes and/or related problems on an ongoing basis. The Employer
may discontinue this program upon providing the Union with thirty
(30) days’ notice.
K. If an employee utilizes the Voluntary Cost Savings Program
contiguous to a holiday, the employee shall not forfeit their holiday
pay.
APPENDIX S - IT AGREEMENTS
This appendix reflects the IT language that becomes effective once
an agency has transitioned to the new IT classifications.
1. Article 17
The IT classification project has been a joint effort that has resulted
in a brand new model for classifications. The transition of the State of
Ohio IT workforce has begun and the parties agree that there remains the
potential for a pilot project to enhance and better the State IT workforce
through Article 17 selections. Therefore, the parties agree that under the
current Collective Bargaining Agreement, the parties may explore and
create, by mutual agreement, an Article 17 pilot project which will affect
the new IT classifications. Should such a project be created, a Letter of
Agreement, pursuant to Article 43.03 - Mid-Term Contractual Changes
will be required.
361
2. Article 18 - Layoff Procedure for New IT Classification Titles
Section I below replaces section 18.04 of the Agreement for the new
IT classification titles.
I. Bumping in the Same Office, Institution, or County
The affected employee may bump the least senior employee in an
equal or lower position in the same, similar, or related class series within
the same office, institution, or county (see Appendix I). Displacement
shall occur in the following manner:
A. Bump the person with the least state seniority in the same
classification title where the employee is minimally qualified in
the same primary technology as defined in their position
description.
B. Bump the person with the least state seniority in the same
classification title where the employee is minimally qualified,
as defined in their position description, in the least senior
person’s primary technology.
1. Employees in IT Consultant Architect series who are
unable to bump pursuant to (A) and (B) may then bump the
least senior person in IT classifications in a lateral pay
range where they possess minimum qualifications to
perform the primary technology/domain as defined in the
least senior person’s position description. If there are two
(2) or more technology/domains, the primary
technology/domain listed in the position description will
determine the classification series where the displaced
employee will exercise (C) - (D) as outlined below.
2. Employees in the Information Technology series who are
unable to bump pursuant to (A) and (B) may then bump the
least senior person in IT classifications in a lateral pay
range where they possess minimum qualifications to
perform the primary technology as defined in the least
senior person’s position description. If there are two (2) or
more technologies, the primary technology listed in the
position description will determine the classification where
the displaced employee shall bump.
C. Bump the person with the least state seniority in the next lower
classification title in the classification series from which they
were displaced where the employee is minimally qualified in
the same primary technology as defined in their position
description.
D. Bump the person with the least state seniority in the next lower
classification title in the classification series from which they
were displaced and are minimally qualified, as defined in their
362
position description, in the least senior person’s primary
technology.
E. If no bumping options are available in the same classification
series, affected employees can bump the least senior person in
the Information Technology series starting with a lateral
movement into the Information Technology series, then in
descending order.
II. Application of Other Article 18 Sections for New IT
Classifications Titles
A. Article 18.05 is incorporated as written except all 18.05
references to “bumping order in accordance with 18.04” shall
be conducted pursuant to the order outlined above in section (I).
Where 18.05 references bumping into vacancies, IT employees
shall bump into vacancies with the same classification where
minimally qualified in the vacancies’ primary technology.
B. All other Article 18 sections apply as written except for those
modified above in (I) and (II).
3. Position Description Agreement
The evolution and transition of the State of Ohio workforce into the
new Information Technology classifications has placed an
unprecedented level of importance on position descriptions. Position
descriptions will now be heavily relied upon to define the technologies
necessary to the position along with determining when employees
exercise various rights in the contract such as Articles 17 (promotions)
and 18 (bumping) within the IT sector. Therefore, a process has been
developed where bargaining unit members have a right to challenge
technologies listed in the position description.
The Employer shall continue to abide by Article 22 - Performance
Evaluations in the current collective bargaining agreement. During an
employee’s annual performance evaluation, the position descriptions
shall be discussed and/or updated as necessary. Position descriptions
shall also be updated on an ongoing basis where necessary.
It is the purpose of this Agreement to implement with the express
consent of all the parties the following IT position description review
process for all state agencies utilizing IT classifications:
1. All IT positions shall contain a primary technology which is
the technology the employee uses to accomplish the most
important duties of the position. This primary technology shall
be listed on the position description. The position description
may also contain one or more secondary technologies
necessary to accomplish the balance of the duties. Any
secondary technology must be required to accomplish the job
duties and used at least twenty percent (20%) of the time to be
363
listed on the position description.
2. If an employee believes the primary and/or secondary
technologies listed on his/her position description are
inaccurate, he/she shall discuss it with the supervisor. If the
Employer does not update the position description within ten
(10) working days as requested, the employee has the
opportunity to file a grievance. This grievance will be an issue
grievance and the grieved issue will be limited to technologies
within the position description. Duties within a position
description are not grievable. Nothing in this section abridges
any rights pursuant to Article 19.
3. The employee shall file the grievance in accordance with
Article 25. The grievance will proceed through Steps 1 through
2 of the grievance procedure.
4. If the grievance is denied at Step 2, the employee may appeal
the grievance to the Office of Collective Bargaining.
5. Once the grievance is received by the Office of Collective
Bargaining it will be scheduled for arbitration. The decision
by the Arbitrator shall be binding.
6. In the case where a position description has been changed
within thirty (30) days prior to the date of the announced layoff
pursuant to Ohio Revised Code 124.321, the previous position
description will be used to determine rights as applied in
Appendix S, Section 2. Employees cannot grieve their IT
position descriptions once a layoff has been announced
pursuant to the Ohio Revised Code 124.321 through the
effective date of the layoff.
APPENDIX T – FURLOUGH
Employees may be furloughed on a non-permanent basis, based on
a lack of funding from the federal government at the Employer’s
discretion. The Employer shall provide a statement of explanation to
Central Office OCSEA regarding a potential furlough and which
employees are expected to be subject to a furlough. The Employer may
update such statement and list of employees as needed.
A. Procedures
1. The Employer will make a general announcement using its
usual and customary means of agency-wide communications
approximately fourteen (14) days before such federal funds
may be interrupted. At least two days’ notice shall be provided
to any identified employee prior to a furlough, and when
practicable, a longer notice will be provided. The notice shall
364
indicate the date a furlough is to begin.
2. During a furlough, employees shall not report to work.
Employees will be notified by the Employer of the date that
they are expected to return to work. The Employer may extend
a furlough based on the duration of the lack of funding from the
federal government and shall promptly notify employees of any
changes to the return to work date. However, a furlough shall
not exceed four (4) weeks for any individual employee, except
as described in subsection (A)(4) below. Any employee who
does not return to work when notified, and is not on an
approved, scheduled leave, may be subject to disciplinary
action.
3. An employee on an unpaid leave of absence at the time of a
furlough shall remain on an unpaid leave of absence until the
expiration of the unpaid leave of absence. At the expiration of
the unpaid leave of absence, the employee may be immediately
subject to furlough. If the unpaid leave of absence is open-
ended, the employee shall remain on the unpaid leave of
absence at least until the end of a furlough.
4. If during or at the end of a furlough period, a layoff or
abolishment of positions is necessary, the Employer shall
follow the provisions of Article 18. During the notice period
for a layoff required by the collective bargaining agreement or
the Ohio Revised Code, the employee(s) shall remain on
furlough.
5. The Employer will make a good faith effort to first separate
those non-permanent employees who are in the same funding
stream and who perform similar work as permanent employees
potentially subject to furlough prior to furloughing any
permanent employee. The Employer will make a good faith
effort to consider seniority in the decision to furlough
permanent employees who are in the same funding stream and
who perform similar work.
B. Terms of Furlough
1. During a furlough, employees shall not receive compensation
from the Employer, except as provided by this Appendix.
2. During a furlough, the Employer will pay both the Employer’s
share and the employee’s share of health insurance premiums if
the employee is enrolled at the time of a furlough and continue
contributions to UBT and UET. Upon return to work, the
employee must repay the employee’s share of the health
insurance premiums. The employee shall be placed on a
repayment plan allowing for repayment in an amount not to
365
exceed $50.00 a pay period unless the employee agrees to a
greater amount. If an employee does not return to work from a
furlough, the employee must repay the employee’s share of the
health insurance premiums upon separation and such amount
may be deducted from the employee’s final paycheck.
3. Employees shall continue to accrue leave based upon the
employee’s established work hours while on furlough.
Employees shall not be eligible to use any accrued leave during
a furlough.
4. Employees shall continue to earn seniority and service credit
during a furlough, for purposes of vacation accruals and
longevity, as long as the employee returns to work.
5. Other than the compensation described in this Appendix,
employees on furlough shall not be eligible for any other
compensation under the collective bargaining agreement.
6. The Employer agrees not to contest a furloughed employee’s
application for unemployment benefits. Because the furlough
cannot exceed forty-five (45) calendar days as set forth herein,
the Employer agrees to take all necessary actions so employees
do not have to meet job search requirements in order to qualify
for unemployment benefits, including the requirement of
notification to the Ohio Department of Job and Family Services
within ten (10) days after the furlough if work is expected to be
available within forty-five (45) calendar days as set forth in
ORC 4141.29. The Employer’s compliance with this provision
does not guarantee an award of unemployment benefits.
7. The State will reimburse covered employees for loss of
federally funded wages while on furlough. In order for such
reimbursement to occur, the wages must be provided by the
Federal government and specifically designated by Congress
for wage reimbursement. Any reimbursement to employees
shall be offset by any unemployment benefits received or any
interim wages the employee received while on furlough.
C. Alternative Procedures
At the request of either party, the parties will meet to discuss in good
faith the use of the above furlough procedures for reasons other than
those contained in this article. The implementation of alternative
procedures under this section shall only be made between the parties
by mutual agreement in an LOA format.
i
Index
A
Access to Stewards ................................................................................ 4
Accidents (Duty to Report) .................................................................. 32
Accreditation ......................................................................... 30, 92, 167
Accreditation, Licensure or Certification Requirements.................... 167
Active Pay Status . 10, 39, 46, 80, 97, 124, 127, 133, 138, 146, 147, 149,
163, 165, 294, 295, 296, 298, 309, 310, 389
Adjutant General’s Department ......................................... 292, 294, 298
Administrative Leave .......................... 9, 105, 261, 326, 378, See Leaves
Administrative Services, Department of 64, 69, 77, 82, 98, 99, 101, 124,
149, 151, 153, 156, 157, 165, 166, 172, 259, 260, 298, See Agency
Specific Agreements
Adoption ............................................................................................ 136
Affirmative Action ........................................................................... 4, 53
Affirmative Duty ............................................................................... 171
Agency Committees ............................................................................. 19
Agency Specific Agreement
Natural Resources, Department of
Natural Resources Specialist (NRS) .......................................... 333
Transportation, Department of
Asbestos Abatement .................................................................. 370
Workers' Compensation, Bureau of ............................................... 375
Agency Specific Agreements ..................................................... 164, 292
Adjutant General's Department ...................................................... 292
28.02 - Maximum Accrual ......................................................... 295
30.02 A - Military Leave Addendum ......................................... 296
8.03 - Time off ........................................................................... 293
Article 1 - Erosion ..................................................................... 292
Article 11.20 - Health and Wellness .......................................... 293
Article 13.17 - Firefighter Work Hours and Overtime .............. 293
Article 26.01 - Observance ........................................................ 294
Article 27.02 - Personal Leave Accrual ..................................... 294
Article 27.06 - Conversion or Carry Forward of Personal Leave
Credit at Year’s End .............................................................. 294
Article 28.01 - Rate of Accrual .................................................. 295
Article 29.02 - Sick Leave Accrual ............................................ 295
Article 30.01 - Jury Duty ........................................................... 296
Article 30.02 - Military Leave ................................................... 296
Article 30.03 - Bereavement Leave ........................................... 297
ii
Article 33.01 - Uniforms ............................................................ 297
Article 37.02 - Union Education Trust....................................... 297
Article 8.01 - Agency Committees ............................................ 292
Overtime and Compensatory Time ............................................ 294
Posting of Work Schedules ........................................................ 294
Re-Opener .................................................................................. 298
Scheduling ................................................................................. 293
Shift Trades ................................................................................ 294
Work Week and Work Day........................................................ 293
Administrative Services, Department of ........................................ 298
Enhanced Skills Development ................................................... 299
Overtime Exclusion ................................................................... 298
Security Officer Canvass ........................................................... 298
Agriculture, Department of ............................................................ 299
Division of Meat Inspection....................................................... 299
Layoff and Bumping .................................................................. 299
Meat Inspector Temporary Alternate Work Locations .............. 302
Meat Inspector Travel ................................................................ 301
Commerce, Department of ............................................................. 303
17.05 - Selection ........................................................................ 303
All Division of Financial Institutions Field Staff, Attorneys, and
employees in the Office of Consumer Affairs ....................... 305
All Field Staff Assigned a State Vehicle ................................... 305
Canine Care ............................................................................... 305
Elevator Inspector Trainee (24140) ........................................... 303
Incentives ................................................................................... 305
SFM Fire Safety Inspectors, and SFM Fire Safety Educators ... 304
SFM Forensic Laboratory Positions and SFM Fire & Explosion
Investigation Bureau Investigators......................................... 304
Developmental Disabilities, Department of ................................... 305
Alternative Work Area Assignments ......................................... 305
Bidding Under Appendix N while on Probation ........................ 306
Calling Extra Hours/Overtime ................................................... 306
Extra Hours and Overtime ......................................................... 307
Filling Work Area Openings ...................................................... 306
Statewide Labor Management Subcommittee ........................... 307
Education, Department of
Active Pay Status Options for School Year Employees ............ 309
Holiday ...................................................................................... 310
Ohio School for the Deaf ........................................................... 307
Ohio State School for the Blind and the Ohio School for the Deaf
Youth Leader Work Schedule ................................................ 307
Veteran's Day ............................................................................. 310
iii
Environmental Protection Agency ................................................. 310
Employee Support ..................................................................... 311
Incentives ................................................................................... 311
Off-Hours Support ..................................................................... 311
Performance Evaluations ........................................................... 311
Training/Professional Development .......................................... 310
Workplace Conflict Management .............................................. 311
Health, Department of .................................................................... 312
Travel/ Payment ......................................................................... 312
Job and Family Services, Department of ....................................... 312
Additional Work Supplement Program...................................... 312
Competency Based Talent Management Systems ..................... 320
Established Term Appointments ................................................ 313
Established Term Appointments ................................................ 313
Franklin County ODJFS Security Officers Post Selection......... 316
Geographic Jurisdictions ............................................................ 320
Guidelines For Committees/Cost Of Meetings .......................... 320
Promotions & Lateral Movement to Customer Service
Representative (CSR) Positions in the Office of Unemployment
Insurance Operations ............................................................. 317
Teleworking ............................................................................... 318
Lottery Commission ...................................................................... 320
Mental Health, Department of ....................................................... 323
Absence Management Initiative Committee .............................. 332
Bumping .................................................................................... 324
Community Support Network (CSN) ........................................ 323
CSN Report-In/Work Location Closure and/or Local Weather
Emergency ............................................................................. 325
CSN Schedule Changes ............................................................. 325
Established-Term Appointments (ETA) .................................... 326
Evaluation Period ....................................................................... 324
Holiday Canvass ........................................................................ 331
Institutional Seniority ................................................................ 332
Mandatory Overtime .................................................................. 331
Mutual Understanding ............................................................... 324
Pre-Posted Overtime .................................................................. 331
Re-Entry from CSN ................................................................... 324
Team-Scheduling ....................................................................... 330
TPW Educational Supplement ................................................... 332
Transportation Reimbursement .................................................. 323
Vacation Canvass (Pic-A-Vac) .................................................. 331
Work Area Openings ................................................................. 330
iv
Work Area Overages/Permanent Reassignments in the Department
of Mental Health and Addiction Services .............................. 330
Natural Resources, Department of ................................................. 332
Dispatch Operations Center ....................................................... 337
Labor/Management Committee ................................................. 334
Mineral Resources Management (MRM) and Oil and Gas
Resources Management ......................................................... 334
Natural Resources Worker (NRW) ............................................ 333
ODNR - Headquarter County Change ....................................... 337
ODNR - Vehicle Commute Time .............................................. 337
ODNR Promotion - Increase in Appointment Type .................. 336
Professional Achievement Incentive Supplements .................... 335
Reports - NRS, Bargaining Unit Intermittent and Part-Time ..... 333
Opportunites for Ohioans with Disabilities
Pre-Development Unit ............................................................... 338
Opportunities for Ohioans with Disabilities .................................. 338
DCA Progression ....................................................................... 340
Relocation and Retention ........................................................... 339
Public Safety, Department of ......................................................... 341
Disaster Relief Grants (DRG) Employees ................................. 341
Grievance Hearings or Other Meetings ..................................... 343
Lateral Transfer Agreement ....................................................... 344
Ohio EMA Emergency Operations Center (EOC) Overtime and
Overtime Rosters ................................................................... 342
With respect to OCSEA classifications participating in this
agreement ............................................................................... 344
With respect to the process ........................................................ 344
Public Utilities Commission of Ohio ............................................. 345
Overtime .................................................................................... 346
Performance Evaluations ........................................................... 345
Rehabilitation and Correction, Department of ............................... 349
CDL Testing .............................................................................. 354
Correction Officer Promotions - Laterals - Demotions .............. 354
Hats and Ties ............................................................................. 349
Inclement Weather Gear ............................................................ 351
Overtime Policy ......................................................................... 354
Pick-A-Post ................................................................................ 349
Uniform Cleaning ...................................................................... 351
Vacation Allotments for Correction Officers ............................. 352
Transportation, Department of ....................................................... 356
17.08 - Permanent Relocation .................................................... 365
Automotive Mechanic and Technician Committee .................... 370
Call-Back Pay ............................................................................ 362
v
Education Seminars and Training .............................................. 368
Highway Technicians ................................................................ 366
HT External Certifications ......................................................... 370
MOUs ........................................................................................ 372
Non-permanent Highway Technicians or Highway Maintenance
Workers.................................................................................. 372
Office of Aviation ...................................................................... 365
Overtime .................................................................................... 356
Probationary Period ................................................................... 368
Reclassifications ........................................................................ 371
Report-In Location ..................................................................... 356
Respirator Medical Evaluation Procedure ................................. 371
Safety on Construction Projects ................................................. 368
Stand-By .................................................................................... 369
Step Two Grievance Meetings ................................................... 364
Supersession .............................................................................. 372
Suspension/Disqualification of Operator’s or CDL Licenses .... 369
Temporary Working Assignments ............................................. 363
Tool Allowance ......................................................................... 364
Uniform Allowance ................................................................... 365
Veterans Services, Department of .................................................. 373
Health and Safety ....................................................................... 374
Medical Appointments ............................................................... 374
Overtime .................................................................................... 374
Scheduling ................................................................................. 373
Uniform Allowance ................................................................... 374
Work Area Postings ................................................................... 375
Workers' Compensation, Bureau of
18.04 - Bumping in the Same Office, Institution or County ...... 375
Building Closures ...................................................................... 378
BWC Employees Headquartered in Fairfield & Franklin County
............................................................................................... 377
Career Ladder and Workers’ Compensation Certification Program
............................................................................................... 376
Grievance Hearings or Other Meetings ..................................... 377
Project Initiatives ....................................................................... 377
Youth Services, Department of ...................................................... 378
Absence Management Initiative ................................................ 379
Committee Purpose and Agenda ................................................ 384
Community-Based Treatment Centers (CBTC) ......................... 386
Driver’s License Suspension...................................................... 379
Health and Safety Committee .................................................... 379
Inclement Weather Gear ............................................................ 379
vi
Incorporation of Statewide Agreements into Collective Bargaining
Agreement .............................................................................. 380
Investigatory Interview Committee ........................................... 380
Local Agreement Execution ...................................................... 380
Managing Youth Resistance ...................................................... 380
Mandatory Overtime .................................................................. 382
No Contact Posts ........................................................................ 381
No Contact Procedures Committee ............................................ 381
Overtime .................................................................................... 381
Pick-A-Post Agreement Renegotiation Impasse Resolution ...... 384
Pick-A-Post Agreement Renegotiation Timelines ..................... 383
Pick-A-Post Agreements ............................................................ 383
Pick-A-Post Requirements ......................................................... 383
Recruitment and Retention Committee ...................................... 384
Roll Call Pay .............................................................................. 384
Standing for Roll Call ................................................................ 385
Statewide Labor/Management Committee Rules of Conduct .... 385
Statewide Pick-A-Post Committee ............................................ 384
Uniforms .................................................................................... 385
Voluntary Overtime ................................................................... 381
Workplace Conflict Management .............................................. 385
Agreement (Supersedes State Law) ................................................... 173
Agreement Rights .................................................................................. 4
Agriculture, Department of .... 184, 208, 232, 270, 300, 302, See Agency
Specific Agreements
Alcohol Abuse ................ 23, 91, 106, 107, 256, 257, 258, 260, 262, 368
Alternative Dispute Resolution .................... 66, 112, 161, 194, 225, 312
Americans with Disabilities Act of 1990 (ADA) ................................... 4
Appeal
Arbitration........................................................................................ 66
Performance Evaluation ................................................................. 100
Applications ...................... 51, 53, 63, 151, 164, 303, 321, 355, 367, 386
Promotion or Transfer ...................................................................... 51
Reinstatement .................................................................................. 70
Appointment Categories ...................................................................... 60
Arbitrability ....................................................................................... 113
Arbitration ......................................................................................... 113
Expedited Arbitration Procedure ................................................... 118
Non-Traditional Arbitration ........................................................... 118
Procedures...................................................................................... 113
Arbitration/Mediation Panels ............................................................. 114
Selection ........................................................................................ 115
Arbitrator
vii
Decision and Award....................................................................... 114
Expenses and Fees ......................................................................... 114
List of Arbitrators .......................................................................... 118
Asbestos ............................................................................................... 29
B
Bargaining Unit
Erosion ............................................................................................... 3
Integrity ............................................................................................. 3
Work .................................................................................................. 3
Benefits ................................................................................................ 68
Administrative Agreement ............................................................... 98
Benefits for State Employees ........................................................... 97
Changes Outside of Open Enrollment ............................................. 69
COBRA ........................................................................................... 72
Dental Plans ..................................................................................... 81
Eligibility ......................................................................................... 70
Health Care ...................................................................................... 68
Joint Health Care Committee (JHCC) ............................................. 72
Life Insurance .................................................................................. 98
Non-Bargaining Unit Coverages ...................................................... 98
Occupational Injury Leave ............................................................. 147
Open Enrollment .............................................................................. 68
Payments .......................................................................................... 98
Payroll Deduction ............................................................................ 98
Pharmacy ......................................................................................... 86
Union Benefits Trust ........................................................................ 96
Vision Plans ..................................................................................... 81
Voluntary Supplemental Benefit Plans ............................................ 96
Workers’ Compensation .................................................................. 52
Bereavement Leave ................................................... 135, 297, 314, 329
Bidding Rights ...................................................................... See Layoffs
Promotion ........................................................................................ 54
Budget and Management, Office of ................................................... 142
Bulletin Boards ...................................................................................... 7
Bumping Rights .............................................................. 61, See Layoffs
Burden of Proof ................................................................................. 102
C
Call-Back Pay ...................................................................................... 38
CDHP................................................................................................... 96
Checkoff .............................................................................................. 10
viii
Dues Deduction ............................................................................... 10
Indemnification ................................................................................ 12
Maintenance of Membership ........................................................... 12
Child Care
Dependent Care Spending Account Program .................................. 25
Expenses Reimbursement Program ................................................. 24
Childbirth ............................................................................... See Leaves
Civic Duty .............................................................................. See Leaves
Civil Rights Commission ............ 232, See Agency Specific Agreements
Classification and Pay Range Assignment......................................... 156
Classification Review .................................................................... 154
Classification Groupings...................................................................... 61
Classifications
Bargaining Unit 13..................................................... See Appendix G
Bargaining Unit 14..................................................... See Appendix H
Bargaining Unit 3 ...................................................... See Appendix A
Bargaining Unit 4 ...................................................... See Appendix B
Bargaining Unit 5 ...................................................... See Appendix C
Bargaining Unit 6 ...................................................... See Appendix D
Bargaining Unit 7 ...................................................... See Appendix E
Bargaining Unit 9 ....................................................... See Appendix F
Inclusion/Exclusion of Existing Classifications................................. 1
Inclusion/Exclusion of New Classifications ...................................... 2
COBRA ............................................................................................... 72
Commerce, Department of ................................................................. 303
Communicable Diseases ...................................................................... 27
Community-Based Treatment Centers (CBTC) ................................. 386
Compensatory Time . 18, 39, 40, 120, 121, 128, 133, 137, 146, 326, 353,
385, See Leaves
Availability ...................................................................................... 39
Continuing Education ........................................................................ 166
Copay ..................................................................... 78, 81, 84, 85, 87, 93
CPR (Cardiopulmonary Resuscitation) ................................................ 28
Cross-Agency Representation ................................................................ 6
D
Demonstrably Superior ................................................................ 53, 266
Demotion ............................................................................... 15, 50, 338
Defined ............................................................................................ 50
Dental Plans ................................................................... 81, See Benefits
Dependent Care Spending Account Program ...................................... 25
Disability Benefits
Disability Review .......................................................................... 151
ix
Information Dissemination ............................................................ 151
Insurance Providers and Third Party Administrators ..................... 151
Orientation ..................................................................................... 151
Program ......................................................................................... 149
Discharge Grievances ........................................................................ 109
Discipline ........................................................................................... 101
Burden of Proof ............................................................................. 102
Criminal Investigation/Charges ..................................................... 104
Drug Testing .................................................................................. 106
Imposition of Discipline ................................................................ 105
Investigatory Interview .................................................................. 103
Polygraph Stress Tests ................................................................... 106
Pre-Discipline ................................................................................ 104
Progressive Discipline ................................................................... 102
Standard/Just Cause ....................................................................... 102
Witnesses or Documents ................................................................ 104
Discrimination ....................................................................................... 3
Dislocated Worker Programs ............................................................... 44
Document Request ............................................................................. 117
Drug-Free Workplace Policy ........................................ See Appendix M
Blood Alcohol Level ...................................................................... 260
Disciplinary Action ........................................................................ 261
Drug-Testing Conditions ............................................................... 258
Employee Assistance Program ...................................................... 107
Federal Drug-Free Workplace Act of 1988 ................................... 256
General Provisions Applicable to All Testing ............................... 260
Notice of Drug-Related Convictions.............................................. 261
Random Testing ............................................................................. 259
Reasonable Suspicion .................................................................... 258
Rebuttable Presumption ................................................................. 258
Safety Sensitive Positions .............................................................. 262
Substance Abuse ............................................................................ 256
Testing Procedures and Guarantees ............................................... 259
Dues Deduction ................................................................................... 10
Duration of Agreement ...................................................................... 171
Contract Dispute ............................................................................ 173
Memorandum of Understanding .................................................... 173
Mid-Term Contractual Changes .................................................... 172
Renegotiations ............................................................................... 172
Duty to Report ..................................................................................... 32
E
Education, Department of ... 234, 307, See Agency Specific Agreements
x
Ohio State School for the Blind and Ohio School for the Deaf ..... 307
Electronic Funds Transfer .................................................................. 164
electronic grievance system 108, 109, 110, 111, 112, 116, 117, 119, 155
Emergency ........................................................................................... 41
Emergency Leave .......................................................... 328, See Leaves
Employee Assistance Program ................ 22, 85, 92, 107, 131, 256, 261
Advisory Committee ........................................................................ 22
Joint Promotion ................................................................................ 22
Participation ..................................................................................... 23
Steward Training ............................................................................. 23
Employee Training and Development
Dissolution of the Workforce Development Fund ......................... 164
In-Service Training ........................................................................ 166
Leave for Training ......................................................................... 166
Orientation Training ...................................................................... 166
Training Records ........................................................................... 167
Union Education Trust ................................................................... 165
Employer Prohibition ......................................................................... 171
Employment Security .......................................................................... 43
Environmental Protection Agency ....................................... 52, 310, 311
Equal Employment Opportunity ............................................................ 4
Erosion of Bargaining Unit .................................................................... 3
Essential Employees ............................................................................ 42
Exclusive Representation ....................................................................... 1
Expedited Arbitration Procedure ....................................................... 118
F
Fiduciary Positions ................................................................................ 2
Fines .................................................................................................. 103
First Aid ............................................................................................... 28
Flextime/Four Day Work Week .......................................................... 40
Float Position ....................................................................................... 36
Full-Time Employee ................................................ 24, 60, 79, 122, 127
Furlough......................................................................... See Appendix T
G
Geographic Jurisdictions................................................. See Appendix J
Grievance . 6, 7, 9, 14, 49, 53, 54, 65, 66, 67, 68, 70, 100, 101, 102, 103,
107, 108, 109, 111, 112, 113, 114, 116, 117, 118, 119, 155, 157, 160,
161, 170, 173, 249, 268, 312, 315, 340, 350, 361, 364, 365, 377, 380,
384, 387, 388
"Day," Defined............................................................................... 108
xi
Arbitrators/Mediators
Panel .......................................................................................... 115
Attendance ..................................................................................... 119
Grievance, Defined ........................................................................ 107
Group Grievance ............................................................................ 108
Meetings ........................................................................................ 108
Monetary Settlements .................................................................... 109
Non-Traditional Arbitration ........................................................... 118
Other Grievance Resolution Methods ............................................ 117
Procedure Committees ................................................................... 114
Process ........................................................................................... 107
Steps............................................................................................... 110
Suspension, Discharge and Other Advance-Step Grievances ........ 109
Time Limits ................................................................................... 116
Time Off, Meeting Space and Telephone Use ............................... 116
Withdrawn ..................................................................................... 116
Grievance Procedure
Copier ............................................................................................ 117
H
Health and Safety
Duty to Report ................................................................................. 32
Health and Safety Committee ..... 6, 26, 27, 29, 30, 31, 37, 45, 351, 370,
374, 379
Health Care .......................................................................................... 68
Administrative ................................................................................. 93
Allergy Injections ............................................................................ 84
Ambulance Service .......................................................................... 85
Balance Billing ................................................................................ 78
Benefits and Exclusions ................................................................... 81
Birth Control .................................................................................... 85
Cancer Clinical Trials ...................................................................... 85
Cervical Cancer Screening ............................................................... 83
Chiropractic Services ....................................................................... 84
COBRA ........................................................................................... 72
Coordination of Benefits .................................................................. 93
CoPay ............................................................................................... 76
Cost Sharing..................................................................................... 77
Customer Service ............................................................................. 93
Deductibles ...................................................................................... 77
Diabetes Supplies ............................................................................. 85
Diagnostic Laboratory Services ....................................................... 82
Diagnostic Radiological Services .................................................... 82
xii
Dietitian ........................................................................................... 84
Eligibility ......................................................................................... 70
Exclusions and Limitations .............................................................. 88
Health
Networks ...................................................................................... 76
Health Care Policy Analyst .............................................................. 75
Health Plan Characteristics .............................................................. 76
Mental Health/Substance Abuse .................................................. 91
Health Plan Selection and Contracting ............................................ 95
Hemodialysis ................................................................................... 85
Home Health Care Services ............................................................. 84
Hospice Services .............................................................................. 85
Hospital Ancillary Services ............................................................. 81
Hospital Benefits ............................................................................. 81
Immunizations ................................................................................. 83
Infertility Services ........................................................................... 82
Mammographies .............................................................................. 83
Medical Necessity and Preventive Services ..................................... 77
Mental Health Services .................................................................... 85
Necessary Treatments and Procedures ............................................. 82
Network Providers ........................................................................... 76
Occupational Therapy ...................................................................... 84
Open Enrollment .............................................................................. 68
Organ Transplants (Non-Experimental) ........................................... 84
Other than In-Patient Hospital Benefits ........................................... 82
Out-of-Pocket Maximum (OPM) ..................................................... 78
Physical Therapy ............................................................................. 84
Prenatal Outreach ............................................................................. 83
Prescription Drugs
Exclusions for Prescription Drug Programs ................................. 87
Mail Order Drug Program ............................................................ 87
Prosthetic Devices ........................................................................... 84
PSA Testing ..................................................................................... 83
Quality Standards ............................................................................. 92
Reporting Requirements .................................................................. 93
Routine Office Visits, House Calls and Consultations .................... 82
Routine Physical Examinations ....................................................... 82
Semi-Private Room .......................................................................... 81
Skilled Nursing Facility, Including Extended Care ......................... 84
Spending Account ............................................................................ 80
Substance Abuse .............................................................................. 91
Tubal Ligation ................................................................................. 85
Vasectomy ....................................................................................... 85
xiii
Well Child Care ............................................................................... 83
Wellness and Health Management ................................................... 94
Wellness Initiative ........................................................................... 94
Health Insurance ................................................................................ 144
High Deductible ................................................................................... 96
High Performance Work Systems ...................................................... 162
Holding Classes ................................................................................... 68
Holidays ............................................................................................. 120
Eligibility ....................................................................................... 121
Observance .................................................................................... 120
Pay ................................................................................................. 120
Religious ........................................................................................ 120
Work on Holidays .......................................................................... 121
Hostage Leave ............................................................... 144, See Leaves
I
Immediate Family ................................................................................ 57
Indemnification ............................................................................ 12, 170
Industrial Commission ........... 140, 145, 148, 195, 224, 279, See Agency
Specific Agreements
Injury, Duty to Report .......................................................................... 32
Interim Appointments .......................................................................... 16
Interim Positions .................................................................................. 16
Intermittent Employees ........................................................................ 17
Intermittent Positions ........................................................................... 17
Internal Interim Appointments to Non-Bargaining Unit Positions ...... 16
Interns .................................................................................................. 18
Investigatory Interview ...................................................................... 103
IT Agreements ................................................................ See Appendix S
J
Job Abolishment ............................................................ 49, 56, 316, 335
Job and Family Services, Department of ........ 236, See Agency Specific
Agreements
Additional Work Supplement Program.......................................... 312
Joint Commission on the Accreditation of Health Care Organizations
(JCAHCO) ....................................................................................... 30
Joint Health Care Committee (JHCC) ................................................. 72
Subcommittee Functions .................................................................. 73
Joint Statewide Employment Security Committee .............................. 43
Jury Duty ........................................................................................... 134
Just Cause ...................................................... 17, 46, 102, 256, 261, 324
xiv
K
KRONOS ........................................................................................... 175
L
Labor/Management Committee .... 4, 19, 20, 23, 40, 311, 361, 362, 378,
390
Agency Committees ......................................................................... 19
Committee Purpose and Agenda ...................................................... 19
Joint Information Technology (IT) Committee................................ 20
Relations .......................................................................................... 20
Time Off .......................................................................................... 20
Lateral Transfer ............................................................. 13, 14, 355, 356
Layoffs ................................................................................................. 57
Alternate Procedures ........................................................................ 64
Bidding Rights for Employees on Layoff ........................................ 62
Bumping in the Agency Geographic Jurisdiction ............................ 60
Bumping in the Same Office, Institution or County ........................ 59
Bumping Outside the Unit ............................................................... 61
Committee........................................................................................ 64
Geographic Divisions ...................................................................... 61
Guidelines ........................................................................................ 57
Implementation of Layoff Procedure ............................................... 58
Inter-Agency Merger ....................................................................... 64
Limits ............................................................................................... 61
Notice to Other Agencies ................................................................. 64
Paper Layoff .................................................................................... 58
Performance Evaluations ................................................................. 57
Placement ......................................................................................... 63
Previously Held Classifications (Five (5) Year Rule ....................... 60
Rationale .......................................................................................... 58
Recall ............................................................................................... 61
Reemployment ................................................................................. 63
Service Credits ................................................................................. 64
Leaves
Administrative Leave ......................................................................... 9
Adoption ........................................................................................ 136
Bereavement .................................................................................. 135
Childbirth ....................................................................................... 136
Civic Duty ...................................................................................... 136
Compensatory Time ......................................................................... 39
Availability .................................................................................. 39
Emergency ....................................................................................... 41
xv
Extended Illness ............................................................................. 140
Hostage Leave ............................................................................... 148
Industrial Commission Hearing ..................................................... 148
Jury Duty ....................................................................................... 134
Military .......................................................................................... 140
Military Leave ............................................................................... 135
Occupational Injury Leave ............................................................. 147
Personal
Accrual ....................................................................................... 122
Availability ................................................................................ 123
Charge of ................................................................................... 122
Conversion or Carry Forward .................................................... 123
Eligibility ................................................................................... 122
Notification and Approval of Use .............................................. 122
Prohibitions ................................................................................ 123
Transfer of Credit ...................................................................... 123
Pregnancy Leave ............................................................................ 139
Professional Meetings .................................................................... 136
Sick ................................................................................................ 126
Accrual ....................................................................................... 127
Availability ................................................................................ 134
Carry-Over and Conversion ....................................................... 131
Definition ................................................................................... 129
Leave Donation Program ........................................................... 132
Notification ................................................................................ 128
Pattern Abuse ............................................................................. 130
Physician’s Verification ............................................................. 130
Pilot Programs ........................................................................... 134
Policy ......................................................................................... 129
Union Leave................................................................................... 139
Unpaid Leave of Absence
Application ................................................................................ 141
Authorization ............................................................................. 141
Failure to Return from ............................................................... 141
Unpaid Leaves ............................................................................... 139
Vacation ......................................................................................... 123
Availability ................................................................................ 126
Disposition of Work During ...................................................... 126
Emergency ................................................................................. 125
Maximum Accrual ..................................................................... 124
Payment upon Separation .......................................................... 126
Procedure ................................................................................... 125
Rate of Accrual .......................................................................... 123
xvi
Voting ............................................................................................ 135
Witness Duty ................................................................................. 135
Life Insurance ................................................................ 98, See Benefits
Lockout (Prohibition) ........................................................................ 171
Longevity Pay .................................................................................... 163
Lottery Commission ........... 102, 321, See Agency Specific Agreements
Lounge Areas ....................................................................................... 33
M
Mail Service ........................................................................................... 7
Meal Periods ........................................................................................ 35
Medical Appointments ....................................................................... 374
Meeting Space ....................................................................................... 6
Mental Health, Department of ...... 33, 147, 246, 323, 324, 326, 330, See
Agency Specific Agreements
Military Leave ................................................................................... 132
Minimum Qualifications ...... 52, 54, 55, 56, 63, 303, 321, 338, 363, 368,
376
N
Natural Resources, Department of .................. 238, See Agency Specific
Agreements
Nepotism .............................................................................................. 57
Network Providers ............................................................. 77, 78, 79, 84
New Classifications ............................................................................... 2
No Pay Status ..................................................................................... 126
Non-Bargaining Unit Coverages.......................................... See Benefits
Non-Discrimination ............................................................................... 3
Non-Selection .................................................................................... 109
Non-Traditional Arbitration ............................................................... 118
O
OAKS ................................................................................................ 175
Occupational Injury Leave ................................................. 144, 147, 247
Administration of OIL Benefits ..................................................... 248
Appeal of the Denial of an OIL Claim ........................................... 249
Definitions ..................................................................................... 245
Disqualification .............................................................................. 250
Eligibility ....................................................................................... 246
Processing of the OIL Application ................................................ 247
Ohio Administrative Code ........................................................... 99, 174
Ohio Civil Rights Commission .................................. 194, 199, 225, 272
xvii
Ohio Employee Assistance Program See Employee Assistance Program
Ohio Revised Code ........................................ 2, 3, 4, 103, 170, 174, 304
Ohio School for the Deaf ........................................................... 309, 310
Ohio State School for the Blind ......................................... 308, 309, 310
Operations of Rules and Law ............................................................. 173
Orientation Training .......................................................................... 166
Overnight Stays ................................................................................. 141
Overtime 3, 6, 18, 35, 37, 38, 39, 40, 121, 122, 127, 130, 135, 163, 289,
290, 291, 292, 293, 294, 296, 298, 307, 308, 321, 327, 328, 331, 335,
350, 354, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 373,
374, 375, 381, 382, 383, 388, 389
Emergency Overtime ....................................................................... 38
Payment ........................................................................................... 39
P
Paper Layoff .................................................................................. 57, 58
Part-Time Employee ..... 1, 24, 25, 34, 71, 79, 80, 97, 138, 314, 316, 375
Patient Abuse ..................................................................................... 103
Payroll Errors ..................................................................................... 164
Performance Evaluation ....................................................................... 99
Appeals .......................................................................................... 100
Limits ............................................................................................... 99
Use ................................................................................................... 99
Permanent Relocation .......................................................................... 50
Permanent Transfer .............................................................................. 49
Personal Leave ..... 39, 103, 120, 122, 123, 126, 135, 136, 146, 249, 294,
297, 314, 388, See Leaves
Personal Property ................................................................................. 32
Personnel Actions .................................................................... 7, 48, 101
Personnel Files ................................................................................... 101
Review of ....................................................................................... 101
Personnel Records ............................................................................. 100
Employee Notification ................................................................... 101
Phone Use ............................................................................................ 33
Physical Exams .................................................................................... 31
Pick-A-Post ........... 15, 34, 49, 55, 56, 349, 350, 351, 375, 379, 383, 384
Placement ............................................................................................. 63
Polygraph Stress Tests ....................................................................... 106
Position Descriptions ........................................................................... 65
Right to Request .............................................................................. 65
Postings ...................................................... 265, 266, 306, 317, 367, 371
Pre-Disciplinary Meeting ................................................................... 104
Witnesses or Documents ................................................................ 104
xviii
Pregnancy Hazards .............................................................................. 30
Pre-Positioning (Prohibition Against) .................................................. 68
Pre-Retirement Programs ................................................................... 167
Probation
Period . 13, 14, 15, 16, 17, 47, 51, 52, 56, 62, 108, 133, 152, 153, 155,
262, 303, 304, 313, 318, 328, 332, 338, 340, 341, 368, 370, 387,
390
Probationary Employees .................................................................. 14
Production Standards ......................................................................... 100
Professional Meetings .................................................... 136, See Leaves
Proficiency Instruments/Assessments .................................................. 55
Promotions ......................................................................................... 153
Applications ..................................................................................... 51
Demonstrably Superior .................................................................. 265
Minimum Qualifications .................................................................. 51
Proficiency Instruments ................................................................... 55
Selection .......................................................................................... 52
Substance Abuse ............................................................................ 257
Substantially Equal .......................................................................... 53
Protective Clothing and Equipment ..................................................... 26
Public Employees Retirement System ............................................... 167
Public Safety, Department of .. 35, 41, See Agency Specific Agreements
Public Utilities Commission of Ohio ........ 52, 345, See Agency Specific
Agreements
Q
Quotas ................................................................................................ 100
R
Reassignments
Emergency ....................................................................................... 36
Temporary, within Institutions......................................................... 35
Recall ................................................................................................... 61
Reemployment ..................................................................................... 63
Regional Worker Adjustment Committees .......................................... 44
Rehabilitation and Correction, Department of 28, 41, 45, 106, 147, 153,
162, 174, 247, See Agency Specific Agreements
Release Time ........................................................... 6, 10, 167, 320, 335
Relief Positions .................................................................................... 36
Renegotiations ................................................................................... 172
Report Pay ........................................................................................... 38
Report-In Locations ............................................................................. 36
xix
Rest Periods ......................................................................................... 35
Roll Call Pay .............................................................................. 384, 385
Rules and Law, Operations of ............................................................ 173
S
School for the Deaf ............................................................................ 307
Seasonal Employees ............................................................................ 17
Selection .............................................................................................. 52
Seniority
Definitions ....................................................................................... 45
Exceptions........................................................................................ 46
Non-Bargaining Unit Service ...................................................... 46
Return from Disability Separation/Disability Retirement ............ 46
Overtime .......................................................................................... 37
Seniority Credit Tribunal ................................................................. 48
Seniority Rosters .............................................................................. 48
Ties .................................................................................................. 47
Service-Connected Injury and Illness
Health Insurance ............................................................................ 144
Hostage Leave ............................................................................... 148
Implementation .............................................................................. 148
Leave to Attend Industrial Commission Hearing ........................... 148
Occupational Injury Leave ............................................................. 147
Other Leave Usage to Supplement Workers’ Compensation ......... 146
Salary Continuation for Workers’ Compensation .......................... 145
Transitional Work Programs .......................................................... 147
Sexual Harassment ................................................................................. 3
Shift Rotation ....................................................................................... 41
Sick Leave ................................................39, 127, 128, 313, See Leaves
Split Shifts ........................................................................................... 41
Stand-By Pay ....................................................................... 40, 328, 369
State Employment Relations Board (SERB) ................................. 1, 250
State Personnel Board of Review (SPBR) ........................... 14, 108, 150
Statewide Seniority Credit Tribunal .................................................... 48
Strike (Prohibition) ............................................................................ 170
Sub-Contracting
Contracting Out ............................................................................. 168
Contracting-In ................................................................................ 169
Joint Sub-Contracting Pilots .......................................................... 170
Subpoena of Witnesses or Documents ............................................... 113
Substance Abuse .................................................... 91, 92, 256, 260, 262
Substantially Equal .............................................................................. 53
Successor ........................................................................................... 174
xx
Supervisory Intimidation ................................................................... 103
Suspension, Discharge and Other Advance-Step Grievances ............ 109
Swing Shifts ......................................................................................... 41
T
Table of Organization .................................................................. 54, 354
Telemediation .................................................................................... 109
Telephone Use ................................................................................... 116
Temporary Employees ......................................................................... 18
Temporary Positions ............................................................................ 16
Temporary Reassignments ................................................................... 35
Temporary Working Level ........................................ 16, 19, 46, 47, 312
Ten Percent (10%) Rule (Lateral Transfers within Institutions) .......... 54
Time Clocks ......................................................................................... 43
Tools .................................................................................................. 144
Toxic Substances ................................................................................. 28
Transfers .............................................................................................. 49
Definitions ....................................................................................... 49
Institutions - 10% Rule .................................................................... 54
Transitional Work Programs ................................................ 44, 147, 150
Transportation, Department of ............ See Agency Specific Agreements
Travel ................................................................................................. 141
Duty to Report ............................................................................... 143
Overnight Stays ............................................................................. 141
Payment ......................................................................................... 142
Personal Vehicle ............................................................................ 141
Reimbursement .............................................................................. 142
Travel Outside the United States ................................................... 142
Trial Period .......................................................................................... 52
Proficiency Instruments/Assessments .............................................. 55
Rehabilitation and Correction, Department of - 30% Rule ............. 54
U
Uniforms ............................................................................................ 143
Union Benefits Trust .......................................................... 71, 96, 97, 98
Union Education Trust ................................................................... 9, 165
Union Prohibition .............................................................................. 170
Union Rights .......................................................................................... 4
Access ................................................................................................ 4
Activities ............................................................................................ 6
Bulletin Boards .................................................................................. 6
Dues ................................................................................................. 10
xxi
Leave ................................................................................................. 8
Mail Service ....................................................................................... 7
Meeting Space ................................................................................... 6
Offices ............................................................................................. 10
Orientation ......................................................................................... 7
Representation ................................................................................... 5
Requests for Time Away from Job Duties for Union Work ............ 10
Stewards ............................................................................................. 5
Unpaid Leaves ............................................................... 139, See Leaves
Unsafe Conditions ............................................................................... 26
Duty to Report ................................................................................. 32
Failure or Refusal to Operate or Handle Unsafe Equipment ........... 26
V
Vacancies ....... 49, 51, 54, 58, 64, 65, 169, 303, 313, 321, 336, 354, 355,
356, 364, 375, 387, 389
Defined ............................................................................................ 49
Posting ............................................................................................. 51
Selection .......................................................................................... 52
Vacation ..... 14, 39, 42, 49, 103, 106, 120, 121, 123, 124, 125, 126, 128,
135, 136, 146, 148, 248, 249, 295, 297, 314, 326, 352, 353, 354, 360,
369, 373, 389, See Leaves
Vacation Leave Conversion ............................................................... 126
Vehicle Inspection ............................................................................... 32
Veterans Services, Department of ...33, 34, 122, 147, 174, 244, 247, 264
Video Display Terminals ..................................................................... 29
Vision Plans ................................................................... 81, See Benefits
Voluntary Cost Savings Program........................... 97, 98, 166, 389, 391
Voting ............................................................................ 135, See Leaves
W
Wages ................................................................................................ 152
Classifications and Pay Range Assignments.................................. 153
Definitions ..................................................................................... 152
Electronic Funds Transfer (EFT) ................................................... 164
General Wage Increase .................................................................. 152
High Performance Work Systems .................................................. 162
Longevity Pay ................................................................................ 163
Promotions ..................................................................................... 153
Roll Call Pay .................................................................................. 162
Shift Differential ............................................................................ 163
Step Movement .............................................................................. 152
xxii
Wash-Up Time..................................................................................... 40
Water and Restroom Facilities ............................................................. 32
Welfare to Work Initiative Participants ............................................... 18
Wellness Initiative ............................................................................... 94
Witness Duty ................................................................. 136, See Leaves
Witnesses and Documents ................................................................. 117
Work Areas .............................................. 28, 48, 55, 266, 267, 268, 375
Work Areas for Mental Health, Mental Retardation and Developmental
Disabilities, Department of Youth Services and Department of
Veterans Services
Defined .......................................................................................... 264
Filling Openings ............................................................................ 266
Integrity of ..................................................................................... 266
Relief Assignments ........................................................................ 267
Selection of .................................................................................... 265
Seniority Lists ................................................................................ 268
Specific Work Area Negotiations .................................................. 267
Work Rules .................................................................. 20, 125, 174, 388
Work Schedules ..................................................... 34, 35, 293, 294, 308
Work Week ...................................................... 33, 38, 41, 120, 293, 308
Workers’ Compensation .... 46, 52, 88, 97, 122, 127, 128, 132, 140, 144,
145, 146, 147, 148, 150, 189, 190, 198, 216, 217, 230, 246, 247, 248,
250, 259, 313, 360, 375, 376
Workers’ Compensation, Bureau of ....... 150, 376, See Agency Specific
Agreements
Working Alone .................................................................................... 29
Working Out of Classification ..................................................... 67, 161
Holding Classes ............................................................................... 68
Monetary Award .............................................................................. 66
Pre-Positioning (Prohibition Against) .............................................. 68
Reclassification ................................................................................ 66
Remedy ............................................................................................ 67
Step One - Filing the Grievance with the Agency Director or
Designee ...................................................................................... 65
Step Two - Appeal to Arbitration .................................................... 66
Workplace Violence ...................................................................... 27, 31
Y
Youth Services, Department of ..... 28, 45, 106, 122, 147, 153, 174, 247,
264, 268, 386, See Agency Specific Agreements
