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
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 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 will promptly notify the Union of its decision to establish all new
classifications. 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 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 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 xxxxxxx takes time away from his/her job duties to administer the
Agreement, the xxxxxxx must inform his/her supervisor or designee of the approximate
duration of time the xxxxxxx expects to be away from his/her job duties and, if the xxxxxxx
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 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 xxxxxxx assuming any duties.
It is understood that the release of stewards is for contract administration purposes. 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 xxxxxxx 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.
3.04 - Meeting Space
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, 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 (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 fair share 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 DR&C Assembly
DYS Assembly Executive Board Meeting Fair Share Committee MH/DD/VS Assembly
Negotiations Team Election Meeting OCSEA/AFSCME Biennial Convention OCSEA Board Election Count
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)
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 Step Five 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.
additional officer, designated by the President, may also be released and placed on full-time
administrative leave with pay.
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
Off Away from Job Duties for Union Work
Each Agency may require that a
All requests for any form of time off away from work
job duties pursuant to this Article
must be made by completing a form or log provided by the
Agency Employer. No employee will be granted any time off 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
leave commences, and upon returning, the time the employee returns to the
e mployee’s job dutiesshall enter the return time. 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
Union lea ve request procedure with their supervisor. In the absence of a
mutually agreed to form, the employee shall use State leave forms.
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 individual authorization from any bargaining unit employee on a form mutually agreed to by the Union and the Employer.
The Employer will also deduct biweekly voluntary contributions to the Union’s political action committee (PEOPLE) upon receipt of a voluntary written individual authorization from any bargaining unit employee on a form mutually agreed to by the Union and 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 - Fair Share Fee
Any bargaining unit employee who has served an initial sixty (60) days and who has not submitted a voluntary membership dues deduction authorization form to the Employer shall, tender to the Union a representation service fee beginning in the pay period that includes the 61st day. The amount shall not exceed the dues paid by similarly situated members of the employee organization who are in the bargaining unit. The Union shall continue to provide an internal rebate procedure which provides for a rebate of expenditures in support of partisan politics or
ideological causes not germane to the work of employee organizations in the realm of collective bargaining.
When an employee enters the bargaining unit for any reason, the Employer shall notify the employee of this Article and provide the employee the appropriate deduction forms. Fair share fee deductions shall begin after sixty (60) days of service. The Employer shall tender to the Union a representation service fee beginning in the pay period that includes the 61st day.
4.03 - Maintenance of Membership
All employees in the bargaining units who, on the effective date of this Agreement, are members of the Union and all employees who thereafter become members shall, as a condition of employment, remain members of the Union for the duration of this Agreement. Employees who wish to terminate their membership may do so by providing written notice to the Union at its principal offices during a thirty (30) day period commencing sixty (60) days prior to the expiration date of this Agreement.
4.04 - Religious Accommodation Pursuant to Title VII
An employee may file notice with the Union, at its Central Office, challenging the deduction of dues or fair share fees on the basis of bona fide, sincerely held religious beliefs under Title VII. The notice must contain a current mailing address and the social security number of the employee. Upon receipt of said notice, the Union shall notify the Office of Collective Bargaining (OCB) in writing, that the dues or fair share fees of the employee are to be withheld, but not remitted to the Union, until further notice. The Union shall forward an “Application for Religious Exemption” to the employee for completion.
The application shall be reviewed for approval within sixty (60) days of receipt. Should the parties be unable, within this time period, to resolve this matter by either a written agreement
or withdrawal of the application, the matter shall be set for arbitration. Similarly situated applications may be scheduled for arbitration collectively. The employee(s) and the Union shall mutually agree upon an arbitrator, and except as may otherwise be agreed upon, in writing, between the employee and the Union, the arbitration shall be conducted in accordance with this Agreement. If the parties cannot agree to an arbitrator, then they shall secure a list of seven (7) arbitrators from the Federal Mediation Conciliation Services (FMCS) and use the alternative strike method to determine the arbitrator. The expense of the arbitration shall be borne by the Union.
The arbitrator shall analyze the claim in accordance with the standards of Title VII and all applicable case law. If the arbitrator determines that the employee is entitled to relief under Title VII, the arbitrator shall direct that the appropriate portion of the dues or fair share fee attributable to the employee be directed to a charitable organization mutually agreed upon between the employee and the Union. If the arbitrator determines that the employee is not entitled to relief under Title VII, then the application shall be dismissed. Any accommodation shall comply with Title VII. The Union shall forward a copy of the arbitration decision to OCB in order to direct the payment of funds that have been withheld but not remitted to the Union, and any future dues or fair share fees of the affected employee in compliance with the decision and this Section.
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 fair share 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) 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 after May 15, 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,
and the Youth Leader
classification in the Schools for the Blind and Deaf, Correction Officer, and Juvenile
Correctional Officer classifications shall have a probationary period of
twelve (12) months
three hundred sixty five (365) days from the effective date of
hire, lateral transfer or
promotion or lateral transfer to a different classification.
Agency specific agreements in Appendix Q that conflict shall no longer have any force
and effect (This language is temporary and shall be deleted during housekeeping, prior
to printing the contract).
Probationary periods for Correction Officers (CO) and Juvenile Correctional Officers
(JCO) shall be for a period of three hundred sixty-five (365) days. 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 and Juvenile Correctional Officer 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 probationary period for all other employees of the Department of Rehabilitation and
Correction and Department of Youth Services shall be one hundred eighty (180) days. The
probationary period will commence when the employee completes the initial period of
training at the Correction Training Academy or the Department of Youth Services Training
Academy. Periods worked by such employees prior to attending such training shall be
credited toward the probationary period. Employees who are laterally transferred or
promoted shall begin their probationary period on the effective date of the lateral transfer or
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.
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 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
regular promotional probationary period for the classification,. dDuring 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.
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
regular promotional probationary period for
dDuring 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
n initial 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 by this Collective Bargaining Agreement and who accept a position in a classification covered by this Collective Bargaining Agreement shall serve a
n initial 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 and Juvenile Correctional Officer probationary period.
Following the completion of six (6) months of the probationary period, COs and JCOs
s hall be given the opportunity to select work assignments under the institution’s Pick-
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
An employee in any non-permanent appointment type
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 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.
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 absent employee, or to fill a vacant position during the posting and selection process. All temporary working level assignments used to fill a vacant position during the posting and selection process 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;
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.
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
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.
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 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 xxxxxx 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.
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 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, 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 Xxxxxxx 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 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.
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. For the calendar year beginning January 1, 1997 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.
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.
Proration of child care expenses reimbursement based on calendar year adjusted gross family income shall be as follows:
Adjusted Gross Family Income
more/ Each Child
less than $25,000
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.
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 xxxxx 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 xxxxx 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 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 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 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 CPR (Cardiopulmonary Resuscitation)
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.
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, 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 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. Promote health and safety education; and
G. Maintain and review minutes of all committee meetings.
H. 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.
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-xxxx. 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 insure safe, high quality, effective delivery of institutional services, and desire as well that staffing levels in non-institutional State Agencies are sufficient to insure 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 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, 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
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, 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 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 24.05 or 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 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 lower one-half (1/2) of the seniority roster to perform said overtime. Such mandatory
overtime shall be rotated among those employees who are listed on the lower one-half (1/2) of the seniority roster. 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 xxxxxxx, 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 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.
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 callback 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 considered as active pay status for purposes of this Article.
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 (365th) 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; 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 report to work or sent home 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 report to work or required to stay at work during such weather emergency shall receive their total rate of pay for hours worked during the weather emergency. In addition, employees who work during a weather emergency declared under this Section shall receive a stipend of eight dollars ($8.00) per hour worked.
An emergency shall be considered to exist when declared by the Employer, 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 sending essential employees home or instructing them not to report for work once a weather emergency has been declared. Essential employees who do not report when required during an emergency must show cause that they were prevented from reporting because of the 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 Governor or designee 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 their job classification, 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 and leave is granted, such leave is to be used in 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 shall be pursuant to Section 13.15 (A) above.
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
QUALITY SERVICES THROUGH PARTNERSHIP
14.01 - Statement of Principle
The Employer and the Union are mutually committed to continual improvement of
quality State provided services through a joint partnership involving Union leaders and staff and
the bargaining unit members they represent, Agency Directors and their Agency Management
staff at all levels of their organizations. This partnership of Union and Management shall be
known as the Quality Services through Partnership (QStP). The principles of this Article shall
apply in all quality improvement processes utilized in Agencies with OCSEA bargaining unit
employees. QStP will be jointly developed, implemented and monitored. It is recognized by the
parties that QStP is a separate process from the normal collective bargaining and contract
administration procedures. The purpose of QStP program will be to establish a quality work
culture and environment which allows for a collaboration of Management and bargaining unit
talents through use of the quality processes and procedures to develop and deliver quality
services through Union and Management teamwork and employee involvement and
empowerment. As a result of their mutual commitment to improving quality services, the parties
agree that quality outcomes and improvements resulting from QStP will not be used as the basis
or rationale for layoffs.
14.02 - Scope of Activities
No QStP or Problem Solving Team will have authority to discuss, change, modify or
infringe upon issues which are related to wages, hours and terms and conditions of employment.
Whenever a matter covered by a Collective Bargaining Agreement is raised in a QStP Quality
Improvement Process Team (QIP) or Problem Solving Process Team (PSP), the matter shall be
suspended until the members of the Statewide Steering Committee have expressly agreed to
continued involvement by the QIP or PSP Team. The following represent general examples of
items or issues which may or may not be worked on by QStP teams:
Agency Quality Service or Agency Product
Work Environment Safety
Union Contract Interpretations
Reduction in Paperwork
Savings in Time, Effort or the Handling of
State Policy and Working Conditions
Improvement in Process, Methods or
Improvement in Facilities, Tools or
Elimination of Waste of Materials and
Reductions in Hazards to People or
Whenever there is discussion over off-limit activities as stated above, or other matters
which are normally reserved to the collective bargaining process, no final decision or action shall
be taken except through the grievance or collective bargaining process as agreed to by the
14.03 - Steering Committees
Quality Services through Partnership will be directed by a Joint State Steering Committee
composed of an equal number of Management appointees and representatives of each of the
Unions representing State employees which choose to participate. The parties may mutually
agree to add members to the committee. Each Agency shall also have a Joint Agency Steering
Committee. The number and composition of the committee will be determined by consensus of
the State Steering Committee membership. Each party shall determine its own representatives to
serve on the statewide, Agency and other QStP Committees. Time spent on authorized QStP
matters shall be considered time worked. Whenever possible, State and Agency Steering
Committee meetings will be held between the hours of 8:00 a.m. - 5:00 p.m., Monday through
Friday, and employees will have their regular schedule adjusted to coincide with such meetings.
Steering Committees at each level will have the responsibility for the development of
plans and activities for the implementation of principles and processes described in Section
14.01, as well as the review of plans developed by subordinate Steering Committees and the
oversight of QStP activities within their jurisdiction. QStP issues and matters which are not
resolved at the Steering Committee level may be referred to the next higher Steering Committee
level for assistance and advice.
14.04 - Training
Training for all managers, supervisors, employees and Union leaders and staff in the
concepts, skills and techniques of the QStP processes and procedures will be conducted at the
Employer’s expense. It is the intent of this Agreement that insofar as it is practical, bargaining
unit leadership and their exempt counterparts (e.g., local Union President and officers and
Agency CEO or Director or Assistant Director and Deputies will attend the same training).
Whenever possible, the training in QStP matters will be presented by a joint Union/Management
team, members of which will be designated by each party. The training will consist of the
training offered or authorized through the State Office of Quality, as authorized by the Joint
14.05 - Employment Security Assurances
Quality outcomes and improvements resulting from QStP will not be used as the basis or
rationale for layoffs. If, as the result of QStP actions or recommendations, classifications are
changed or altered, jobs are abolished, or positions eliminated, Management shall attempt to find
other suitable employment within the employee’s office, institution or county, or geographical
jurisdiction, in that order for those employees affected; and if necessary, their pay shall be set in
accordance with Article 38. Employees shall not be subjected to loss of pay or layoff pending
suitable placement under this Section.
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 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.
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).
; except that iIn 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 (30th) 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 (30th) day from the time the first youth or inmate (other than cadre) arrives shall not be permitted to transfer institution 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
five (5) years 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 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
Employee 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 number. 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
employee 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 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
parties agree to establi sh a Statewide Seniority Credit Tribunal (Tribunal) toshall
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.
Beginning May 15, 2009, all bargaining unit employees shall be notified to review their
seniority credits for any discrepancies. A copy of the seniority list showing each employee’s
name, date of hire and seniority credits, shall be provided to each Chapter President.
Discrepancies shall be brought to the attention of the appropriate Agency employee by the
affected employee or chapter designee for review and possible correction by completing a
“Seniority Credit Discrepancy Form” (SCD). In the event no change is made or the affected
employee or chapter designee believes that further change is warranted, the completed SCD form
shall be forwarded to the Tribunal for disposition.
All SCD forms must be received by the Tribunal no later than September 1, 2009. Forms
received after this date will be directed to an NTA process.
The Tribunal shall meet on an “as needed” basis to address seniority credit issues. Tribunal time shall be the same as time under
Article 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
forms 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
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),
a Seniority Credit Discrepancy (SCD) form shall be completed 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.
In the event a grievance involving seniority credits has been filed under Article 25, the grievance shall be identified
and attached to the SCD form and forwarded to the Statewide
Tribunal for processing.
Forms with gGrievances attached 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
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:
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
a conspicuous manner throughout the region, district or state as defined in Appendix J on the
Ohio Hiring Management System (OHMS or xxxxxxx.xxxx.xxx). In cases of vacancies that are
to be filled by permanent transfer(s), the
vacancies shall be posted posting shall list the only in
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 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 xxxxxxx.xxxx.xxx) 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 who fails to complete the probationary period for a position shall be
restricted from bidding on the same classification for six (6) months from date employee
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.
An employee shall be permitted to bid on a job vacancy while receiving Workers’ Compensation, OIL, Salary Continuation, or 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 date employee
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 after May 15, 2015, shall have no
rights to grieve non-selection.
Interviews Selection devices (e.g. structured interview, written test, physical ability,
etc.) may be
scheduled used at the discretion of the Agency. Such interviews may cea se when
an applicant is selected for the position.
A. 1. The Agency shall first review the bids of the applicants from within the office, county or “institution.”
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). Employees bidding under Sections 17.04 (4) shall have grievance rights through Step Three 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 Three. 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 Three. 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 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, p
Proficiency tests or other assessments shall be
released only to
a Union designee 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,
who will use a review process that assures maintenance of security and integrity of the test. If
the selection device, proficiency test or other assessment is used as evidence in an
arbitration hearing, it will only be submitted to the arbitrator in camera or under seal,
p rovided the submission shall not impair the union’s right to use evidence submitted in
camera or under seal in the grievance 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 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 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-.327 and Administrative Rule 123:1-41-01 through 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 18.04. This does not prevent an employee in a part-time appointment category from bumping an employee in a full-time category.
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.”
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 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 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 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 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, 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
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 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
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 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.
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.
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
and classification specification. Classification
specifications are available on the Department of Administrative Services’ website.
19.02 - Grievance Steps
Step One - 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
with the Agency
Director or designee. The Agency Director or designee shall investigate and issue a decision
after review and approval by the Office of Collective Bargaining, within thirty-five (35) fifty
(50) calendar days.
A copy of the Director’s or designee ’s decisi on a nd a legible copy of the
grievance form shall be provided to the grievant and OCSEA Central Office. 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.
A request by t he Office of
Collective Bargaining to discuss the resolution of the grievance shall not extend the twenty (20)
day period within which the Union has a right to appeal the matter to arbitration under Step Two.
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%)
or more 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 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.
The da te of the filing of the
grievance shall be determined by the postmark or other evidence of delivery, whichever is
earlier, to the Agency.
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.
Step Two - Appeal to Arbitration Alternative Dispute Resolution (ADR)
Grievances which have not been
settled resolved under the foregoing procedure may be
arbitration ADR by the Union by providing a writ ten appeal a nd a legible copy of
the Working Out of Class grievance form to the Deputy Director of the Office of Collective
Bargaining within twenty (20) fifteen (15) days of the appeal activation Step One answer or the
date such answer was due. If the Employer fails to issue the answer and legible copy of the
grievance form to the Central Office, tThe Union may appeal shall propose the grievance to
arbitration for ADR at such time as it discovers such failure to timely answer, but not more than
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%)
or more 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 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
One 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
Step One, 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;
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
Step One 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
The Employer shall provide comprehensive health care to all eligible employees
defined in Section 20.01 (D), who shall have the right to choose among any qualified health
plans which are available in their area.
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,
or 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.
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 employee may elect to 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 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
health plans third-party administrators if the employee
either no longer resides or no longer works in the service area of the employee’s current
health plan third-party administrators.
All permanent full-time and part-time employees, including established-term appointments (ETAs) 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 upon recommendation of 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 26 (including legally adopted children, children for whom the employee has been appointed legal guardian, and dependent stepchildren and xxxxxx 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 retardation, severe mental disability or a physical handicap, 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.
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, except as required by the PPACA.
The Employer shall provide COBRA coverage as required by applicable laws.
Specific information on COBRA shall be available on the DAS website.
Upon an employee’s termination or separation from his/her employment from State
service (other than for gross misconduct), the Employer’s obligation to continue to pay either
share of the healthcare premium will cease unless specified otherwise elsewhere in this
contract. The Employer will notify the employee of their right to choose to continue his/her
health plan under the federally mandated COBRA program. Health plans shall make
available conversion to an individual medical policy. Under the federal law, the employee,
spouse or other family member has the responsibility to notify the State of Ohio of a
qualifying event (such as divorce, legal separation, or a child losing dependent status under
the group health plan). This notice must be made within sixty (60) days of the event or the
date coverage ends in order to be eligible for COBRA continuation.
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 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, 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 bimonthly, unless otherwise agreed, with the co-chairs, or a designee, as a member of each subcommittee.
Specific functions of the subcommittees shall include:
a. Make recommendations regarding the request for proposal, evaluation of bidders, and selection of all health plans and 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