Office of Collective Bargaining > Labor Agreements > District 1199 > District 1199 Contract Table of Contents >

ARTICLE 1 - PURPOSE AND INTENT OF THE AGREEMENT


This is a labor agreement with annotations by the Office of Collective Bargaining.

PLEASE NOTE:
Language that is in bold typeface and underlined was added with this Agreement.

Language that is struckthrough was removed with this Agreement.
Language in Italics are annotations added by the Office of Collective Bargaining.

The language in this Article continues unchanged from the previous Agreement.

It is the purpose of this Agreement to provide for the wages, hours and terms and conditions of employment of the employees covered by this Agreement; and to provide an orderly, prompt, peaceful and equitable procedure for the resolution of differences between employees and the Employer.  Upon ratification, the provisions of this Agreement shall automatically modify or supersede:  (1) conflicting rules, regulations and interpretive letters of the Department of Administrative Services pertaining to wages, hours and conditions of employment; and (2) conflicting rules, regulations, practices, policies and agreements of or within departments/agencies pertaining to terms and conditions of employment; and (3) conflicting sections of the Ohio Revised Code except those incorporated in Chapter 4117 or referred to therein.

This Agreement may be amended only by written agreement between the Employer and the Union.  No verbal statement shall supersede any provisions of this Agreement.

Fringe benefits and other rights granted by the Ohio Revised Code which were in effect on the effective date of this Agreement and which are not specifically provided for or abridged by this Agreement, will be determined by the Ohio Revised Code.

The Employer will satisfy its collective bargaining obligation before changing a matter which is a mandatory subject of bargaining.

Explanation:

Under this language, future legislative changes which enable benefits, rights, etc., become effective based on the effective date of the new legislation.  This does not provide management with a wholesale right to change the terms of the Agreement.  Where the collective bargaining agreement is silent or the benefits provided for do not abridge the collective bargaining agreement, statutes, regulations, rules or directives shall determine those benefits.  Matters which are mandatory subjects of bargaining shall not be changed before the Employer has satisfied its collective bargaining obligation.

Attention:

Agency Directors; Agency Labor Relations, Personnel, and Human Resources Officers; Agency Legal Counsels; and Department of Administrative Services, Human Resources Division.

Mid-Term Contractual Changes

The Employer and the Union have the power and authority to enter into amendments of this Agreement during its term constituting an addition, deletion, substitution or modification of this Agreement.  Any amendment providing for an addition, deletion, substitution or modification of this Agreement must be in writing and executed by the President of the Union or designee and the Director of the Department of Administrative Services or designee.  Upon its execution, such amendment shall supersede any existing provision of this Agreement in accordance with its terms and shall continue in full force and effect for the duration of this Agreement.  All other provisions of this Agreement not affected by the amendment shall continue in full force and effect for the term of this Agreement.

Explanation:

This Section clarifies the authority of both parties to add to, delete from, substitute or modify any of the provisions of the Agreement during its term.  Memoranda of Understanding listed in the back of the collective bargaining agreement shall continue unless changed.  Memoranda of Understanding entered into pursuant to this agreement expire with the end of this collective bargaining agreement.

Attention:

Agency Directors; Agency Labor Relations, Personnel, and Human Resources Officers; Agency Legal Counsels; and Department of Administrative Services, Human Resources Division.

Instructions:

If agencies wish to amend the Agreement, they must contact their Office of Collective Bargaining Labor Relations Specialist for assistance.  All amendments must be signed by the Director of the Department of Administrative Services or designee to be valid.




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