Office of Collective Bargaining > Labor Agreements > District 1199 > District 1199 Contract Table of Contents >
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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 Language in Italics are annotations added by the Office of Collective Bargaining. |
The language in this Article continues unchanged from the previous Agreement.
Except to the extent modified by this Agreement, the Employer reserves, exclusively, all of the inherent rights and authority to manage and operate its facilities and programs. The exclusive rights and authority of management include specifically, but are not limited to, the rights expressed in Section 4117.08 (C)(1)‑(9) of the Ohio Revised Code, and the determination of the location and number of facilities; the determination and management of its facilities, equipment, operations, programs and services; the determination and promulgation of the standards of quality and work performance to be maintained; the determination of the management organization, including selection, retention and promotion to positions not within the scope of this Agreement; the determination of the need and use of contractual services; and the ability to take all necessary and specific actions during emergency operational situations. Management will not discriminate against any employee in the exercise of these rights or for the purpose of invalidating any contract provision.
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Arbitration Awards: |
Arbitrator Feldman; Grievant Vickie Sensenstein; DR&C, 10/12/94. Arbitrator Feldman held that the Employer has the right to determine if a vacancy actually exists. The Union failed to prove that the other employees in this office were being overworked or that there were supervisors performing the retired employees’ workload. The Arbitrator found that an automatic vacancy does not exist when an employee retires. |
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OCB #1010 OCB #1162 |
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Arbitrator Gibson; Grievant Jeff Robey; DR&C, 10/3/96. Arbitrator Gibson wrote that Articles 5 and 41 of the Agreement must be read together to make a decision in this case. In Article 41, management talks about bargaining unit work and the Employer’s right to make an effort to avoid the elimination of a position or displacement of an employee due to the use of volunteers. The position of Case Manager was not eliminated and no Case Manager was displaced due to the use of a volunteer. |